Orange County District Attorney's Office is reviewing cases handled by former prosecutor accused of bribery

The attorney in a pending $22.5 million lawsuit against Orange County and a former lead prosecutor have filed a motion to dismiss his client's guilty plea after uncovering evidence of what he calls a “dirty deal.”

The former prosecutor and retired Orange County court judge is accused of knowing the alleged victim, Moutz “Marty” Soudani, the suspect's uncle, and accepting nearly $50,000 from him to investigate the case.

“If someone accepts checks during the prosecution, and that is the case according to the documents we were able to obtain during the evidence taking in a related civil case, when you put the checks and the text in context, it becomes clear that these payments are related to the prosecution. That is shocking,” says Martin Soudani's lawyer Arthur Middlemiss.

According to Middlemiss, a number of text messages between the alleged victim and Rosenwasser were also discovered, including one alleged exchange in which Moutz Soudani allegedly wrote to Rosenwasser that he would make him “beyond happy.” Rosenwasser allegedly responded that he would “always protect” him and “help him.” Another exchange allegedly included comments from Soudani that he “destroyed everything that was bad on the phone.”

Martin Soudani faced a prison sentence of up to 25 years, although according to Middlemiss his client had claimed that he received the money from his uncle from a trust of which he was a beneficiary.

“He knew that the plaintiff's friend was driving the train and that all the defenses he had benefited from had fallen on deaf ears,” says Middlemiss. “The offer that was made to him gave him a chance to get out of prison, possibly within three months, and he accepted it.”

Martin Soudani and his mother, Eman, are suing Rosenwasser, the county, the district attorney and a senior employee over the alleged false accusation. Eman Soudani has also filed a separate lawsuit under the Adult Survivors Act against Moutz Soudani, alleging incest and rape. Middlemiss says the mother and son lived with Moutz Soudani in Orange County and moved to Colorado when Moutz Soudani approached Rosenwasser about the alleged theft.

“There is an incredibly long and horrific history of incestuous abuse between the plaintiff and his sister. It appears that the plaintiff either wanted her back to maintain control over the people he was abusing or he wanted to punish her. He basically hired an assistant district attorney to take care of the problem.”

According to court documents obtained by News 12, Martin repaid nearly $500,000 in allegedly stolen money to Soudani before his sentencing. The judge who presided over the sentencing said Soudani was downplaying his involvement in the case and was not telling the truth.

The Orange County District Attorney's Office told News 12 that Rosenwasser was hired in 2019 as a policy and research consultant to help reform evidence discovery. It says Rosenwasser had no direct supervisory role except for the last five weeks of his employment, and during that time he oversaw four cases: a case against the Orange County Industrial Development Agency, an arson attack on a Newburgh restaurant and a theft at SUNY Orange – all of which involved working with state and local authorities and reviewing them to ensure they were handled correctly.

District Attorney Dave Hoovler said in a statement that the allegations “relate solely and exclusively to Judge Rosenwasser and a single case. If true, he has brought shame to the justice system, the people he worked with and the citizens of Orange County.”

Rosenwasser suddenly resigned in June 2024, writing in a letter to the district attorney: “I hereby notify you that I am retiring from the practice of law and therefore resigning from my position with the Orange County District Attorney's Office, effective immediately. Thank you for the opportunity to be a part of your office and serve the people of Orange County.”

According to a source, Rosenwasser is also being investigated for tax evasion. News 12 reached out to him for comment but did not receive a response.