COMMONWEALTH OF MASSACHUSETTS

Hampshire, ss. Northampton District Court

Docket No. 1945CR1490

OPPOSITION TO COMMONWEALTH’S MOTION TO BRING CASE FORWARD TO

ADDRESS BAIL

Defendant, through counsel, hereby respectfully opposes any request by the Commonwealth to

bring this case forward in order to address bail. As grounds therefor, Defendant states as follows:

1. I received the attached email from Assistant District Attorney Andrew Covington last

Friday at 5:02 pm, advising me that he planned to bring this case forward to address the

matter of bail – that he was intending to either file a motion to bring the case forward or ask

for a warrant.

2. As a basis for his intended actions, he attached a report from the Northampton PD saying

that Beth Peller had come in that day to report a violation of Defendant’s conditions of

release because he had reposted a video where he complained about what she had done to

him and, in the words of the police officer who took the report, “makes claims that he is

going to sue Peller.” The police report is attached.

3. It is this same video that is the basis of this case. It is clear to even the police officer that

there were no threats to do any personal violence to Ms. Peller. I have filed a Motion to

Dismiss this case based on that very fact: the video contains absolutely no threats to do

physical violence. That motion is scheduled to be heard on January 8th at 2pm.

4. The conditions of release in this case are only that Defendant have no contact with Ms.

Peller. The earlier conditions of release, that he not post on social media about Ms. Peller

or UMass are no longer in effect. The Commonwealth is very well aware of this, since we

1
 negotiated the new terms of release when I appeared in court last Tuesday, and we

presented them as agreed upon to the Court.

5. I wrote Assistant District Attorney Covington a reply email that same night, which email is

attached.

6. I did not get a reply from Assistant District Attorney Covington by the next day, and so I

wrote him again. My email is attached.

7. Assistant District Attorney Covington has already tried to get a warrant issued twice in this

case, and was denied – a fact which had been unknown to me but which he announced in

court last Tuesday. These requests are baseless.

WHEREFORE, counsel respectfully requests that the case not be moved forward and that no

warrant issue and that the conditions of bail remain the same, because there has been no violation.

Defendant,

By counsel,

Karen D. Hurvitz, BBO #245720

Ilya I. Feoktistov, BBO #704458

Law Office of Karen D. Hurvitz

34 Tanglewood Drive
Concord, MA 01742
(617)513-3365
HurvitzLaw@comcast.net
2
 CERTIFICATE OF SERVICE

I hereby certify that I have served the foregoing on Assistant District Attorney Andrew
Covington by emailing a copy to him at Andrew.Covington@state.ma.us this 15th day of
December 2019.

3
 Karen Hurvitz <karendhurvitz@gmail.com>

Release Conditions Violation

1 message

Covington, Andrew (DAA) <andrew.covington@state.ma.us> Fri, Dec 13, 2019 at 5:02 PM

To: Karen Hurvitz <hurvitzlaw@comcast.net>

Hi Karen,

I plan on addressing this with the Court on Monday first thing. This is concerning. Can you be there with your client? I
will be filing a mo on either for a warrant or to bring forward immediately.

Andy

Andrew Covington| Assistant District A orney

Northwestern District A orney's Office
Andrew.Covington@State.MA.US | NorthwesternDA.org
One Gleason Plaza| Northampton, MA 01060
Office (413) 437-5746
Please view our Annual Report and connect with the NWDAO on Facebook

This e-mail message is generated from the Office of the Northwestern District A orney and contains informa on that is confiden al and may be privileged as
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email in error, please no fy the sender by return email and delete it from your computer system.

2 attachments

Shenker tweet.PNG
512K

2694.pdf
22K
 Northampton Police Department Page: 1
Incident Report 12/12/2019

Incident #: 19-2694-OF
Call #: 19-38238

Date/Time Reported: 12/12/2019 1400

Report Date/Time: 12/12/2019 1543
Status: No Crime Involved

Reporting Officer: Detective Adam Van Buskirk 4390

Assisting Officer: Detective Honora Sullivan-Chin - 6046

Signature: ______________________________

# INVOLVED SEX RACE AGE SSN PHONE

1 SHENKER, LOUIS FABIAN M W 20 413-237-5439

76 TAYLOR ST
AMHERST MA 01002

Military Active Duty: N

HEIGHT: 506 WEIGHT: 130 HAIR: BLACK EYES: BROWN
BODY: NOT AVAIL. COMPLEXION: FAIR
DOB: 12/16/1998 PLACE OF BIRTH: SPRINGFIELD, MA
STATE ID: FBI ID: JVEEAHLN0
LICENSE NUMBER: MA S33036580 ETHNICITY: NOT HISPANIC
PCF #: 5517057

