Binghamton bar sex abuse case latest: Charges dropped against The Colonial owner's brother
Criminal charges have been dropped against the brother of one of the owners of The Colonial.
Leor Kweller, 43, of Brooklyn, was arrested in February 2022 and indicted the following month on charges of first-degree rape and first-degree sexual abuse, both for allegedly engaging in sexual intercourse with someone who was “incapable of consent by reason of being physically helpless,” according to Broome County Court documents.
His was the third arrest made in connection with a Binghamton police investigation into allegations of drugging and sexual assault by owners of The Colonial and Dos Rios restaurants.
Leor Kweller was not involved in restaurant operations, but his younger brother and codefendant, Yaron Kweller, was a managing partner of both restaurants alongside Jordan Rindgen, who was also named in the 12-count indictment last year.
What happens next in Colonial case
In a ruling that has not yet been made public, Broome County Court Judge Carol Cocchiola dismissed the charges last week based on a review of transcripts from grand jury testimony, according to Broome County District Attorney Mike Korchak.
“We stand with the victims and the Binghamton Police Investigators who worked on the case, and we are reviewing all our options,” Korchak’s office said in a statement Monday.
The charges may be reinstated if Korchak successfully appeals Cocchiola’s decision or presents the case to another grand jury for reindictment, but his office declined to confirm whether or not he intends to.
More: This bar and grill is moving into the former spot of The Colonial
Past coverage: Police launch investigation into incident involving owners of 3 Binghamton restaurants
More: New charges for Colonial owners, brother in Binghamton restaurant drug, sex assault case
Criminal cases remain intact against Yaron Kweller and Jordan Rindgen, but a judge may rule on their potential dismissal as early as this week.
Yaron Kweller, the younger brother of Leor, was indicted on charges of first-degree rape and the commission of a first-degree criminal sex act, both felonies.
Jordan Rindgen was charged with two counts of third-degree criminal sale of a controlled substance for allegedly selling cocaine to two people. He was also charged with third-degree criminal possession of a controlled substance for his alleged possession of cocaine with the intent to sell it.
Attorneys claim cellphone evidence 'exculpates all three defendants'
In February, four attorneys representing Rindgen and the Kwellers submitted a letter to Korchak requesting the immediate dismissal of all charges against their clients in light of “certain evidence” that “exculpates all three defendants.”
In the letter, Binghamton-based attorneys Thomas D. Jackson Jr. and Paul Battisti, respectively representing Rindgen and Yaron Kweller, and Elena Fast and Andrea Zellan of New York City, both representing Leor Kweller, outlined their attempts to review forensic imaging of the cellphones belonging to the two women upon whose testimonies the criminal cases were built.
Forensic imaging of mobile devices constitutes a thorough review of every sector and every byte of a device, including storage that appears empty but may contain deleted files.
The defense counsel claimed communications between the two complainants, as well as communications with third parties, indicated that one of the women “was certain that she did not have intercourse on the night in question,” and that the second woman’s sexual encounter was consensual and did not constitute sexual assault.
The lawyers also demanded a criminal investigation into the two women for perjury and evidence tampering, claiming they intentionally misled the grand jury and deleted or withheld potentially incriminating communications and social media posts.
Battisti is challenging Korchak in the upcoming race for Broome County District Attorney. The Republican primary will be held June 27.
The former spot of The Colonial, which closed in April 2022, is being transformed into a bar and grill.
This article originally appeared on Binghamton Press & Sun-Bulletin: What Colonial owners' case update means for remaining criminal charges
