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01.28.18

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PROTECTING THE SHIELD

A USA TODAY NETWORK INVESTIGATION

THE COST OF BAD COPS

Killed. Beaten. Stalked. More than 200 residents across the state have been victimized in
recent years by out-of-control rogue cops. In many cases, the cops kept their jobs, even
got promoted – while tens of millions of your tax dollars kept the abuses quiet. Until now.

Andrew Ford, Kala Kachmar and Paul D’Ambrosio

Asbury Park Press | USA TODAY NETWORK - NEW JERSEY

New Jersey governments across the state, from the smallest towns to some of Philip Seidle, killer cop:
the largest cities, have spent more than $42 million this decade to cover up Ex-wife ‘did not become
deaths, physical abuses and sexual misconduct at the hands of bad a victim until I killed her’
cops. h The abuse of police power has left a staggering toll: at least 19 dead; 131
Andrew Ford Asbury Park Press
injured; seven sexual misconducts, plus dozens of other offenses ranging from
First of two parts. Visit www.APP.com to see
false arrest to harassment, a two-year investigation by the Asbury Park Press videos and an interactive 360-degree recrea-
found. h The damage is concealed by government officials who use a veil of tion of the shooting, and hear Philip Seidle
speak from prison.
See BAD COPS, Page 2A Philip Seidle hates being called a “killer cop.”
The former Neptune police sergeant spends
MORE ONLINE: Visit APP.com/theshield to see a video of the Jersey City accident his days mostly alone, locked in a maximum-
and to read the entire “Protecting the Shield” series. security cell at New Jersey State Prison in
Trenton, the facility for the state’s toughest in-
Images from video taken by a bystander show police kicking Miguel Feliz — an innocent mates.
victim caught in mayhem following a police chase of someone else — after a car crash in “It is true I killed and I was a police officer,”
Jersey City on June 4. Seidle wrote in an online message to the As-
bury Park Press following a November court

See SEIDLE, Page 4A

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2A ❚ SUNDAY, JANUARY 28, 2018 ❚ ASBURY PARK PRESS e

TODAY IN HISTORY
Today is Sunday, Jan. 28, the 28th day of 2018. There
are 337 days left in the year.
On this date in:
Bad cops
1956: Elvis Presley made his first national TV appear- Continued from Page 1A
ance on “Stage Show,” a CBS program hosted by
Tommy and Jimmy Dorsey. secret settlements and nondisclo-
sure agreements to silence victims.
1973: A cease-fire officially went into effect in the
Investigations of rogue cops are
Vietnam War, a day after the signing of the Paris
routinely hidden from the public by
Peace Accords by the United States, North Vietnam
police, elected officials and even
and South Vietnam.
the courts.
1986: The space shuttle Challenger exploded after The secretive payouts that keep
liftoff from Cape Canaveral, killing all seven crew abuses quiet are a vital part of a
members, including schoolteacher Christa McAuliffe. system that enables bad cops to do
their worst. The secrecy starts at
the police department and rises
through the highest levels of gov-
ernment. Some of the state’s larg-
LOTTERIES est cities and insurance carriers re-
fused to release government docu- Lawyer Daniel Wels, left, with his client, MD Khan, who was a violent
SATURDAY, JAN. 27 FRIDAY, JAN. 26 ments that are at the core of the police officer in Jersey City. PHOTO COURTESY OF NJ.COM
NEW JERSEY NEW JERSEY rogue cop problem.
Midday Pick-3: 212 Midday Pick-3: 765 But the tens of millions of dollars
Straight: $151 Straight: $270 paid to settle hundreds of legal
Box: $50 Box: $45 claims are not the worst part. Summary of payouts, 2010-2017
Pair: $15 Pair: $27 Many of the bad cops remain on Here are the total settlement payouts uncovered by the Asbury Park Press
Midday Pick-4: 6913 Midday Pick-4: 4698 the street. during its investigation of police activities. In cases where there are multiple
Straight: $3,051.50 Straight: $3,526.50 The Press investigation found plaintiffs for the same allegation, the number of suits would be noted as just
one. The civil suit reasons are drawn from the legal claims. No admission of
Box: $127; Pair: $30.50 Box: $146.50; Pair: $35 that several towns knew of their
wrongdoing was made by the municipality or state agency in the cases.
Evening Pick-3: 925 Evening Pick-3: 001 bad cops’ propensity towards vio-
Straight: $197 Straight: $286 lence yet ignored multiple warning
Box: $32.50 Box: $95 signs until the cops crossed the line Type of injury Payout Suits
Pair: $19.50 Pair: $28.50 by injuring or killing innocent peo- Bodily Injury $20,099,294 131
Evening Pick-4: 1187 Evening Pick-4: 6065 ple. Death $10,800,715 19
Straight: $2,038 Straight: $3,336 Meet Jersey City’s MD Khan, a
Whistleblower $3,615,000 3
Box: $169.50; Pair: $20 Box: $278; Pair: $0 violent cop.
Jersey Cash 5: 14, 29, Jersey Cash 5: 4, 7, 8, In February 2016, Khan was ar- Civil Rights Violations $2,552,144 18
33, 40, 41; Xtra: 2 18, 33; Xtra: 2 rested on charges of punching his Not Stated $1,768,349 26
5 of 5 pays $0 5 of 5 pays $0 brother-in-law in the face, causing Sex Case $1,400,000 4
4 of 5 pays $792 4 of 5 pays $509 “serious facial injuries and a possi-
3 of 5 pays $19 3 of 5 pays $12 ble fractured” eye socket and jaw, False Arrest $943,693 18
NEW YORK NEW YORK and threatening to shoot him, a po- Discrimination $685,000 3
Midday Daily: 724 Midday Daily: 225 lice report stated. Unlawful Search $267,726 7
Lucky Sum: 13 Lucky Sum: 9 Khan brushed off the criminal
Malicious Prosecution $225,967 2
Midday WinFour: 4981 Midday WinFour: 2261 charges as a grand jury dismissed
Lucky Sum: 22 Lucky Sum: 11 the claims. His only punishment: a Harassment $181,000 4
Evening Daily: 432 Evening Daily: 186 40-day police department suspen- Excessive Force $112,500 2
Lucky Sum: 9 Lucky Sum: 15 sion. After that, the officer returned
Violation Of Right To Privacy $63,623 1
Evening WinFour: 3419 Evening WinFour: 8964 to the streets, armed with a weapon
Lucky Sum: 17 Lucky Sum: 27 and the full force of the law. Racial Profiling $59,500 5
Lotto: Late drawing Take-5: 6, 14, 18, 22, 28 Khan’s suspension didn’t pre- Grand Total $42,774,512 243
Take-5: Late drawing Pick 10: 2, 3, 8, 16, 18, vent more violence. During a car
Pick 10: Late drawing 20, 33, 39, 46, 49, 52, 54, chase that could have been a scene
PENNSYLVANIA 55, 60, 62, 66, 69, 75, 76, from an action movie, Khan shot at Sum of Count of
Local police
Civil suit claim settlement settlement
Pick 2 Day: 79 79 a suspect fleeing in a vehicle and agency
/judgement /judgement
Pick 3 Day: 806 PENNSYLVANIA then pursued the car through the
Pick 4 Day: 0025 Pick 2 Day: 67 streets of Jersey City, according to Berkeley Bodily Injury $110,000 1
Pick 5 Day: 10615 Pick 3 Day: 401 criminal charges filed against him. Brick Harassment $36,000 1
Treasure Hunt: 3, 10, 12, Pick 4 Day: 3137 The June 4, 2017, chase ended Freehold False Arrest $97,592 1
14, 17 Pick 5 Day: 92361 tragically for Miguel Feliz, 28, an in-
Pick 2 Evening: 99 Treasure Hunt: 1, 7, 18, nocent victim caught in the may- Freehold Borough Bodily Injury $150,000 1
Pick 3 Evening: 018 22, 26 hem. Civil Rights Violations $7,500 1
Pick 4 Evening: 7235 Pick 2 Evening: 38 The father of a 6-year-old was Total $157,500 2
Pick 5 Evening: 94879 Pick 3 Evening: 936 driving home from his Peapod gro-
Harvey Cedars Bodily Injury $22,000 1
Cash 5: 4, 16, 19, 33, 42 Pick 4 Evening: 3159 cery delivery job when the suspect
Match 6: 12, 14, 18, 19, Pick 5 Evening: 96343 ran Feliz’s aging Toyota off the road. Howell Bodily Injury $67,272 1
36, 40 Cash 5: 7, 8, 17, 34, 41 The car burst into flames after Death $350,000 1
MULTISTATE Match 6: 7, 8, 11, 37, 45, slamming into a utility pole. Total $417,272 2
Powerball: Late drawing 48 With his clothing on fire and
MULTISTATE choking on the acrid smoke, Feliz Jackson Bodily Injury $95,000 1
Mega Millions: 10, 16, needed help from the police. Keansburg Not Stated $22,500 1
27, 38, 43; Mega Ball: 1 He got Khan. Lakewood Bodily Injury $40,000 1
Khan and another officer kicked
Harassment $55,000 1
Feliz as he laid burning on the
ground. Feliz was struck in the face, Total $95,000 2
Correction policy a cellphone video shot by a passer- Neptune Discrimination $660,000
by showed. Months later, both offi- Seaside Heights Bodily Injury $115,000 6
The Asbury Park Press is committed to fairness and cers were indicted on aggravated
accuracy and corrects its mistakes ungrudgingly. To assault charges. The officers have Stafford Bodily Injury $13,750 1
request a correction, please call Tamara Wilder (732- pleaded not guilty. Tuckerton Bodily Injury $15,000 1
643-4200) during the day on weekdays. For Sports “I thought they were there to West Long Branch Whistleblower $1,521,000 1
corrections, please call Steve Feitl (732-643-4227). help,” Feliz said weeks after the in-
Grand Total $3,377,614 23
cident, healing from four broken
ribs – inflicted by police, he says –
and multiple burns. Source: Asbury Park Press research USA TODAY NETWORK
“But obviously not.”
In another state, Khan’s first ar-
rest would likely have been his last less than one half of 1 percent – 226 tence.
day as a police officer. In Florida, – resulted in an officer being ❚ A well-known violent cop
conduct involving an assault can charged with a crime, the Press beats a suspect on camera —
Asbury Park Press CIRCULATION & cost a police officer’s license to en- found. Of those defendants, 90 Bloomfield police officer Orlando
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fairs complaints filed since 2011, He’s serving a 30-year prison sen- See PROBLEMS, Page 3A

