Joseph & Norinsberg Files Another Sexual Assault Suit Against Former NJ Judge/Fox News Analyst Andrew Napolitano in New Jersey State Court

September 28, 2020 — New York, NY – Manhattan lawyers Bennitta L. Joseph and Jon L. Norinsberg of Joseph & Norinsberg LLC today filed a $15 million­­­­­ lawsuit for sexual assault and battery, in Sussex County Superior Court on behalf of their client, James Kruzelnick, against former New Jersey Superior Court Judge Andrew P. Napolitano, who currently serves as a senior judicial analyst for Fox News.

Mr. Kruzelnick is the second man to come forward and allege that he was sexually assaulted by Napolitano. The first was Charles Corbishley, who filed a lawsuit against Napolitano on September 11, 2020, alleging that he was forced to perform oral sex on Napolitano when he was 20 years old.

Napolitano Gropes Mr. Kruzelnick in a Restroom and Continues to Sexually Harass Him

The lawsuit alleges that Mr. Kruzelnick was a waiter at the Mohawk House in Sparta, New Jersey. Napolitano visited on Saturday nights beginning in 2014, developing a strong attraction for Mr. Kruzelnick and repeatedly asking for him to be his waiter. On a Saturday night in December 2014, Napolitano followed Mr. Kruzelnick into the bathroom and groped him from behind, telling him, “[y]ou are just so hot.” Mr. Kruzelnick was shocked and told him that he shouldn’t do things like that in a public place and that Napolitano shouldn’t touch him like that again.

Thereafter, the complaint asserts, Napolitano’s sexual harassment of Mr. Kruzelnick increased. Napolitano would tell Mr. Kruzelnick things that he would like to do to him sexually and ask him blunt sexual questions, which made Mr. Kruzelnick very uncomfortable. Mr. Kruzelnick had no interest in Napolitano, who was 20 years older, but Napolitano would not be deterred. Napolitano repeatedly expressed his romantic interest in Mr. Kruzelnick, telling him, “I am crazy about you,” “I am thinking about you,” and “I would love to see you soon”

Napolitano Forces Mr. Kruzelnick to Engage in a Bizarre Sexual Act

The complaint attests that after approximately nine months of Napolitano aggressively pursuing Mr. Kruzelnick, on or about September 6, 2015, Napolitano invited Mr. Kruzelnick to Napolitano’s house. While Mr. Kruzelnick was seated in the living room, waiting for a drink, Napolitano suddenly came into the room with his pants down and his penis erect. Napolitano said, “I am really into certain things,” and threw himself onto Mr. Kruzelnick’s lap, asking, “I want you to start slapping me really hard.” Napolitano demanded that Mr. Kruzelnick spank his exposed buttocks while Napolitano masturbated. Mr. Kruzelnick was repelled by Napolitano’s demand and told him so, but Napolitano shouted back: “just f**king do it!” Mr. Kruzelnick complied and spanked Napolitano while Napolitano masturbated. Napolitano demanded that Mr. Kruzelnick play the role of “daddy,” and call him “son” while he was being spanked, and then ejaculated onto one of Mr. Kruzelnick’s shoes. Mr. Kruzelnick quickly left Napolitano’s house in disgust.

Napolitano Relentlessly Pursues Mr. Kruzelnick and Promises to Help Him With Legal Troubles 

The complaint contends that Napolitano continued to relentlessly pursue Mr. Kruzelnick and from September to November 2015, Napolitano regularly showed up at the Mohawk House on weekends, acting as if everything was normal. In November 2015, Mr. Kruzelnick experienced gay bashing at work and asked Napolitano what his legal rights were. Napolitano boasted about the powerful and influential connections that he had, stating, “I have fixed cases and I have gotten people off. I have sent people away.”

