Raphael Golb re-sentenced to 2 months in prison, 3 years probation

Go_To_JailAccording to the AP:

A man convicted of using digital-age tools to impersonate and malign his father’s academic rivals on the ancient subject of the Dead Sea Scrolls was sentenced Monday to two months in jail after the state’s highest court tossed out some of his convictions — and with them, a state aggravated-harassment law.

The sentencing of Raphael Golb, who also got three years’ probation, came after the Court of Appeals upheld convictions on other charges, including criminal impersonation and forgery. Golb had been sentenced earlier to six months’ jail but free on bail during his appeal.

Golb was given a surrender date of July 22, but could ask the courts to hold off the jail term while appealing the case further.

So once again, the courts have decided that Dr. Golb is a convicted criminal. Dr. Golb was sentenced yet again to two months in prison and three years probation.

Raphael Golb, son of Ludwig Rosenberger Professor in Jewish History and Civilization at the Oriental Institute of the University of Chicago Dr. Norman Golb, committed multiple crimes, was caught, lied about it to police, then claimed he was just joking, was convicted, was sentenced, appealed his conviction, was still found to be guilty on multiple counts, and now has been re-sentenced.

Dr. Golb is still guilty. Dr. Golb is still a criminal. Dr. Golb has been sentenced to do time.

(And of course, Dr. Golb will appeal yet again…)


For a history of this case, click here.

 

On the passing of Yuval Peleg ז״ל

It hurts my heart to hear reports of the death of Dr. Yuval Peleg in an accident at an archaeological dig site between Homesh and Karnei Shomron in the West Bank on Thursday, June 26, 2014. Dr. Peleg was the respected Deputy Archaeological Staff Officer in the Civil Administration for Judea and Samaria.

I came to know him in 2007 because of his 10-year excavation at Qumran, the site associated with the discovery of the Dead Sea Scrolls. Wherever he was, Yuval was always the “big man” on site. He was one of the few people in the field who actually made me feel small.

Robert Cargill with Yuval Peleg at Qumran in July, 2013.

With Yuval Peleg at Qumran in July, 2013.

And his personality was even bigger than his impressive physical stature. But Yuval exhibited perhaps one of the greatest qualities a scholar can possess: while we fundamentally disagreed on our interpretation of Qumran, Yuval was always professional, polite, friendly, reasoned, and always had a huge smile on his face.

Robert Cargill and Yuval Peleg

Sharing a laugh with Yuval Peleg on site at Qumran in 2010.

We also worked together on several television documentaries. While filming some footage for Bible Secrets Revealed, Yuval was kind enough to escort me into Qumran Cave 4, where we talked and shared stories about Qumran. To this day, my time in Cave 4 with Yuval Peleg is one of the highlights of my archaeological life.

Yuval Peleg in Qumran Cave 4.

With Yuval Peleg in Qumran Cave 4.

He died tragically, but he died doing what he loved: archaeology. And like soldiers, cowboys, and archaeologists of legend, he died with his boots on.

Yuval Peleg gave his life working with Israelis and Palestinians to uncover the history of a land that means so much to so many. And he always did it with a smile.

Robert Cargill and Yuval Peleg

Yuval Peleg shows me parts of his excavation at Qumran in 2010.

Yuval is scheduled to be laid to rest on Friday morning at 9:30 in the cemetery of Kfar Adumim, east of Jerusalem.

I mourn the death of Yuval Peleg. I grieve with his family. And I shall remember him fondly.

Robert Cargill and Yuval Peleg in the locus 138 miqveh (ritual bath) at Qumran.

With Yuval Peleg in the locus 138 miqveh (ritual bath) at Qumran in 2010.

Yuval Peleg ז״ל

Yuval Peleg enters Qumran Cave 4

Yuval Peleg enters Qumran Cave 4

NY Court of Appeals Upholds 19 Convictions Against Raphael Golb in Dead Sea Scrolls Case

Raphael Golb had multiple convictions upheld by the NY Court of Appeals. He had appealed the 29 counts on which he was convicted and which the Appellate Division had upheld.

Raphael Golb had multiple convictions upheld by the NY Court of Appeals. He had appealed the 29 counts on which he was initially convicted and which the NY Appellate Division had upheld. The NY Court of Appeals upheld 19 convictions.