Problems
Continued from Page 2A
least two lawsuits. The city refused to
provide the Press with the settlement
amounts. But the case raised the ire of a
federal judge in one decision who called
Jaques “short-fused” and “volatile.” He
retired on disability in August, at an an-
nual salary of $101,620, the Press found.
Another city officer, Sterling Wheaten,
has been the subject of at least 15 inter-
nal affairs complaints and the city pay-
ing $4.5 million to settle five lawsuits,
according to media reports. No admis-
sion of wrongdoing was made in the set-
tlements and Wheaten remains on the
force at a salary of $108,548.
❚ The $1.8 million cop — Battling a
problem cop can be extraordinarily ex-
pensive. Taxpayers spent at least $1.8
million in a 9-year effort to fire Manuel
Avila, a Paterson patrolman with a his-
tory of mental health trouble accused of
sexual assault but acquitted at trial. Al-
though not convicted of being a violent
cop, the city put Avila on paid suspen-
sion that ultimately cost at least
$940,000. The city also agreed to a
$710,000 settlement with the woman,
plus at least $92,000 in legal fees. In a
settlement with the officer, the city
agreed to dismiss disciplinary charges
against Avila if he decided to resign. The
agreement allowed him to collect
$85,134 for unused sick and vacation
time. He is now trying to get a $72,000
annual pension, which would include
credit for six years while he was sus-
pended.
In the Atlantic City case involving the
“short-fused” Jaques, the Press found in
court documents that Jaques was inves-
tigated by his uncle. Jaques remained on
the force for another 10 years, leading to
more lawsuits from civilians.
The quality of internal affairs reviews
meant to root out rogue cops “comes
down to one person – whoever is doing
the investigation,” said Rich Rivera, a
former West New York police officer.
For the last 20 years, Rivera has re-
viewed internal affairs investigations,
police use-of-force reports in lawsuits
and consulted with police departments.
“Because the entire process is secret, we
typically don’t know what the contents
of the investigation were, and whether
they were properly done or not,” he said.
While on the police force in the
mid-1990s, Rivera worked undercover
with the FBI to help put corrupt cops
from his department in jail.
Internal affairs reports frequently
show inadequate investigations and
conclusions, Rivera said of the more
than 900 IA files he has reviewed. Com-
mon problems included police investiga-
tors: failing to interview eyewitnesses;
ruling a complaint “unfounded” if the in-
vestigator was unable to reach the vic-
tim; and failing to interview more than
one officer, even if there were several at
the scene.
“We don’t see too many consequences
for bad police officers,” Rivera said. “The
consequences are (for) those in the com-
munity – people being harmed, people
being falsely accused of crimes, people
being sent to prison who might not have
been sent to prison if IA was working
properly.”
Claims of abuses affected depart-
ments regardless of size, the Press’ in-
vestigation found. For example, the tiny
borough of Absecon in Atlantic County,
population 8,300, paid $2 million to set-
tle a 2012 wrongful death case while
Newark, population 280,000, settled a
bodily injury case for $2 million.
Patrick Colligan, president of the
state Police Benevolent Association that
represents nearly all 33,000 police offi-
cers in the state, said he doesn’t dispute
there were problem officers in the past,
but today, with many cops being
watched with cameras mounted on pa-
trol cars or worn by officers, there is a
constant oversight.
However, not all departments – until
recently including Jersey City – use such
monitoring devices.
Substandard police officers leave the
force “close to every day in this state,”
Colligan said. “Many you don’t hear
about, and it shows the departments are
doing what they should be doing. … In
2017, there’s nobody tolerating illicit or il-
legal activity.”
The financial toll
Injury, suit, settlement, silence. Re-
peat.
The more than $42.7 million of tax-
payer money government officials have
spent to hush hundreds of allegations of
police abuse are enough to fund the edu-
cation of 2,800 New Jersey school chil-
dren this year.
In scores of lawsuits, the pattern is the
same. Towns routinely take the path of
least resistance, at taxpayer expense, to
minimize their liability when they face a
claim one of their cops violated, hurt or
killed someone. Millions of taxpayer dol-
lars are spent, nobody admits wrongdo-
ing and officers accused of misconduct
often remain in place.
Of the 531 officers named in suits al-
leging abuses, at least 231 remain on the
PROTECTING THE SHIELD
Miguel Feliz said he was kicked and punched in the face by police officers as his
clothes were burning after a car crash in Jersey City. STAFF PHOTO
Rich Rivera, a former West New York police officer: “We don’t see too many
consequences for bad police officers.” KALA KACHMAR/STAFF PHOTO
job after their employer settled with their
accusers, a Press review of employment
records found. Many others normally re-
tired years after an allegation.
From a budgetary view, most towns
usually feel no financial pain from a law-
suit. That reduces the incentive for
changing bad police behavior. A $1 mil-
lion court settlement against a small
town, for example, can be funded by doz-
ens of municipalities that pool resources
to form a joint insurance fund. The
payouts are not announced to the public
and the final amounts are usually hidden
in paperwork that the public never sees.
Often these lawsuits are settled be-
fore a jury can resolve the critical ques-
tion of facts – was excessive force used
or were the officer’s actions justified?
After a citizen files a lawsuit, lawyers
for both sides and the judge frequently
agree that police documents reviewed in
the case will be kept secret, preventing
public scrutiny of an officer’s history.
In the rare event a settlement comes
to light, town leaders echo the same talk-
ing points: Legal fees were mounting,
but little local tax money was spent to
close the case. No admission of wrong-
doing was made by the town or the indi-
viduals involved. Compared with the
specter of costly litigation, it’s much
cheaper to settle a lawsuit, they say.
“The system is geared to try to come
up with some sort of compromise,”
Ocean County Prosecutor Joseph Coro-
nato said. “I don’t think that you just
look at it and say, ‘Wait a minute, there
was a settlement here that shows there
was impropriety.’ A lot of times they
may say, ‘You know what, between all
the costs and the liabilities, the expo-
sure, this is better to move on instead of
fully litigating.’ The system is not drawn
that everybody can get a trial.”
Because every case is different, no
set amount determines if a settlement
was done to end legal fees or to prevent a
multimillion-dollar jury judgment. Of
the 243 cases the Network examined
from 2010 through 2017, the average set-
tlement payout was $178,000.
Some of the higher six-figure settle-
ments include:
❚ Homicide — Michael Anthony Bur-
ris’ family called for medical help after
he fell in 2010 in Millville. After refusing
medical attention, he became combat-
ive and police handcuffed Burris and
shackled him to a stretcher. Burris even-
tually suffocated. His death was ruled a
homicide, but no criminal charges were
filed. The town paid his family $875,000
in a settlement, but denied wrongdoing.
❚ A beating claim — Philip Dubose
settled for $500,000 after he claimed he
was punched, kicked and pepper
sprayed by Bridgeton officers in 2013.
Dubose cannot talk about the case to-
day. “We signed a confidentiality agree-
ment with the police department,” said
his lawyer, Alfonso Gambone. “We’re
not at liberty to discuss anything else on
that.” The city denied wrongdoing.
❚ Teens left in a freezing van — In
2011, five teenagers were locked in a Fort
Lee police van for 15 hours in below
freezing temperatures with no food, wa-
ter, bathroom or warm clothing, accord-
ing to two lawsuits filed by two of the
teens’ parents. In two separate settle-
ments, the teens each received
$120,000 from the borough. At least 11
officers named in the lawsuits are still
e APP.COM ❚ SUNDAY, JANUARY 28, 2018 ❚ 3A
employed by Fort Lee, and their salaries
range from $129,800 to $188,976. No ad-
mission of wrongdoing was made by
Fort Lee.
Police officials often say the plaintiffs
who file lawsuits against officers are
seeking easy money, and that police are
prevented from having their day in
court.
“It’s so costly to defend these cases,”
said Seaside Park Police Chief Francis
Larkin, whose resort town of 13 officers
has paid $3 million to settle police abuse
allegations since 2007 – an unusually
high payout figure for such a small de-
partment, the Press found. “There’s al-
ways been a hop-off point because of
the cost factor involved.”
“It’s a shame that money became
part of the whole formula because it
would be nice to go forward all the way
and show that there was no excessive
