Coffee Shop Owner Destroyed Video Evidence in Sexual Assault Case, Judge Rules

Additionally, Burnam sent Ahamed a text message calling him a “f-g” and instructed him to “be gay but…less gay” during NYC Pride Parade Weekend.

BROOKLYN, NY – In a significant ruling this week, a federal judge found that Brian Burnam, owner of the hipster chain of Cotter Barber coffeeshops and barbershops in Greenpoint, deliberately destroyed video evidence related to a sexual assault lawsuit filed against him.

In 2019, Burnam hired 21-year-old Jude Ahamed to work as a barista at Cotter Barber. Over several weeks, Burnam repeatedly groped Ahamed during work hours, acts that were captured by the shop’s security cameras. Additionally, Burnam sent Ahamed a text message calling him a “f-g” and instructed him to “be gay but…less gay” during NYC Pride Parade Weekend. Following these incidents, Ahamed filed a lawsuit alleging sexual harassment under federal and New York City laws. As a result, by law, Burnam was required to preserve and turn over any evidence relevant to the case, include the video footage of the incidents in question.

For years, Burnam tried to dodge his legal requirement, offering a series of inconsistent and implausible explanations for the video’s supposed disappearance. In late June, a federal judge slammed Burnam for his misconduct. She held that Burnam had intentionally destroyed the video to prevent it from being used against him at trial, and as a result, the jury can assume the footage was incriminating.

It is rare in civil litigation for a court to make a finding as serious as evidence tampering. Burnam faces severe consequences: the judge ordered him to pay civil penalties, and the damning instruction is all but guaranteed to impact the jury’s verdict. The decision will provide powerful ammunition to future litigants who face unscrupulous defendants willing to break the law to evade justice.

The case, Ahamed v. 563 Manhattan Inc., et al, 19-CV-06388-EK-CLP, will proceed to a jury trial in the United States District Court for the Eastern District of New York on a date yet to be determined. The operative complaint can be found here and the recent order here.

Ahamed is represented by Zachary Liszka and Crumiller P.C.