The NY Court of Appeals today affirmed and upheld a total of 19 convictions of Raphael Golb, son of Dr. Norman Golb, Ludwig Rosenberger Professor in Jewish History and Civilization at the Oriental Institute of the University of Chicago, in a bizarre internet cybercrime case stemming from crimes committed beginning in 2007.

The NY Court of Appeals upheld 9 convictions of criminal impersonation and all 10 forgery convictions in the case of the People of NY v. Raphael Golb, in which the defendant created an army of pseudonymous online sock puppets to criticize, harass, and ultimately impersonate various scholars who disagreed with the academic findings of his father, Dr. Norman Golb, concerning the Dead Sea Scrolls.

The court vacated the top charge of identity theft (felony), 5 criminal impersonation convictions, all aggravated harassment convictions, as well as the conviction on the count of unauthorized use of a computer.

For the reasons that follow, we affirm the convictions for nine counts of criminal impersonation in the second degree and all of the convictions for forgery. We vacate the conviction for identity theft in the second degree; five of the convictions for criminal impersonation in the second degree; all of the convictions for aggravated harassment in the second degree, and the conviction for unauthorized use of a computer.

(For more, visit the NY Court of Appeals “Decisions” page.)

The vacating of the lone felony charge may mean reduced or no jail time for Dr. Golb, but that will be for the NY Supreme Court to decide, as the case has been remitted to them for resentencing:

Accordingly, the order of the Appellate Division should be modified by vacating the convictions for Counts 2, 3, 5, 23, 29, 40, 42, 44, 48, and 51, dismissing those counts of the indictment, and remitting to Supreme Court for resentencing, and, as so modified, affirmed. [emphasis mine]

Keep in mind, however, that while the now vacated felony count carried a sentence of six months and 5 years probation, the misdemeanor counts also carried three month prison sentences and three years probation of their own. So there is a chance that Dr. Golb’s prison sentence may be reduced, but as 19 misdemeanor counts were affirmed, he could still serve time.

(For a list of convictions that were earlier upheld by the Appellate Division, see my earlier post from Jan. 29, 2013 here.)

Reaction

I offered an initial response when Dr. Golb was initially sentenced. I’ll add only the following:

For all those involved, this has been a grueling time. At the end of the day, Dr. Golb has been found guilty on 19 counts in a truly groundbreaking cybercrime case, which I’m sure many future cases will reference.

Raphael Golb is not only an internet troll, but he’s also a criminal and now a convict. A jury of his peers, the NY Appellate Division, and now the NY Court of Appeals have all said so.

And while one might argue that sending pseudonymous letters to multiple supervisors containing speech that is intended to harass and “destroy the career prospects of a really nice guy” is not criminal harassment, it is difficult to argue that forgery and criminal impersonation are “protected” speech. That is where Dr. Golb’s actions became criminal, and that is what the court has upheld.

Throughout this ordeal, we also learned that Raphael Golb’s father, Dr. Norman Golb, not only knew about some of the activities of his son, but participated in informing them.

This is simply a sad case of academic pride run amok, and an example of the lengths to which some scholars will go to defame and injure those scholars who happen to disagree with their theories, including knowledgeably working with one’s children, who have created an army of internet sockpuppets to commit crimes against others.

While I don’t feel any better now that the NY Court of Appeals has determined that I wasn’t harassed (at least not “criminally”), I am satisfied that Dr. Golb was found guilty on multiple counts, and that both the Appellate Division and the NY Court of Appeals have affirmed these convictions.

I should like to think that this will be the end of this mess, but I’m certain that this saga will continue. Dr. Golb has already vowed further appeals all the way to the US Supreme Court if allowed. For now, I take satisfaction in knowing that the wheels of justice, however slow, have once again arrived at a correct decision, and will continue to do so.

DEVELOPING…

Audio of my interview on Iowa Public Radio’s “River to River” with Ben Kieffer

Dr. Robert Cargill in Qumran Cave 4. Photo by Yuval Peleg.

Dr. Robert Cargill in Qumran Cave 4. Photo by Yuval Peleg.

Yesterday, I was interviewed by Ben Kieffer on Iowa Public Radio‘s “River to River” show. Many thanks to Ben Kieffer for a great experience, and to Producer Emily Woodbury for setting it up and making me feel at home.