force used on the part of the officer,”
Larkin said. “That, I always thought that
there was something wrong with that.”
Seaside Park, though, did have its
day in court in 2007. A federal civil court
jury found two officers liable for falsify-
ing documents and one of the two liable
for using excessive force in the arrest of
three tourists. The four were eventually
paid $600,000 in the case.
One officer who was a defendant in
the civil trial, use-of-force training di-
rector James C. Citta, remained on the
force – and was later named in 11 more
lawsuits involved in the town’s payout
of $3 million. The suits were settled
without any admission of wrongdoing
from the borough or Citta. Citta retired
years later on a disability pension. Sev-
eral efforts to reach Citta were unsuc-
cessful.
Calls to end secrecy
Efforts for reforms are being made.
All police-involved deaths should be
investigated by the state Attorney Gen-
eral’s office, not a local prosecutor’s of-
fice, Lt. Gov. Sheila Oliver, a Democrat
from Essex County and the former
speaker of the Assembly, wrote in one of
her bills.
“I think that the public is deserving of
transparency,” she told the Press.
Families of victims must be assured
that there isn’t a coverup of “the circum-
stances of the death,” Oliver said. “I
think there is great interest in doing so-
cial justice reform and criminal justice
reform in this state.”
Tinton Falls voters took matters into
their own hands in 2017 by tossing out
their mayor, a former police chief. A ma-
jor issue in the campaign was once-se-
cret police payouts.
The newly elected mayor of Tinton
Falls rode the taxpayer outrage into of-
fice Nov. 7 after the Press exposed that
$1.1 million was paid to settle two police
whistleblower lawsuits.
Vito Perillo, 93, Tinton Falls’ new
mayor and a World War II veteran, de-
feated the incumbent, who was the
town’s police chief during the conduct
alleged in the $1.1 million settlements.
The former chief ’s son is a ranking offi-
cer on the police force. All government
payouts should be publicly announced,
Perillo said.
“If it’s legal, they should do it, they
should publicize it,” he said in December
about the settlements, after his elec-
tion.
However, invisibility remains the
norm in many municipalities. The in-
surance carrier for many towns refused
the Press’ legal open records requests.
And in court documents, many court
records did not contain settlement
amounts.
Open records advocate John Paff,
chairman of the New Jersey Libertarian
Party’s Open Government Project, rou-
tinely blogs about settlements he’s able
to get from towns.
“What I’m hoping is it brings people
to realize that maybe we need to funda-
mentally change the way we view things
and concepts like employee privacy,”
Paff said. “Because the taxpayer seems
to be left completely out of the picture.
They’re just the people who are sup-
posed to pay the bills and not ask any
questions.”
One law the Legislature and governor
can pass is a requirement that all settle-
ment agreements be publicized before
they are signed by government officials.
“How are you supposed to have con-
fidence in a system you can’t see work?”
Paff said. “It’s just, ‘trust us; we’ve got
this under control. You have to trust
we’re investigating ourselves in secret,
and you need to believe we’re doing the
best job for you.’ ”
State Sen. Loretta Weinberg, D-Ber-
gen, described opposition she faced
from municipal officials when pursuing
more open access to government.
“I’ve found almost universally this
apoplectic reaction if you mention the
words ‘open public records’ or ‘Open
Public Meetings Act,’ ” she said.
“Where it involves public funds, I do
not believe there should be a nondisclo-
sure agreement because this is not
somebody’s money from their wallet,
this is from the taxpayers,” she said.
A judge is sometimes the final arbiter
of openness. The Press has sued Nep-
tune to force the township to release its
682-page, 20-year-long internal affairs
file on Philip Seidle, the police sergeant
who shot his ex-wife to death in the
middle of an Asbury Park street in 2015.
The township is fighting to keep the file
secret, citing a state attorney general di-
rective on confidentiality and the fear
that all internal affairs records would be
open to the public if the Press wins the
case.
Departing Attorney General Christo-
pher Porrino declined to comment after
being presented with the Press’ find-
ings. He left office Jan. 16 when the new
governor was sworn in. Gov. Phil Mur-
phy’s transition spokesman said the
Press’ investigation findings were
shared with Murphy’s attorney general,
Gurbir S. Grewal.
Fire and police
Flaws in police oversight are personal
for Miguel Feliz.
Weeks after the encounter with Jer-
sey City’s police, he winced as he peeled
back white bandages to show the pink
and red burns covering his arms.
His ordeal started on the evening of
June 4 as he drove home after a day deli-
vering groceries in Coney Island, New
York.
He was listening to reggaeton. He no-
ticed the police behind him.
Suddenly Feliz’s car was struck from
behind by the vehicle Jersey City police
were chasing. Feliz’s 1999 Toyota
slammed into a utility pole, power wires
fell on the hood and the car caught fire.
A bystander filmed on a cellphone as
four officers, including MD Khan, ap-
proached, with their guns drawn.
“Get down! Get down!” the officers
shouted. Two kicks, clearly shown on
the recording, immediately follow their
commands.
The police union representative said
that the officers were merely trying to
stamp out the flames.
“No way. No way. There’s no way. Im-
possible!” Feliz told the Press. “I had to
do all that myself.”
Feliz intends to sue Jersey City for
$25 million, according to a legal notice
he filed with the municipality.
Four Jersey City officers were indict-
ed following the incident, including two
charged with assaulting Feliz. They
have pleaded not guilty and remain on
the force, suspended without pay – ex-
cept for MD Khan.
Jersey City records show that Khan’s
termination had nothing to do with Fe-
liz.
Khan, a four-year veteran, was fired
over money cheated from the city and
his disciplinary record.
A vendor paid Khan $232 for off-duty
police work. The city said that was a vi-
olation of its rules, which require all
payments to go through the city. Khan’s
attorney declined to comment.
In the transaction, the city would
have taken a $32 administrative fee.
Is Khan an aberration among offi-
cers? Feliz thinks so.
“There’s good officers out there,” Feliz
said. “There really are. Just that some
are not.”
Contributing: Susanne Cervenka
and Alex Gecan
MONDAY: The fine line between
police brutality and proper use of
force.
4A ❚ SUNDAY, JANUARY 28, 2018 ❚ ASBURY PARK PRESS
Seidle
Continued from Page 1A
hearing in which a headline termed him
a “killer cop.”
That particular phrase chaffed him.
The term is “unnecessary,” Seidle wrote.
It “feels a bit like an attempt to dispar-
age me.”
Once entrusted with a badge and a
gun to protect the town he called home,
Seidle, 53, is no longer trusted with a
real pen.
In evenly spaced, all-capitalized let-
ters, Seidle wrote his life story on 27 yel-
low sheets of legal-size paper after be-
ing contacted by the Press in the sum-
mer to discuss his crime. The prison al-
lows him to write with a “flex pen” — a
crude ink tube with a rudimentary ball-
point used by inmates. The floppy writ-
ing tool is designed to not become a
weapon in lockup.
“I killed my wife, and the mother of
my children, the most horrific thing,”
Seidle wrote. “I destroyed my children’s
lives. What I did is absolutely unaccept-
able. I can’t forgive myself, and don’t
hold out any hope they ever will.”
Seidle also spoke exclusively to the
Press through phone calls facilitated by
his one-time mistress. They still tell
each other “I love you” on the calls.
Seidle said he doesn’t remember fa-
tally shooting his ex-wife, Tamara Wil-
son-Seidle on June 16, 2015, in the mid-
dle of an Asbury Park street, in front of
their 7-year-old daughter.
“I just think I had a mental break-
down. I just – because of all the stress
that I was under and the anger that I
had,” Seidle said. “I just blacked out that
day.”
Signs of domestic problems in the
Seidle home were long known to Sei-
dle’s colleagues, his supervisors, his
chief, neighboring police departments,
and the Monmouth County Prosecutor’s
Office, documents and interviews show.
Seidle’s department grew concerned
enough to confiscate his service weapon
in 2012 and again in 2014. His .40-cali-
ber Glock, though, was returned to him.
It was the weapon he used to gun down
Tamara.
In his 22-year career, Seidle was the
subject of 26 internal affairs reports
conducted before the shooting.
His secret internal affairs file tops
600 pages.
The Press is suing Neptune to make
the file public. A judge could decide the
matter next month.
What is known is that police respon-
ded to at least nine domestic incidents
between the Seidles and 10 custody dis-
putes – with police providing an escort
during at least one custody confronta-
tion.
