Defense Seeks Dismissal of Charges Against R’ Binyomin Kubani, Citing Flawed Investigation and Lack of Evidence

Rabbi Binyomin Kubani’s legal team has filed a motion seeking a full dismissal of the charges against him, calling the allegations “unsupported” and the investigation “deeply troubling.”

Rabbi Kubani was arrested last week after a Hispanic teenager alleged that he had attempted to lure him into a car. However, defense attorney Yosef Jacobovitch argues that the accusation stemmed from a simple miscommunication — Kubani, who speaks minimal English, was trying to hire a day laborer to clean his car, a common practice in the area.

According to the motion filed Tuesday, the charges fail to meet the legal threshold required by the applicable statute. The filing asserts that even based on law enforcement’s own description of events, there is no evidence of criminal intent or unlawful behavior.

In a key revelation, the defense highlights inconsistencies in the alleged victim’s statements. The original police report documented only a nonverbal gesture. However, during a later interview conducted by a detective, the teen’s story evolved — with new, more serious accusations emerging only after continued police questioning.

The defense has raised “serious concerns” about the interview tactics used, suggesting that the evolving nature of the allegations may have been influenced by improper or suggestive questioning. Jacobovitch confirmed that his team is actively seeking access to the full video and audio recordings of the interview to assess its legitimacy.

The motion also reiterates earlier claims of mishandling by law enforcement, particularly Lakewood Police Detective Charles Messer, who allegedly refused to hear Rabbi Kubani’s side of the story. According to Jacobovitch, Messer said at the time, “I will not let him muddy the water with his lies,” when asked to take a statement from the accused.

A court hearing on the motion to dismiss is expected in the coming weeks. In the meantime, Rabbi Kubani remains at home with his family, awaiting the next phase in what his supporters hope will be a swift path to full exoneration.

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