___________________________________________[CONTACT INFORMATION]_______________________________________________

Home Phone (Primary) 413-237-5439

________________________________________________[APPEARANCE]___________________________________________________

GLASSES WORN: NO

_______________________________________[FAMILY/EMPLOYMENT INFORMATION]_________________________________________

MARITAL STATUS: SINGLE

FATHER'S NAME: SHENKER, DAVID

MOTHER'S NAME: FABIAN, BEATRICE

EMPLOYER/SCHOOL: UMASS AMHERST

OCCUPATION: STUDENT

# EVENTS(S)

LOCATION TYPE: Government/Public Building Zone: Main Footbeat Upper

NORTHAMPTON POLICE DEPT
29 CENTER ST
NORTHAMPTON MA 01060

1 VIOLATION OF RELEASE CONDITIONS

# VICTIM(S) SEX RACE AGE SSN PHONE

1 CONFIDENTIAL
 Northampton Police Department Page: 2
Incident Report 12/12/2019

Incident #: 19-2694-OF
Call #: 19-38238

********************************
***CONFIDENTIAL VICTIM REPORT***
********************************

# VICTIM(S) SEX RACE AGE SSN PHONE

1 PELLER, BETH F W 36 413-517-4398

11 MUNROE ST
NORTHAMPTON MA 01060

DOB: 01/02/1983
EMPLOYER: UMASS AMHERST ·
ETHNICITY: Not of Hispanic Origin
RESIDENT STATUS: Resident
VICTIM CONNECTED TO OFFENSE NUMBER(S): 1
RELATION TO: SHENKER LOUIS Acquaintance
CONTACT INFORMATION:
Home Phone (Primary) 413-517-4398
 Northampton Police Department Page: 1
PERSONNEL NARRATIVE FOR DETECTIVE ADAM J VAN BUSKIRK 4390
Ref: 19-2694-OF
Entered: 12/12/2019 @ 1549 Entry ID: 207
Modified: 12/12/2019 @ 1629 Modified ID: 207

1. On Thursday, December 12, 2019 at approximately 1400 hours Detective Sullivan-Chin and I (Detective Adam
Van Buskirk) responded to the lobby of the police department after being advised by Desk Officer Dzialo that
Beth Peller was in the lobby of the police department and requesting to speak with us.

2. Upon arrival, detectives brought Peller into an interview room where she advised that Louis Shenker violated
his terms of release regarding the ongoing case of Commonwealth vs. Louis Shenker (Docket # 1945CR1490). It
should be noted that I am familiar with both Shenker and Peller through previous ongoing incidents. In the
conditions of his release Peller advises that Shenker is required to refrain from all social media posts about Peller
and/or the University of Massachusetts.

3. Peller showed Shenker’s Twitter feed (@Louis_Shenker) which at approximately 1100 hours today (12/12/19)
Shenker writes, “This is the video that got me thrown in jail for two nights in an isolation cell. #Irony”.
Underneath the writing, is a retweet of an original post by Shenker on November 16, 2019 which was titled “My
Former CR-112 Professor Beth Peller (Antifa member who stole my MAGA hat on 12/6/18) has convinced a
judge to BAN ME FROM UMASS AMHERST”. This video has been documented in a previous Northampton
Police Department offense report (19-2518-OF). In this video, Shenker mention’s Peller by name. He makes
claims that he is going to sue Peller. In the video, Shenker discussed a Harassment Prevention Order that lists him
as the defendant and Peller as the Plaintiff. Shenker states, "It's game over. I don't care if you're Beth Peller". He
also mentions someone from the BBYO but the name cannot be understood. At approximately 15:25 in the video,
Shenker says something to the effect of, The claws are coming out Barucha. I'm going to, not violently,
*inaudible, not threateningly sue the ever loving shit out of you. At 17:50 into the video, Shenker states something
to the effect of You sent the cops after me. There is no more mercy. There's no more sympathy. There's no more
compassion. It's fire and fury in the likes of which the world has never seen. Thank you. God Bless America.