Seidle shared his psychologist’s
notes that detail the emotional devasta-
tion he said he felt during the custody
battle with his wife. Both Seidle and his
wife filed for domestic violence re-
straining orders, alleging past abuse.
This is a story about the two Phil Sei-
dles.
In the community, Seidle was known
as an upstanding officer – respected by
citizens, looked up to by colleagues, a
loving father of nine.
But beneath that public persona, Sei-
dle’s stress and frustration were no se-
cret to his colleagues and supervisors.
Both he and his wife made claims of do-
mestic violence.
Seidle denied claims that he abused
his ex-wife.
“Tamara did not become a victim un-
til I killed her that day,” he wrote.
‘I’m tired of it!’
The Seidles’ multiple domestic dis-
putes were handled by authorities as
isolated incidents, not looked at as a
continuing pattern, public police rec-
ords show.
The domestic issues caused Seidle to
be suspended from his department at
least twice and disarmed at least once,
records show. Seidle said he was also
disarmed a second time. He was sent by
his department for psychological review
at least three times.
Yet Seidle returned to duty, armed
and frustrated.
Tamara’s death at age 51 left their
nine children without parents, prompt-
ed a multimillion-dollar legal claim by
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PROTECTING THE SHIELD
Philip Seidle, with his gun to his head, in a standoff with police on June 16, 2015, on Sewell Avenue in Asbury Park.
PHOTO COURTESY OF SHENISE BELLAM
the kids and tainted the careers of two
responding officers.
Born in Munich, West Germany, Ta-
mara Wilson-Seidle often reminisced
about milking cows and wearing tradi-
tional dirndl dresses as a child, her obit-
uary said. She was a cheerleader and
Neptune High School homecoming
queen in 1982. She coached soccer. She
was a devout Catholic, serving as direc-
tor of religious education for the Mother
of Mercy Parish.
When Seidle was sentenced to 30
years in prison after pleading guilty to
aggravated manslaughter, their eldest
daughter described Tamara as “the soul
and the light” of their family.
Her killing shocked those in the com-
munity who knew Seidle as a police offi-
cer, a father of a large family, a teacher of
Catholic faith and a kids’ soccer coach.
Monmouth County Prosecutor Chris-
topher Gramiccioni said the killing
couldn’t have been anticipated. He is-
sued a report he touted as “comprehen-
sive and extensive.” But that report ex-
cluded the Seidle divorce and police es-
corts during their custody dispute, a
conflict that drove Seidle to kill.
Seidle said he began to unravel dur-
ing Tamara’s pursuit of child custody,
which he felt rose to criminal interfer-
ence. The day he killed her, he shouted
about his kids as he stood in the street
with his pistol to his head.
“I’m tired of it! I’m tired of it! I got nine
f------ kids she stole from me!” Seidle
ranted, all of it picked up on a police
dash camera recording.
Seidle said he was devastated by his
fraying relationship with his children
and the warming relationship between
Tamara’s new boyfriend and the Seidle
children.
“After two years of fighting for your
children, they don’t want to be with
you,” Seidle wrote in an online message.
“You continue trying, but nothing
works. Everyone acknowledges you’re
legally within your right to get them
back, but nothing gets done. Then after
31⁄2 years of crying and wanting just to be
a part of your children’s lives, to talk to
them, to see them, to know what’s going
on in their lives, to go to church, and do
the things you used to. Then one day you
find out they’ve been given away to
someone else. Perhaps you take it light-
ly? Maybe you think I’m exaggerating?
I’m not.
“You tell me Mr. Ford. Tell me that
isn’t enough to bring someone to vio-
lence? I’m not saying it’s right! I’m say-
ing nothing stirs violence like a child.
That’s all I’m saying. I want this narra-
tive of me being inherently violent to
stop. Period. I want this idea that I was
the one who needed to be stopped to
cease. Tamara should have been
stopped! Period. All I wanted was to
share in my children’s lives. If I had been
allowed to, I’d have been fine. It was my
right under every law on this earth, and I
shouldn’t have had to wait until she felt
like abiding by the law.”
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Neptune police Sgt. Philip Seidle is taken into custody after he shot his ex-wife
to death on Ridge Avenue in Asbury Park. ASBURY PARK PRESS FILE PHOTO
Seidle said he struggled to deal with
stress at home. He said he should have
been on medication, maybe an antide-
pressant or anti-anxiety drug. He
should have moved away from the situ-
ation with his ex-wife.
Seidle’s chief acknowledged investi-
gations uncovered “major problems”
with Seidle, according to a court docu-
ment.
One police internal affairs expert said
the repetitive domestic tensions be-
tween the Seidles should have sent
warning signs to his supervisors.
“Between the work issues and the
domestic violence complaints and the
911 calls to his house, someone, some-
one has to take the responsibility and
tying all that together and saying there’s
a significant concern,” said Michael
D’Angelo, a retired police captain who
served 23 years in South Miami Police
Department, including performing in-
ternal affairs duties, and now works as a
consultant on civil cases involving po-
lice.
A history of conflict
More than four years before the
shooting, Tamara filed for a domestic vi-
olence civil complaint and restraining
order, court documents provided by Sei-
dle show. She claimed Seidle put a gun
to her cheek, gave her a black eye and
kicked her stomach while pregnant. Sei-
dle said in an interview those allega-
tions were false. Tamara’s quest for a re-
straining order was denied.
Three years before the shooting, “on-
going domestic incidents” were dis-
cussed by a lieutenant in Neptune and a
sergeant in Tinton Falls when they han-
dled a confrontation between the Sei-
dles, according to a police report. Higher
ranking officers in both departments
were notified of the incident.
More than a year before the shooting,
Seidle filed for a domestic violence civil
complaint and restraining order of his
own. He claimed in court documents
that Tamara once threatened to kill him
after he declined to have sex with her,
she once threw items around their
house, she involved the police in per-
sonal matters to embarrass him and in
the past poked him in the chest and
face, pushed him and slapped him. His
restraining order wasn’t granted either.
Less than a year before the shooting,
Seidle tried to retire from the force in a
fit of frustration over friction with his
wife and his deteriorating relationship
with his children. He handed in his
badge and gun. But Seidle said his col-
leagues encouraged him to return. He
was put back on the job and rearmed.
Two months before the shooting,
Seidle filed a criminal complaint alleg-
ing that Tamara violated a judge’s cus-
tody order by preventing Seidle’s visits
and phone calls, the court document
shows.
Six days before the shooting, a letter
shows Bradley Beach Municipal Court
Judge Richard B. Thompson found no
probable cause for Seidle’s criminal
complaint, saying the issue was a civil
matter.
Then on the morning of June 16, 2015,
Seidle learned Tamara’s new boyfriend
had been spending time alone with the
Seidle children.
Seidle said he doesn’t remember
chasing Tamara’s car through the
streets of Asbury Park with his 7-year-
old daughter in his passenger seat. He
doesn’t remember running Tamara’s car
off the road in front of bewildered resi-
dents. He doesn’t remember firing 13
rounds at close range in two volleys two
minutes apart.
He does remember confronting his
ex-wife in a church parking lot.
Then he remembers staring at her
limp foot hanging through the shattered
glass of her car window.
“I realized I had shot her,” Seidle said.
Trouble from the start
Seidle was born to unmarried par-
ents in April 1964 in Philadelphia.
He wrote that he felt his father aban-
doned the family.
Seidle met his wife through a mutual
friend with whom he’d been stationed
during his service in the Navy.
They were both 26. They married in
August 1990, in St. Peter Claver Church
in Asbury Park, court documents show.
That’s about half a mile from where Sei-
dle shot Tamara.
Seidle was hired by Neptune Town-
ship Police Department in July 1993.
Within a year of his hire, the depart-
ment knew about Seidle’s trouble at
home. In March 1994, Seidle called Nep-
tune police after Tamara allegedly
threw a chair at him, according to a
prosecutor’s office report. But then, as it
would happen several more times in the
future, neither Seidle nor Tamara filed a
criminal complaint.
“You know, there were a lot of prob-
lems,” Seidle said in a prison phone call.
“But we didn’t believe in divorce and so
we stayed together.”
Bound by Catholic doctrine, the Sei-
dle marriage was a cycle of faith, sin and
reconciliation. For decades, there were
showdowns documented by police and
See TROUBLES, Page 5A

