Judge shoots down effort to get 98-year-old woman’s McCarthy-era conviction vacated

Miriam Moskowitz, 98, was ‘disappointed’ with Judge Alvin Hellerstein’s ruling in her 1950 obstruction of justice conviction, but continues to insist that she knew nothing about her then-lover’s atomic espionage.

BY
NEW YORK DAILY NEWS
Published: Friday, December 5, 2014, 8:02 AM
Updated: Friday, December 5, 2014, 7:38 PM
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Her Red Scare nightmare lives on!

A Manhattan Federal Court judge shot down 98-year-old Miriam Moskowitz’s effort to have her McCarthy-era conviction vacated Thursday, saying the newly discovered evidence in her case didn’t undermine her original trial.

“The error, if any, is not fundamental. There’s no showing it would have changed the result,” Judge Alvin Hellerstein said, dashing the New Jersey woman’s dream of finally clearing her name.

After the ruling, the feisty Moskowitz steadfastly proclaimed her innocence.

“Too bad. My 98-year-old life goes on,” said Moskowitz, who lives in Washington Township.

“I am disappointed because it reflects really not so much on me, but on the prejudice of the McCarthy-era.”

NYC PAPERS OUT. Social media use restricted to low res file max 184 x 128 pixels and 72 dpi Jefferson Siegel/New York Daily News
Miriam Moskowitz (center), 98, leaves Manhattan Federal Court with her nephew, Ira Moskowitz (right) and her niece-in-law, Caren Ponty (left) on Thursday.
dnp; clee; Ed Jackson
Escorted by U.S. Deputy Marshals Lillian McLaughlin (left) and Anthony Pavone (right), Miriam Moskowitz enters Manhattan Federal Court for trial in 1950.
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Moskowitz was convicted in 1950 of obstruction of justice tied to a plot to leak atomic secrets to the commies.

She has always insisted she didn’t know anything about the atomic espionage between her boss and lover at the time, Abraham Brothman, and his associate, Harry Gold.

In 2008, Moskowitz uncovered unsealed grand jury minutes that she said called into question the credibility of Gold, the only person to testify against her.

But Judge Alvin Hellerstein didn’t buy it, and noted that vacating a conviction can only occur in extraordinary circumstances.

After his ruling, the judge wished Moskowitz well.

The Daily News covered the story in July 30, 1950. Daily News Photo
The Daily News covered the story in July 30, 1950.
Moskowitz questioned the credility of the man who testified against her. Daily News
Moskowitz questioned the credility of the man who testified against her.
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  • New York Daily News front page July 30,1950Reds Smash On In Flank Attack Nab Man, Woman in Spy PlotMiriam Moskowitz, 34-year-old stockholder in a chemical firm, is taken to Federal Courthouse here by FBI agent. Also showing up at the courthouse was Abraham Brothman, 36, of Sunnyside, Queens. Both were indicted on charges of obstructing justice by helping to conceal the spying activities of Harry Gold, 39-year-old chemist who is awaiting sentence for giving atomic secrets to the Russians.
  • Miriam Moskowitz
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“It’s a pleasure to have you in this court. As the saying goes, may you live until 120,” he said.

Moskowitz, who has been followed by an independent documentary crew for over a year, seemed to enjoy the attention.

“Note that my grand-nephew took the trouble to come in!” she told reporters.

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