Description:

“On this edition of River to River, host Ben Kieffer sits down with University of Iowa archeologist and religious scholar, Robert Cargill. They discuss Cargill’s trip to Israel with UI students for an excavation of Tel Azekah, as well as his latest project – a six-part documentary called “Bible Secrets Revealed.” It begins airing this week on the History Channel, starting Wednesday November 13 at 9 p.m.”

Give the interview a listen.

And tune in to “Bible Secrets Revealed” on History tonight, Nov 13, 2013 at 10/9c. The series airs every Wednesday for the next six weeks.

Live tweet your comments and feedback with the hashtag #BibleSecretsRevealed.

For more, visit the official “Bible Secrets Revealed” website.

Dr. Robert Cargill will be the guest on the Ray Appleton Show on KMJ 580, Friday, May 20, 2011 at 1:00 PM

Ray Appleton Show KMJ 580 Fresno

Ray Appleton Show, KMJ 580 Fresno

I shall be the guest on the Ray Appleton Show on KMJ 580 at 1:00 PM on Friday, May 20, 2011 here in the northwest Fresno studio. Topics will include the Bible, religion, Christianity and Judaism, the Dead Sea Scrolls, Middle East politics, education, Fresno City College, and I’m guessing anything else Mr. Appleton wishes to discuss.

I am in town to give the commencement address at Fresno City College commencement ceremony this evening at 6:30 PM.

You can listen live at the KMJ Website.

“The world will be rid of Norman Golb when he dies” (and other highlights from Raphael Golb’s appeal)

After his arrest, Raphael Golb lied about sending emails he later claimed were "parody." Now, in the appeal of his conviction on 31 felony and misdemeanor counts of forgery, criminal impersonation, identity theft, aggravated harassment, and the unauthorized use of a computer, Dr. Golb is making more false statements. One must ask, at what point will he begin to resemble the main character in the famed tale of a boy who couldn't stop lying?

After his arrest, Raphael Golb lied about sending emails he later claimed were "parody." Now, in the appeal of his conviction on 31 felony and misdemeanor counts of forgery, criminal impersonation, identity theft, aggravated harassment, and the unauthorized use of a computer, Dr. Golb is making more false statements. One must ask, at what point will he begin to resemble the main character in the famed tale of a boy who couldn't stop lying?

As I was perusing Dr. Raphael Golb’s appeal of the 31 guilty verdicts against him in the case of the People of New York v. Raphael Golb (in case you missed it, Dr. Golb was found guilty of 31 felony and misdemeanor counts of identity theft, criminal impersonation, forgery, aggravated harassment, and the unauthorized use of a computer), I stumbled across this interesting claim on pages 69-70:

‘”And Cargill concluded a lecture at the Society of Biblical Literature by suggesting that “the world will be rid of Norman Golb when he
dies.”‘ (Appeal of guilty verdict in the case of the People of New York v. Raphael Golb, § Argument, IV, A)

I chuckled. I did so because I specifically remember this very issue coming up during my testimony when Dr. Golb’s defense attorney, Ron Kuby, cross-examined me. Before we examine whether or not the above statement is true, here is the transcript of the exchange from pages 763-768 of the corrected court transcripts of my cross-examination by Dr. Golb’s defense attorney, Ron Kuby:

