A Manhattan Judge found an ex-Lehman Brothers exec accused of biting and kicking his estranged wife during a brawl last April at their swanky Upper West Side pad not guilty of attempted assault Friday.
After hearing closing arguments in the three-day trial, Justice Maxwell Wiley barely took a breath before rendering his verdict of not guilty on the top four charges against David Milberg stemming from a tussle over an iPhone at the $6.5 million home the feuding couple shared “War of the Roses”–style with their three kids.
“The sentence is an unconditional discharge and no order of protection – the current order of protection is vacated,” Wiley stated dryly in Manhattan Supreme Court.
Milberg, 50, wept and clapped with relief – inviting a stern rebuke from the judge – while relatives in the courtroom applauded and cried.
Wiley did find David guilty of the least serious charge – a harassment violation.
In an hour-long closing statement, defense lawyer Robert Gottlieb argued that Melinda Milberg, 50, is a melodramatic golddigger who goaded her husband into biting her after she’d swiped his iPhone to gain leverage in their multimillion-dollar divorce.
“ This entire case rests on the concocted injurious story that only Melinda Milberg would have the audacity to create and testify to on the witness stand, “ Gottlieb said. “She is a calculating, conniving unmitigated liar and habitual and chronic manipulator.”
He added, “Melinda Milberg, a mother, has used her own children as pawns in her warped scheme to hurt her husband.”
Gottlieb went on to outline numerous inconsistencies in Melinda’s story to police and prosecutors.
Manhattan Assistant DA Timothy Duda argued that Melinda was a devoted wife and mother whose only crime was demanding a split.
David was arrested at their West End Avenue home April 1 in front of his teen daughter Beverly.
Over David’s objections, the pair had split in January, and Melinda filed for divorce in March.
They agreed to take turns living with their three kids while the other stayed in a hotel. But in a move right out of 1989 movie “The War of the Roses,” David moved back into their posh apartment infuriating Melinda.
A series of arguments ensued that evening culminating in Melinda calling the police after the Princeton grad bit her arm in an attempt to reclaim his iPhone.
“The acquittals have exposed her to be a liar and will certainly hurt her in matrimonial court,” said Gottlieb of the verdict. “This is a major victory.”