Troubles
Continued from Page 4A
later in court between the Seidles, with
each making allegations of domestic vi-
olence against the other.
Internal affairs expert D’Angelo re-
viewed the special report on the Seidle
shooting issued by Prosecutor Gramic-
cioni in 2016, a year after the shooting.
“Somewhere in here, there just reads
of a complete – I don’t know if it was a
conscious decision – but just a complete
disregard for her well-being,” D’Angelo
said.
Even Seidle acknowledged the re-
peated calls should have warranted fur-
ther scrutiny, though he contends that
his wife was lying to the police.
“The thing is that after all these com-
plaints someone should have stepped in
and done some kind of investigation
and said: what is going on here?” He
said.
Gramiccioni’s report underscores a
failing in New Jersey police policy.
“This review and analysis disclosed a
critical flaw in the domestic violence
policies and procedures that currently
exist statewide,” the report stated. The
report also raised concern with officers
who are the subject of numerous inter-
nal affairs complaints.
Gramiccioni’s report was produced
by his office after the New Jersey Attor-
ney General’s office found no conflict of
interest with the prosecutor’s office in-
vestigating. The report largely absolves
those who oversaw Seidle, including the
prosecutor’s office.
“While the law enforcement re-
sponse to this matter had its flaws in
some regard, none of them caused the
death of Tamara Seidle. Philip Seidle
did,” Gramiccioni said at his 2016 press
conference. “With hindsight being 20/
20, the unfortunate reality is that no al-
ternative or additional police action that
could have prevented Seidle from bru-
tally killing Tamara Seidle on that fate-
ful day in Asbury Park. It’s simply a
crime of passion that could not be antic-
ipated.”
Seidle wrote from prison that Gram-
iccioni was protecting his office from le-
gal liability.
“That declaration was for the civil
suit,” Seidle wrote. “And basically, their
investigation covered all of the allega-
tions made by my children in the suit.
They cleared themselves in a case
where they are my co-defendants. I
think there’s something wrong with
that, and cannot understand why the
Attorney General’s Office allowed it.”
In an interview, the prosecutor’s of-
fice limited its comments on Seidle,
pointing to the children’s lawsuit.
Many people surrounding the Seidles
didn’t respond or declined to comment,
including the attorney representing the
Seidle children in the lawsuit, the Sei-
dles’ pastor, the Catholic Diocese of
Trenton, the Seidles’ divorce attorneys,
the Neptune police chief and former po-
lice director.
Deteriorating marriage
Despite trouble at home, Seidle
worked his way up the police ranks,
eventually earning $140,000 a year as a
sergeant. He was the breadwinner, pro-
viding his family with a 2,286-square-
foot home with a large yard on a quiet
cul-de-sac in a recently-developed sub-
division.
Seidle worked in patrol, later as a de-
tective and as a sergeant.
He provided letters of support citi-
zens wrote on his behalf.
Seidle wrote often about his children.
He was there for each of the nine births,
he wrote. He coached sports, chaper-
oned class trips and attended their par-
ent-teacher conferences and religious
sacraments. Seidle’s younger half-
brother provided photos of Seidle with
his kids at a wrestling match, a soccer
game, in an ice cream shop.
“There were many good times,” Sei-
dle wrote. “To most people on the out-
side, we had the perfect family, because
we were always together. We did every-
thing as a family. … But the marriage was
dysfunctional.”
And his department knew about that
dysfunction.
In 2001, police responded to a
screaming match that escalated to Ta-
mara pushing Seidle, according to the
prosecutor’s report.
“Problems persisted, and worsened,”
Seidle wrote.
Tamara nearly died during the birth
of their seventh child and underwent
gall bladder surgery in 2002, Seidle
wrote. She lost her mother and father
within a year.
“She shut down and stopped tending
to her responsibilities,” Seidle wrote.
Their problems deepened, but still
they stuck it out.
“I grew impatient over the next cou-
ple years, and in the later part of 2004, I
had an extramarital affair,” Seidle wrote.
Seidle wrote that he believed Tamara
also had an affair.
They went to marital counseling.
Seidle considered a separation in
2006, he wrote, but Tamara was op-
PROTECTING THE SHIELD
Philip Seidle arrives in state Superior Court in Freehold for a hearing. Seidle said
he doesn’t remember fatally shooting his ex-wife, Tamara Wilson-Seidle in the
middle of an Asbury Park street, in front of their 7-year-old daughter.
THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
posed to it. Neptune police came to their
home in March that year for a verbal dis-
pute, according to the prosecutor’s re-
port.
“By April 2010, I’d decided to leave,”
Seidle wrote.
He planned to leave in January 2011,
wanting not to spoil the holidays. But in
October 2010, Tamara told him she had
breast cancer.
Seidle helped Tamara with her treat-
ment, feeding her, helping her in and out
of bed, to the toilet and shower, taking
her to surgeries and chemotherapy and
radiation treatments, he wrote.
But after an ordeal that might draw
couples closer together, the Seidles
grew further apart.
And then came more calls to the po-
lice.
Seidle began seeing Gloria Patricia
Chavarriaga.
Chavarriaga told Tinton Falls police
she suspected Tamara once flattened
four tires on Chavarriaga’s car because
of who Chavarriaga was dating, accord-
ing to a December 2011 report. But Ta-
mara denied it and Chavarriaga later
told police she wasn’t sure who caused
the damage.
Chavarriaga, 54, knew Seidle for
years professionally before they were
involved romantically, she told a report-
er. She was a single parent and Seidle
helped with her daughters. She admired
the way Seidle loved his children.
“They walk straight,” Chavarriaga
said of the children. “They are good
kids. That says a lot when children be-
have because obviously, someone is
teaching them the right thing.”
Seidle left Tamara in January 2012,
he wrote.
Then there were two reports of do-
mestic incidents involving Seidle in
January and February that year, accord-
ing to the prosecutor’s report.
In one incident, Neptune Township
police responded to a confrontation at
the Seidle home. Seidle said he showed
up to get a training document, the pros-
ecutor’s report shows the couple got into
an argument. When police arrived, Ta-
mara made allegations of past abuse
similar to claims she would make when
she filed for divorce and for a restraining
order. Seidle said these were lies.
Seidle said Tamara wanted to get
back at him.
“She wanted revenge for me leaving,”
he wrote. “She knew there were two
things important to me … my children
and my reputation. She wanted to take
away both of those things to hurt me the
way I had hurt her by leaving.”
Seidle was suspended for two days in
February 2012 because his department
believed he interfered with the police re-
sponse. Seidle said he was trying to
make sure proper protocol was followed.
Seidle was sent to a police psychologist.
Seidle was deemed unfit for duty.
He remained off duty until May 2012.
Tamara filed for divorce in June 2013,
claiming abuse. Seidle denied those
claims in court and interviews.
Tamara’s allegations were made in
publicly available documents that were
later obtained by the Press, but the
Monmouth County Prosecutor’s Office
ignored them in its final report.
Tamara sought sole custody of the
children. At the time, six were younger
than 18.
Seidle said the fight over child custo-
dy hurt him deeply.
“I couldn’t cope,” he wrote. “I couldn’t
sleep, I couldn’t concentrate. I suffered
from depression, anger, anxiety, high
blood pressure. I was a mess. My emo-
tional well-being spiraled out of con-
trol.”