The lawsuit maintains that when Mr. Kruzelnick went to Napolitano’s house on or about November 28, 2015, to discuss Mr. Kruzelnick’s legal matter. Napolitano told him, “If you do things for me, I’ll do things for you.” Napolitano made it clear that he wanted to play the spanking “game” again. Mr. Kruzelnick was repulsed but thought if he refused, Napolitano would withdraw his offer for help and tell his boss.

Napolitano Promises to Help Mr. Kruzelnick’s Brother if Mr. Kruzelnick “Cooperates” By Engaging in Additional Sexual Acts

The complaint alleges that in June 2016, when Mr. Kruzelnick asked Napolitano if he could refer him to an attorney to help his brother Dallas’s criminal case, Napolitano again told Mr. Kruzelnick that he had “fixed cases” before, had helped a lot of people and could certainly help his brother. Napolitano agreed to meet Mr. Kruzelnick’s brother before having dinner with Mr. Kruzelnick on June 24, 2016. Napolitano spoke briefly with Dallas, promising him that he would do everything in his power to help him, but only, “[i]f your brother gives me his full cooperation.”

The complaint declares that as his brother’s criminal case continued over the year, Napolitano extracted his end of the “bargain” multiple times, getting Mr. Kruzelnick to perform sexual acts that he found abhorrent and repulsive. Mr. Kruzelnick felt trapped, but needed Napolitano’s help.

The complaint alleges that Napolitano continued to exert psychological domination and control over Mr. Kruzelnick, dangling offers of assistance while making veiled threats of harm and extracting sexual favors.

The lawsuit states that during this same time period, Napolitano came to the Mohawk House with someone he said was an “intern from Fox News.” Napolitano invited Mr. Kruzelnick and the intern back to his home where Mr. Kruzelnick received a drink and shortly after, “felt extremely woozy as if he had been drugged.  He woke up hours later in Napolitano’s bed, with blurred memories of engaging in a sexual threesome with Napolitano and the Fox News intern.”

Napolitano Attempts to Rape and Sodomize Mr. Kruzelnick in August 2017

The complaint describes the final encounter between Napolitano and Mr. Kruzelnick on or about August 6, 2017, when Mr. Kruzelnick visited Napolitano’s farm to swim. While changing into a swimsuit, Napolitano violently attacked Mr. Kruzelnick, attempted to anally rape him, then tried to forcibly sodomize him. Napolitano eventually let go of Mr. Kruzelnick, who got dressed and fled. Napolitano’s final, violent attack on Mr. Kruzelnick devastated him and he told several people about Napolitano’s attempted rape.

“This is our second case for sexual assault and battery against Napolitano. We see a disturbing pattern emerging of Napolitano sexually assaulting much younger men and then using his power and influence to silence these victims. We hope that other potential victims who read about Napolitano’s abhorrent actions will have the courage to come forward and speak up,” said Bennitta L. Joseph, attorney for Mr. Kruzelnick.

Plaintiffs’ co-counsel Jon Norinsberg added, “Mr. Kruzelnick has suffered physical and emotional distress because of Judge Napolitano’s repulsive actions. It is also disturbing that Mr. Kruzelnick was reluctant to come forward because he felt as a gay man, no one would believe him.  Sexual assault is devasting and traumatizing, regardless of one’s sexual identity, and all victims of sexual assault should never be ashamed to come forward.”

About Joseph and Norinsberg LLP

The team of attorneys at Joseph and Norinsberg LLC are experienced, dedicated, and driven sexual harassment and employment discrimination lawyers. With over 200 cases tried collectively, they have an outstanding track record of success and have many seven figure verdicts and settlements on behalf of their clients.  The firm works tirelessly for every client, to ensure their stories are heard, their claims of sexual harassment are proven and the individuals responsible are held accountable. At Joseph & Norinsberg LLC, we give a voice to the voiceless, empower the powerless and demand equal protections under the law to make certain their clients receive true justice. Visit https://employeejustice.com or call 212 JUSTICE (212-587-8423) for more information.