4. It should be noted that this video, originally posted on November 16, 2019 and retweeted on Thursday,
December 12, 2019 is mainly about Beth Peller and events transpiring about what occurred. He also tells the
University of Amherst they will be sued as well. This was documented and a copy of the police report was sent to
ADA Covington at his request. A copy of this report will also be left for probation per the request of ADA
Covington.
Re: Release Conditions Violation
1 message

Karen Hurvitz <hurvitzlaw@comcast.net> Fri, Dec 13, 2019 at 7:34 PM

To: "Covington, Andrew (DAA)" <andrew.covington@state.ma.us>
Cc: Ilya Feoktistov <ii.feoktistov@gmail.com>

Hi Andy,

I just read your email and I am stunned. When we discussed his conditions of release, I told you that I thought that it was
unfair and frankly unconstitutional that Mr. Shenker be prohibited from using his social media accounts, since even the
Supreme Court has acknowledged that social media has become the new marketplace of ideas, the new speaker's
corner, or park. We specifically agreed that the only conditions of his release would be NO CONTACT with Peller. And we
reported that we had reached that agreement with Judge Walsh, who approved it.

I am attaching the order which reflects these new conditions of release.

If you reviewed this document, which I am assuming is in the court jacket, you know very well that the conditions of
release no longer include social media posts about Ms. Peller. Even when they did, two separate judges denied your
motions to revoke bail, based on Mr. Shenker’s protected speech on social media . It seems to me that you and the
Northampton PD are aiding Ms. Peller in trying absolutely everything possible to put Mr. Shenker in jail because of his
political speech, which amounts to an unconstitutional deprivation of Mr. Shenker's clear First Amendment rights every
time he makes a social media post. Each time you fail and try again, Northampton PD’s future ability to claim absolute or
qualified immunity from a civil rights lawsuit by Mr. Shenker becomes less and less likely.

I am especially surprised that you would propose to do this in light of the very weak nature of the case. I cross-examined
Ms. Peller about the post that forms the basis of this case on Tuesday, and she testified, under oath, that she did not read
what he had written and did not listen to the entire post, and that, presumably, was why she did not understand that he
was threatening only to SUE her and nothing more. She testified that she did not see the screenshot that very clearly says
"LAWYERS ACTIVATED." This screenshot, and in fact the entire transcript of the post is attached to my Motion to
Dismiss.

I expect that you will now review the conditions of release and change your course of action.

Moreover, I cannot be in court on Monday and am leaving for a 10 day vacation on Wednesday.

Sincerely,

Karen Hurvitz

LAW OFFICE OF KAREN D. HURVITZ

HURVITZLAW@COMCAST.NET
(617) 513-3365

"The only thing necessary for the triumph of evil is that good men do nothing."
-Edmund Burke

THIS MESSAGE AND ANY ATTACHED DOCUMENTS CONTAIN ATTORNEY-CLIENT COMMUNICATION, SUBJECT TO PRIVILEGE AND
EXEMPT FROM DISCLOSURE UNDER LAW. THEY ARE FOR THE INTENDED RECIPIENT ONLY; DELIVERY OF THIS MESSAGE TO
ANYONE OTHER THAN THE INTENDED RECIPIENT DOES NOT WAIVE THEIR CONFIDENTIALITY. IF YOU ARE NOT THE INTENDED
RECIPIENT PLEASE NOTIFY ME AND DELETE THIS MESSAGE FROM YOUR SYSTEM.
Re: Release Conditions Violation
1 message

Karen Hurvitz <hurvitzlaw@comcast.net> Fri, Dec 13, 2019 at 9:07 PM

To: "Covington, Andrew (DAA)" <andrew.covington@state.ma.us>
Cc: Ilya Feoktistov <ii.feoktistov@gmail.com>

Hi again Andy,

I just reread the police report that you attached, It states that in the video "He makes
claims that he is going to sue Peller."

It is thus apparent that NO ONE believed that Mr.Shenker had made any threats of violence - only claims that he was
going to sue. Where is even a whiff of criminality in expressing an intent to sue?

I request that you nol pros this case - it is clear that it should never have been brought.

Karen

LAW OFFICE OF KAREN D. HURVITZ

HURVITZLAW@COMCAST.NET
(617) 513-3365

"The only thing necessary for the triumph of evil is that good men do nothing."
-Edmund Burke

THIS MESSAGE AND ANY ATTACHED DOCUMENTS CONTAIN ATTORNEY-CLIENT COMMUNICATION, SUBJECT TO PRIVILEGE AND
EXEMPT FROM DISCLOSURE UNDER LAW. THEY ARE FOR THE INTENDED RECIPIENT ONLY; DELIVERY OF THIS MESSAGE TO
ANYONE OTHER THAN THE INTENDED RECIPIENT DOES NOT WAIVE THEIR CONFIDENTIALITY. IF YOU ARE NOT THE INTENDED
RECIPIENT PLEASE NOTIFY ME AND DELETE THIS MESSAGE FROM YOUR SYSTEM.