Police reports show Neptune officers
acted as escorts for two incidents in-
volving the Seidles, including a custody
dispute.
But Gramiccioni’s report made no
mention of police escorts and set aside
the calls for custody disputes, saying
“they do not constitute incidents of do-
mestic violence.”
e APP.COM ❚ SUNDAY, JANUARY 28, 2018 ❚ 5A
Tamara Wilson-Seidle had divorced
Philip Seidle 20 days before she was
shot to death. FILE PHOTO
Seidle explained how the fight over
the children led to the ultimate tragedy.
“It went wrong from day one, from
the minute she was allowed to keep the
children away from me,” Seidle said.
“That’s where it went wrong. It was just
a continuum. There was a buildup and a
buildup and a buildup. … I love my chil-
dren, my children were everything to
me, they were my life. More than any-
thing in the world I cared about my chil-
dren and it was important for me to be a
father to them. I wanted to be the father
that I never had.”
Seidle provided notes from a psy-
chologist, Raymond Hanbury, who
counseled Seidle and documented his
struggle starting in 2012, after he was
found unfit for duty by a department
psychologist. Hanbury didn’t respond to
calls seeking comment.
“He does get emotional when he talks
about his lack of contact with the chil-
dren because Tammy makes it difficult,”
Hanbury wrote in an entry dated March
28, 2012.
Hanbury wrote in May 2014 that Sei-
dle’s issues with Tamara, the children
and the divorce appeared to be affecting
the officer’s performance at work. Han-
bury shared findings with another psy-
chologist, who worked for Seidle’s de-
partment, according to legal testimony
from current Neptune Police Chief
James Hunt.
“Divorce is finalized,” Hanbury wrote
in an entry two weeks before the killing.
“However, he was upset with Tammy
because she reportedly threw his per-
sonal items out. They include Navy pa-
pers, training certificates and personal
items that meant something to him.”
In an undated final entry, Hanbury
wrote: “On June 16, Phil shot his wife, fa-
tal, and was arrested. There were no in-
dications or signs of something like this
to happen. He denied in sessions that he
would do anything to jeopardize his be-
ing with the children, especially the
younger ones.”
Seidle dismissed the effectiveness of
the therapy.
“Sending me to counseling was
stitching up a wound week to week, to
have her rip it open every time,” Seidle
wrote.
The dispute over child custody led to
more police calls to the Seidle home, de-
partmental discipline for Seidle and ris-
ing tension between the Seidles.
“If they say that when you find out
someone’s cheating on you – your hus-
band or your wife is cheating on you, you
can be driven to violence – you can’t be
driven to violence when your children
are taken away from you and kept away
from you until the point where finally,
one day, you just snap?” Seidle asked.
Many knew of Seidle’s issues
Local law enforcement – from fellow
officers to the prosecutor’s office – were
long aware of problems in the Seidle
household.
Seidle said his colleagues knew of his
troubles.
Capt. Lawrence Fisher “was there for
me in every way during this whole or-
deal,” Seidle said. “He saw me crying
and things that went on with me emo-
tionally when nobody else was around.”
Fisher could not be reached for com-
ment
Seidle said department supervisors
knew of his problems.
“The line supervisors, they were all
aware,” Seidle said. “You know there
were times that I came to work late. I re-
ported late because I had to be, I was in
court. I had to be in court. And then just
all the police reports that I made. And I
spoke to them constantly.”
Over a period of two years, “my per-
formance suffered, and I received poor
evaluations for what was described as
poor decision making (lack of focus).”
Seidle’s chief knew.
Police Chief Hunt took over in Sep-
tember 2014 from Chief Robert Adams,
who retired. Neither could be reached
for comment.
In legal testimony, Hunt said he be-
came aware of Seidle’s issues before the
shooting.
“He didn’t disclose in depth that he
was having – it was kind of everyone
knew he was having problems,” Hunt
said.
Hunt said in the deposition: “Just
through our investigations into this and
internal affair investigation is where we
learned what the major problems were.”
Hunt described three issues with Sei-
dle at work: one in which he “screwed
up” with evidence, one in which he
“screwed up the readings” on a breatha-
lyzer test, causing the department to
dismiss a DWI case, and an incident in
which he argued with township police
officers who responded to a custody dis-
pute between him and Tamara.
For those issues, Seidle agreed that
he would take a 30-day suspension,
Hunt said in the deposition, spreading
that time off over one week per month
for six months.
The prosecutor’s report acknowl-
edged the incident in which Seidle ar-
gued with officers, and his suspension,
but didn’t mention the issue Seidle had
with evidence or the botched DWI case.
Punitive measures like suspensions
and disarmament compounded the
stress he was under, Seidle said. The
punishments hindered his ability to pay
child support, alimony and his own bills
because suspensions cut his six-figure
pay, he said. He said he leaned on Capt.
Fisher for sympathy and, at one point, to
pay the rent.
His department’s reactions didn’t ad-
dress the real problem, he said from
prison – stress related to his troubled
access to his children.
In one incident about 11 months be-
fore the shooting, Seidle approached
two of his children at their job at a snack
stand on the Ocean Grove boardwalk.
He said one of his daughters hadn’t been
returning his calls. He told the Press that
he told the 16-year-old he wanted her to
call him, and if she didn’t there would be
“consequences.”
The teen’s employer called police, ac-
cording to the prosecutor’s office report.
Seidle said he was called into Hunt’s
office to talk about the incident and the
chief told Seidle his daughter accused
Seidle of harassing her at her job. Seidle
felt the kids had been put up to this by
Tamara.
Seidle became frustrated.
So, he said he was retiring.
“I gave him my badge and my gun and
I told him, ‘That’s it, I’m going to resign
because I’m just fed up,’” Seidle said.
Afterward, he said he talked to two
colleagues, Capt. Fisher and Sgt. J.
Hunter Ellison. Ellison also couldn’t be
reached for comment.
“… They all tried to convince me not to
leave, they told me it wasn’t a good
idea,” Seidle said.
Seidle was cleared by a psychologist
after an evaluation in August 2014.
He returned and the department
gave him back his .40-caliber Glock.
Other departments knew
Trouble spread beyond Neptune.
In Tinton Falls one night in 2012, Ta-
mara admitted she had been drinking
and followed Seidle to the gym because
she thought he was headed to see his
mistress. Seidle called the police, she
left by the time they arrived and Seidle
declined to file a complaint.
The responding Tinton Falls officer
contacted Sgt. Doug McEntegart.
McEntegart spoke by phone with a Nep-
tune Township lieutenant, a police re-
port shows.
“He informed me that there has been
going domestic incidents with the Sei-
dles, and after a brief discussion on that,
I assured the lieutenant that a report for
harassment would be written docu-
menting the incident,” McEntegart
wrote.
Both McEntegart and the Neptune
lieutenant notified higher-ranking offi-
cers. McEntegart also briefed an assis-
tant Monmouth County prosecutor. In
an interview, First Assistant Prosecutor
Lori Linskey said this was a police offi-
cer asking for legal advice, which
doesn’t mean a case was opened by the
prosecutor’s office.
In Asbury Park the year before the
shooting, Seidle said he and Tamara got
into a custody dispute at Our Lady of
Mount Carmel, a church and school
where Seidle would later confront Ta-
mara the day she died.
See CUSTODY, Page 6A
6A ❚ SUNDAY, JANUARY 28, 2018 ❚ ASBURY PARK PRESS e