Q (from Golb Defense Attorney Ron Kuby to Dr. Robert Cargill):  Earlier on cross-examination, Dr. Cargill, I made reference to a paper that you had prepared related to this case and your experiences. Do you recall this?
A (Dr. Robert Cargill to Golb Defense Attorney Ron Kuby):  This is the paper to which you referred in November?
Q.  Yes.
A.  Yes, I think you mentioned that paper earlier.
Q. Is it fair to say that that was entitled “Scholars Behaving Badly?” It’s got a longer title to it but that’s part of it?
A.  That’s the principle portion before the colon title, yes.
Q.  And this was an exclusive to Archaeology magazine?
A.  I’ve never published in Archaeology magazine.
Q.  I’m sorry? Dr. Cargill, just take a look at the document marked page one, scan it silently to yourself if you please, and after you’ve satisfied yourself and you know what it is.
A.  (The witness complied.)
Q. What do you recognize that to be, sir?
A.  This is a document that I wrote for consideration of publication for Archaeology magazine?
Q.  So you sent it to Archaeology magazine for publication; is that correct?
A.  I was working with an editor there.
Q.  And did they publish it?
A.  No, sir.
Q.  Could you hand it back, please?
COURT CLERK:  And that is marked as?
MR. KUBY:  H-1.
Q.  And with respect to this article, you’ve delivered variations of this article in the form of a lecture; is that correct?
A.  I have not delivered variations. I’ve delivered one redacted variation of that article, the one that we’ve already described at SBL.
Q.  And this article, you wrote this article, right?
A.  Yes.
Q.  Did you end the article by saying, “Unfortunately the words of Shrine of the Book Curator, Magen Broshi, still appear to echo true today.” Quote “When will be we free of Golb? When he dies.” Close quote. You wrote that?
A.  I’m sorry?
Q.  You wrote that?
A.  Magen Broshi wrote that.
Q.  You were quoting Magen Broshi?
A.  In the initial draft, in the first draft of this article, I had a lot of things, and things that we ended up redacting out of the article thinking the article is too long.
Q.  But in the Society for Biblical Literature lecture that you gave on November 23rd, you included that portion in the speech that you gave, did you not?
A.  I do not recall.
Q.  You do not recall?
A.  Including that portion.
Q.  Well, we’ll hold that for now. Magen Broshi – you identified him in this article as the Shrine of the Book Curator, correct?
A.  I believe so.
Q.  And what is the Shrine of the Book?
A.  The Shrine of the Book is a building that contains many of the Dead Sea Scrolls. It’s a part of the Israel Museum in Jerusalem.
Q.  So it’s an important institution in your area of work?
A.  In my area of work, yes, it’s an important place.
Q.  And you were aware, were you not, that in an interview with the newspaper Ha’aretz, Magen Broshi said, “When will we be free of Golb? When he dies.”?
A.  I read that quote in Dr. Golb’s book. That’s when I learned of that quote.
Q.  And you saw fit to quote it in your papers, correct?
A.  No, I did not. I saw fit to include it in the original draft of the paper, which was later redacted from the paper. No one every publicly saw that.
Q.  Pardon me?
A.  No one ever publicly saw that.
Q.  I’m not asking you that question, you wrote those words, correct?
A.  I quoted Dr. Broshi in the early draft of a document that I wrote.
Q.  And when you say you included it in your paper, that is the portion that you had said, simply to quote, “Unfortunately Broshi’s words are still true,” you mean by that it’s unfortunate that you wouldn’t be rid Norman Golb sooner than his death?
A.  No, sir, that’s not what I meant.
Q.  Do you know how old Norman Golb is?
A.  I do not.
Q.  Do you have any idea?
A.  I would have to speculate.
Q.  Any notion of how long you have to wait to be free of him?
(District Attorney) MR. BANDLER: Objection.
THE COURT: Sustained.
Q.  You also wrote, did you not, that Norman Golb will, quote, “fight his litigious losing battle until the bitter end?”
A.  I’m sorry, are you quoting from a draft of a manuscript I wrote?
Q.  I am asking you if you wrote the following words?
A.  I don’t recall. I mean, we would have to see if it’s in a draft of a manuscript that was never published.
Q. Did you ever deliver those words to the Society of Biblical Literature on November 23rd?
A.  I don’t recall.
Q.  You don’t recall. Is this the kind of thing you would remember if you had done it?
A.  No.
Q. Because it’s so commonplace to attack Norman Golb, it just doesn’t ring a bell anymore?
THE COURT: That’s an extraordinarily large…  I will direct the jury to disregard it and the witness not to answer it.

