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South Florida lawyer accused of witness tampering in teacher sex case

According to a court affidavit, Marcy Resnik was the lawyer for the victim in a sex abuse case involving a Broward County teacher.
Credit: heliopix - stock.adobe.com

MIAMI — South Florida lawyer Marcy Resnik was arrested and charged with witness tampering in case that involves sexual abuse allegations against a Broward County teacher.

In December 2020, a former student of Everglades High School teacher Carlos Menendez alleged that they were involved in a sexual relationship from 2015-2017. An arrest affidavit suggests that during the investigation, Menendez’s attorney asked the accuser if she may want to settle the case another way after she started to feel uneasy about a trial. The affidavit indicates Menendez’s attorney arranged for the former student to communicate with Resnik.

During conversations about an attempt to settle, the affidavit says Resnik is accused of trying to persuade the victim to take the settlement by stating things like:

  • “you should just take the settlement because this is probably as good as [it's] going to get."
  • “It’s going to be a long process with a trial if you decide to go back and do the prosecution, and you already backed out of it once, ...you don’t look credible."
  • “what are the charges even for, because you understand that for statutory rape, [it's] out of the statute of limitations.”

The affidavit goes on to say Resnik told the victim to just take the money and that this case would not hold up because the statute of limitations had passed. Prior to signing a settlement, Resnik is accused of having the victim agree that the sexual acts between her and Menendez were consensual and that she could not cooperate with any investigation by any law enforcement agency into the matter.

The accuser was just 15 years old when she says the sexual intercourse began.

The affidavit says Resnik told her that speaking with the police would break their agreement.

A legal subpoena was served on Kahn and Resnik Law Firm on March 4, 2022, where police obtained copy of the contract. The affidavit indicates the firm charged the defendant’s firm $24,750 and indicated the client would receive $72,500.

In late May, Carlos Menendez was arrested for sexual battery on a minor. Investigators say Menendez told them he thought the criminal case was resolved through the involved attorneys for both parties.

A warrant for Resnik’s arrest was issued for June 10, 2022. She turned herself in to police and was charged with tampering with or harassing a witness, victim, or informant.

RELATED: Former Broward County teacher accused of sexual battery of a student

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