Custody armed after this incident. Seidle told the

Continued from Page 5A
The argument prompted an Asbury
Park police response, according to Sei-
dle. He provided a copy of a report show-
ing a custody dispute at the school on
the date Seidle claimed it happened,
though the report doesn’t name who
was involved in the dispute.
The city denied having access to doc-
uments involving the Seidles.
At least three times, the Seidle drama
reached as high as the Monmouth Coun-
ty Prosecutor’s Office, the top law-en-
forcement agency in the county.
In addition to being notified about the
Tinton Falls incident, the prosecutor’s
office was notified of the 2012 argument
at the Seidle home in which Tamara al-
leged past abuse and they signed off
when Seidle was later rearmed.
The prosecutor’s office was notified
of a 2014 incident in which Tamara re-
ported to police that Seidle was harass-
ing her, then Seidle “began screaming
profanities at the officers who respon-
ded,” according to the prosecutor’s re-
port.
Their report shows Seidle wasn’t dis-
Press that his gun was taken away again
around this time.
File kept secret
Neptune township officials refuse to
release documents showing what they
knew about Seidle’s problems and when
they knew it.
The township denied the Press ac-
cess to the 682-page internal affairs re-
port on Seidle on the grounds that it was
a confidential employee record. Seidle’s
internal affairs history was not released
in Gramiccioni’s report.
The Press sued, saying the public de-
serves to see the documents to examine
how Seidle’s case was handled by police
in the years leading up to the shooting.
In a Nov. 3 hearing, Monmouth Coun-
ty Assignment Judge Lisa P. Thornton
remarked on the number of internal af-
fairs incidents.
“As a lay person, it seems to me like an
excessive amount,” she said.
No date for a final decision has been
announced.
MONDAY: The killing and aftermath

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ASBURY PARK PRESS APP.COM

MONDAY 01.29.18
Asbury weighs
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beach, boardwalk
LOCAL, 3A

PROTECTING THE SHIELD

A USA TODAY NETWORK INVESTIGATION

PART OF THE USA TODAY NETWORK

A hazy line divides

police brutality,
proper use of force. Volunteers fix
Inside death by cop:
a crumbling
family home
‘PILE Atlantic Highlands man often
lends hand, but this was special

ON THE Carino’s Corner

Jerry Carino

RABBIT’
Asbury Park Press
USA TODAY NETWORK – N.J.

MIDDLETOWN – Kevin Garrison de- More

votes his life to random acts of kind-
ness. He hands out socks and other ne- online
This is a part of “Protecting The Shield,” a two-year Asbury Park Press investigation that probes
gaps in police accountability, which can harm citizens and cost New Jersey taxpayers millions of cessities to the homeless in Manhattan. Search
dollars. Visit APP.com for videos, a list of the deaths and to read the complete series. He volunteers at Monmouth County “Keyport
soup kitchens. He speaks to school as- teacher” at
semblies about service and fellowship. APP.com
Andrew Ford and Kala Kachmar Asbury Park Press | USA TODAY NETWORK – NEW JERSEY So when the Atlantic Highlands resi- to read
dent was asked to fix a broken window about
Police misconduct can take lives. h The Asbury Park Press identified at in the home of a struggling Middletown alumni who
family, he didn’t hesitate. came to-
least 19 wrongful death claims at the hands of police in the past 10 years. Then he showed up, and his jaw gether to
Following the usual pattern, these cases were settled before a jury could dropped. help an old
Officer “I went upstairs to fix the broken win- coach inu
Sean decide whether the force used was excessive. The settlements cost tax- dow, and it wasn’t one,” he said. “They need.
Richards were all broken.”
payers $10.8 million in those 19 cases. h In July, the state Supreme
pleaded The entire house was a wreck: walls Hattie
guilty to Court said the public has the right to see basic information when police pockmarked with holes, ruined furni- Hunter
simple ture, a broken dryer and a busted sink. talks about
assault in fill out official “use of force” reports, which are required when an officer There upstairs bathroom had no floor, her home’s
the death uses force against a citizen. But while the forms have to be filled out, the just scratched-up plywood. The kids — repairs
of Keith five teens who live with their great- with Kevin
Briscoe state Attorney General’s Office doesn’t track the data.. grandmother and a newborn baby — Garrison,
(top). were using matches to light a malfunc- who runs
See SHIELD, Page 4A tioning stove. Blessing
It was 50 degrees in the house, tops, Bag
because some of the “windows” were Brigade
nothing more than taped-on plastic. NJ, at her
“I left there and just didn’t feel good home on
about not doing anything,” Garrison Friday.
Philip Seidle: ‘I will walk out of these walls one day’ said. “Fixing one window was like put- TANYA
ting a Band-Aid on a knife wound.” BREEN/
Andrew Ford Asbury Park Press | USA TODAY NETWORK – NEW JERSEY So he put out a call for volunteers. STAFF PHOTO
Dozens answered, and the result was
Last of two parts. Part one on Sunday exposed how law enforcement knew of Seidle’s
marital strife. Today’s story provides never-before-reported details about the shooting, in- See CARINO, Page 2A
cluding statements from Seidle.