In the above exchange, we find Dr. Golb’s defense attorney, Ron Kuby, doing his job: attempting to impugn my credibility to the jury. But it quickly became obvious to the judge and the jury that Mr. Kuby (or Dr. Golb, who many suspect did much of the “research” for his own defense) made a mistake. The defense mistakenly thought that I had read the draft article I had submitted to Archaeology as my 2009 SBL paper. They obviously had not attended the lecture or heard it, but simply assumed that I had read the draft article to the SBL session. At one point, they even bluffed and asked me if I wanted to hear a CD audio recording of the paper:

Q.  Now you lecture from time to time as well, is that correct?
A.  I do.
Q.  And one of the lectures that you gave was on November 23rd of last year, correct?
A.  Yes, sir.
Q.  The Society Biblical Literature is that where it took place?
A.  It was either ASOR or SBL, they meet together.
Q.  And you have sort of turned your experience with this case into a academic paper, haven’t you, if that’s an unfair characterization, please correct me.
A.  Yes, I wrote about, I think it’s safe to say I wrote about the proceedings of this matter, yes.
Q.  And you did it in what I’ll call a formal paper?
A.  I did it in a paper presented, I believe – and I’d have to check if I’m wrong – at the Society of Biblical Literature. It may have been ASOR but it might have been SBL.
Q.  And you published a review of this as well in the Archaeology Review as well?
A.  Of this paper? Not to my knowledge.
Q.  At the November 23rd lecture? And this lecture was before whom again?
A.  It was again to my recollection the Society of Biblical Literature, it was a session on online research. There are different sessions within the Society of Biblical Literature. You can give a lecture on the Books of Samuel, a lecture on the prophets, and they have one on technology and the use of research.
Q.  And in that lecture did you say the following, quote, “Despite Norman and Raphael’s many criticisms, the Dead Sea Scrolls exhibits were experiencing tremendous success and Norman Golb was still not being invited to speak at the museums lectures. Our patient vigilance had begun to payoff and the Golbs were experience increasing difficulty in getting out their message,” end quote?
A.  If it’s not word for word, that’s consistent with something that I said in the lecture.
Q.  Well, would you like to listen to a CD of that?
A.  Sure. No, but I guess you’re going to play it anyway.
Q.  No, I’m not.
(Court transcripts of the cross-examination of Robert Cargill, p. 759-760)

Golb’s defense attorney, Mr. Kuby, didn’t want to play the CD of my SBL paper because he didn’t have it. Had he actually been in possession of the conclusion of my 2009 SBL paper entitled, “Scholars Behaving Badly: ‘Charles Gadda,’ Raphael Golb, and the Campaign of Anonymity on the Internet to Promote Norman Golb and Smear His Rivals,” he’d have heard the following conclusion:

Finally, scholars should be reminded that they cannot force their legacies upon history; rather, our legacies are the product of a lifetime of research, instruction, publication, and collegiality. Today, scholars must collaborate and work together—within the parameters of peer review and professional conferences—and must not attempt to substitute these established practices with self-published articles and campaigns of online intimidation. The days of the old scholarly model of ripping your opponent’s position (and them personally) are over. Today, it is important for scholars to work cooperatively, with colleagues to bring about responsible scholarship. Because you must never forget: the island is always watching.

Thank you for your time.

Obviously, the conclusion of my SBL paper was different from the unpublished draft article that I had submitted to Archaeology. But that reality didn’t fit what Dr. Golb’s defense wanted to argue. So, he attempted to mislead the jury into thinking that I read the draft Archaeology article as my SBL paper, which was simply not the case. But, we see again that Dr. Golb’s defense team was not interested in the truth, or even the facts, but rather in continuing their attempt to smear me (and Dr. Schiffman) by simply making things up.

So, back to Dr. Golb’s appeal. There are ultimately two problems with the statement, “And Cargill concluded a lecture at the Society of Biblical Literature by suggesting that ‘the world will be rid of Norman Golb when he dies’,” in Dr. Golb’s appeal. First, Dr. Golb’s defense again intentionally misleads those unfortunate few interested enough in reading through the 111 pages of rehashed red herrings and irrelevant excuses presented in the appeal by failing to inform the reader that this statement is actually a quote from Shrine of the Book Curator, Dr. Magen Broshi, which he made to the newspaper, Ha’aretz, on October 4, 1991.

In fact, the defense counsel knew this, because they had not only asked me about it during my cross-examination, but had quoted it and properly attributed it to Dr. Broshi in their earlier Motion to Dismiss the charges against Dr. Golb, pages 4-5:

This suggestion was accompanied by widely reported defamatory statements, including the assertion by Magen Broshi, director of the Shrine of the Book museum in Jerusalem, that Norman Golb was a “revolting polemist, an opinionated trouble-maker” who had “filled the world with his filth,” and of whom “we will be free … when he dies.” (Haaretz, October 4, 1991.)

