Editor’s Note: The criminal charges against the artist discussed in this article were dismissed, and the case sealed as of January 2021. The artist entered a guilty plea to a misdemeanor, which is a violation rather than a criminal conviction. This article has been updated accordingly. In a New York court hearing on January 22, artist TM, who was accused of domestic violence, admitted to assaulting and harassing his former girlfriend.
TM, originally from Basel, Switzerland, and now residing in New York and Zurich, became the subject of a legal case last October while participating in the group exhibition Life and Limbs at the Swiss Institute in New York. More than 50 artists, writers, and curators, including Francisco Goldman, Veronica Gonzalez Peña, Ivana Dizdar, Alice Centamore, Seung-Min Lee, and Max Maslansky, signed a “Letter of Concern” urging the Swiss Institute and curator Anna-Sophie Berger to address the allegations against TM.
TM was arrested in March 2019 for an incident that took place on December 2, 2018, facing five charges such as assault with intent to cause injury and harassment. He entered a “re-pleader agreement” today, pleading guilty to assault in the third degree and harassment in the second degree. This agreement allows him to join a rehabilitation program without serving prison time.
The New York Assistant District Attorney confirmed that the decision to settle on two charges was not due to insufficient evidence, but to offer TM a chance to take responsibility and seek rehabilitation. The ADA emphasized that the available evidence, including TM’s admissions and various statements, would support the original charges beyond a reasonable doubt. Nevertheless, the re-pleader provides TM the opportunity to reform and prevent further offenses.
As part of the agreement, TM is required to participate in a 26-week in-person batterers program in Basel, with regular sessions and progress updates sent to the DA’s office. He must also comply with a full and final order of protection. If TM fulfills all conditions, the assault charge will be dismissed, and he can replead to harassment in the second degree with time served and a final protective order.