The defense counsel contradicts reality (and its own court filing!) by claiming in their appeal that *I* made the statement they themselves correctly attributed to Dr. Broshi earlier in their motion to dismiss.

Go figure.

Of course, what’s ironic about Dr. Broshi’s quote is that I would have never known about it had Dr. Golb not published it on page 230 of his own book, Who Wrote the Dead Sea Scrolls.

So Dr. Broshi said it. Dr. Golb repeated it on page 230 of his book. Dr. Golb’s defense team repeated the quote in their motion to dismiss, and specifically asked me about it during cross-examination. But according to Dr. Golb’s appeal, *I* made the quote.

I shake my head.

But, there’s another problem with the statement, “And Cargill concluded a lecture at the Society of Biblical Literature by suggesting that ‘the world will be rid of Norman Golb when he dies’,” in Dr. Golb’s appeal: I NEVER QUOTED THE QUOTE!

The defense mistakenly assumed that I had read from the draft of an article that I had written and sent to Archaeology for publication. However, we decided not to publish the article, which means no one ever read the draft of the article except me and the Archaeology editor, and apparently Mr. Kuby (who somehow managed to obtain a copy of the draft of the article). The defense was attempting to make me look bad by trying to argue that I read Dr. Broshi’s quote to a session at SBL. The only problem is, I didn’t use the line in my SBL paper! I told Dr. Golb’s defense counsel that I couldn’t recall using that line during cross-examination. Unfortunately for Dr. Golb’s defense counsel, I did not. But that didn’t stop the defense from attempting to tell the jury that I quoted the quote in my paper. And when the jury saw through Dr. Golb’s lies and found him guilty thirty-one times, it didn’t stop Dr. Golb’s defense from stating the flat out lie that I concluded my SBL paper with the words, “The world will be rid of Norman Golb when he dies.” It never happened, and yet, there it is in Dr. Golb’s appeal, presented as if it were fact. Simply amazing!

The defense is not only misleading the court (and the public by posting the appeal online anonymously), but it is also flat out lying when it claims in their appeal that I said something in a lecture that I did not.

Of course, in the end, it doesn’t really matter. Dr. Golb can make up whatever he wants in his appeal because it is “protected speech.” But the NY DA will simply point out that the appeal is full of lies and misstatements, and the appellate court will make the appropriate judgment.

But this just shows once again what we’ve come to expect from Dr. Golb and his defense team: the demonstrated, repeated willingness to mislead any who will listen, misrepresent facts, and flat out lie in a desperate attempt to blame someone – anyone! – for Dr. Golb’s own crimes.

UCLA Summer 2011 Course: Dead Sea Scrolls and Early Judaism with Dr. Robert R. Cargill

Course: Jewish Studies 170: Dead Sea Scrolls and Early Judaism
Instructor: Dr. Robert R. Cargill, UCLA
Date: Summer 2011, Block A (June 20 – July 29, 2011)
Time: MW – 12:00 to 2:15 pm
Room: Public Affairs 2270

Qumran Tower

The Reconstructed Tower at Qumran, facing southeast

Course Description:
This 4-unit course introduces the Dead Sea Scrolls and their relationship with early Jewish movements. The course will include extensive reading of the Scrolls in English translation (with discussion of some key Hebrew, Aramaic, and Greek words), an examination of the archaeology of the site of Qumran, and a survey of the broader sociopolitical context of Second Temple Judaism (586 BCE – 135 CE) out of which the scrolls emerged. The history of the discovery of the scrolls will be discussed, as will the interpretative methods used by scholars studying the scrolls over the past 60 years. The class will explore issues of Jewish sectarianism, canon and “scripture,” the role of the Temple, the place of the Torah, the re-writing of texts, interpretation of prophecy, messianic expectation(s), liturgy, and will compare and contrast the text of the scrolls with early Christian and Rabbinic texts.

The course makes extensive use of virtual reconstructions of the archaeological site of Qumran and digitized texts. Each lecture will be video cast on iTunes U and exams are taken online via CCLE/Moodle.

Please contact Prof. Robert R. Cargill at cargill@humnet.ucla.edu for more info.

Click here for a .pdf flier of the course. Click here for the registrar’s course information.

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