Imprisoned former Neptune police Sgt.
Philip Seidle insists he didn’t plan to kill his
ex-wife.
The morning of June 16, 2015, Seidle said
he drove past the family’s house while he
was off-duty. He had a few hours before he
had to report to work, and he was going to
take his girl to buy a dress for a father-
daughter dance on Father’s Day, Seidle told
the Asbury Park Press in a series of inter-
views from prison.
He was supposed to pick up their young-
est daughter at the family home on Heritage
Court, but she didn’t come outside. Ex-wife
Tamara Wilson-Seidle already was at work.
A congratulations banner was still over
the door. The family threw a party the week-
end before for two of the eldest children.
They were the first in Seidle’s lineage to
graduate from college.
See SEIDLE, Page 4A

MORE ONLINE: Visit www.APP.com/theshield to view videos and a 360-degree re-creation

of the shooting scene, hear audio of Philip Seidle from prison and to read the full story. Limited Time Specials for Our Readers:
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N.J. Republicans on edge for Trump speech Labor!

Bob Jordan
Asbury Park Press
USA TODAY NETWORK – NEW JERSEY
For the vulnerable members of New Jer-
sey’s Republican House delegation, the hope
that President Donald Trump can make good
on a promise that he’ll be “very much in-
volved’’ in trying to protect incumbents in the
November midterm election gets tested with
his State of the Union speech on Tuesday.
Republicans nationally fear that Trump’s
low approval rating will hurt re-election
prospects and are hopeful the president uses
the speech as a vehicle to connect with an au-
dience broader than his core of passionate See SPEECH, Page 2A
supporters.
In New Jersey, a less-divisive tone from
Trump could be a political lifeline to Repub-
licans in a currently dire situation. The GOP
holds five House seats here, four of which
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groups that track elections.
The Trump backlash in New Jersey esca-
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and gas drilling to the waters of nearly every
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4A ❚ MONDAY, JANUARY 29, 2018 ❚ ASBURY PARK PRESS e

PROTECTING THE SHIELD

Shield charges including a civil rights violation and official

Continued from Page 1A
An Asbury Park Press review of use of force reports
submitted to the attorney general found at least 58
people killed by New Jersey police since 2010. Nearly
always, the reports say those killed were attacking po-
lice.
Although each county prosecutor’s office collects
use of force reports, not all the reports are available or
even accurate. Moreover, no agency is required to ana-
lyze the data to find rogue cops.
Some prosecutor’s offices declined outright to pro-
vide use of force reports from recent years, even on
deadly encounters. Union County demanded $30,400
to produce about five years’ worth of reports.
Summary reports provided by the Monmouth
County Prosecutor’s Office show inconsistencies, an
issue County Prosecutor Christopher Gramiccioni said
his office was looking into before a reporter raised the
question. Still, the information is not analyzed for
trends or hotspots.
“We don’t do anything to the likes of that because
we’re not required to,” Gramiccioni said. “I don’t know
what we would do, if at all. It’s a piece of intelligence. A
piece of information.”
Police officials say injury, even death, to a civilian is
sometimes a tragic outcome of policing.
Officers are legally entitled to use reasonable force,
even deadly force, to subdue dangerous subjects.
Many videos across social media that appear to
show abuse are actually standard police practices that
permit the use of fists, feet, batons and the weight of
several officers to bring a subject resisting arrest under
control.
“We are the only field where everybody is an expert
in police policy and procedure because they watch a
TV show,” said Patrick Colligan, president of the New
Jersey State Police Benevolent Association. “If I
walked into a trading floor in New York City and told
them how to trade stocks or bonds, I’d be laughed out.
But there isn’t one single person on this planet that
isn’t an expert on police policy and procedure because
they watched NYPD Blue one night. And it’s often
wrong.”
Death at a Wawa
Keith Briscoe died from suffocation under the 500
pounds of a police pile-on. His death was ruled a homi-
cide and led to a $2.2 million wrongful death payout in
Winslow Township.
Briscoe spent his last morning as he did many
mornings, smoking a cigarette and drinking a soda
outside of a Wawa, before he walked down the street to
attend outpatient therapy for schizophrenia.
Winslow Patrolman Sean Richards spotted him on
May 3, 2010. Richards came to the convenience store
for a hot chocolate. Richards told the Press he saw
Briscoe panhandling. Stanley O. King, an attorney rep-
resenting Briscoe’s family, disputes Richards’ claim.
When Richards left the store, the officer confronted
and ultimately forcibly restrained Briscoe. Richards
said that Briscoe resisted arrest. But the family’s at-
torney contends pulling away was a manifestation of
Briscoe’s mental condition. No available records say
with certainty whether Briscoe was actually panhan-
dling.
Richards said Briscoe was about 6-feet-2-inches,
weighing 250 or 260lbs. Richards, who weighed 270
lbs., said Briscoe threw him around “like a wet rag.”
Monmouth County Prosecutor Christopher
Gramiccioni says his office is looking into
inconsistencies in use-of-force summary reports.
THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
According to Patrick Colligan, president of the New
Jersey State Police Benevolent Association: “We are
the only field where everybody is an expert in police
policy and procedure because they watch a TV
show.” ASBURY PARK PRESS FILE PHOTO
Other responding officers – including Richards’ broth-
er, Kevin – jumped in.
“It wasn’t like he was sitting up and somebody
kicked him in the ribs or anything like that,” Sean Rich-
ards said of the fight. “It was more like the old saying
‘pile on the rabbit until he stopped moving around.’ ”
Briscoe did stop moving.
“I guess during the course of being subdued, he
stopped breathing and went into cardiac arrest,
though we performed CPR on him until EMS arrived
and he was transported,” Richards said.
Briscoe was pronounced dead at a nearby hospital.
A medical examiner determined he died due to “posi-
tional asphyxia,” according to King.
“Meaning that when the body was on the ground,
with the weight of people on top of him, more or less,
stopped his breathing,” Richards said. “So, I guess if
you put 500 lbs. on your back and lay down, eventu-
ally, you can’t breathe.”
Richards said the medical examiner’s findings were
accurate.
“We had to do what we had to do to get him under
control,” he said.
‘Racial profiling’ pattern?
Richards said he faced the threat of criminal
misconduct. The prosecutor’s office told him they
could show a pattern of “racial profiling,” Richards
said, based on past internal affairs complaints against
him.
“I believe what they said is they can set a pattern
and argue a pattern like this, that I had a problem with
people of color,” Richards said.
He said he didn’t profile people. He believed he was
a political scapegoat.
Briscoe was a black man and Richards, who is
white, was the subject of another lawsuit alleging ex-
cessive force against a black man in 2008 which
prompted a $42,500 settlement.
In connection with Briscoe’s case, Richards said he
took a plea deal for simple assault, which is a disorder-
ly persons offense. The other charges were never filed.
Richards retired on an annual pension of $46,669
due to a disability caused in part, he claimed, by his
struggle with Briscoe.
Though he formally agreed to never work in public
safety again as part of his sentence, Richards is serv-
ing as a volunteer firefighter and fire commissioner in
nearby Beverly City.
‘An empty feeling’
Though he died in the morning, Briscoe’s relatives
were alerted to his death by a newspaper reporter that
evening, his mother said.
“Just felt like I was dead too,” Virgin Briscoe said.
“It’s just an empty feeling.”
Briscoe’s loved ones sought answers at the hospital
where Briscoe was taken in Berlin and at Winslow Po-
lice Department, but got little information, Ms. Briscoe
said.
“We were just left in the dark,” she said.
They called King and later sued the town, present-
ing a version of events that differ from what Richards
said.
Briscoe, 36, of Waterford, regularly visited a Wawa
near a facility where he sought mental health treat-
ment. The morning he died was like many others. His
mom gave him some money, he bent down and kissed
her.
“See you later, Ma,” she recalled him saying.
“Ok, love you,” she replied.
Briscoe went to the Wawa. Richards saw Briscoe
and said something like, “I want you to be gone by the
time I come out,” according to King.
“I guess he thought (Briscoe) was panhandling,”
King said.
Richards returned and asked Briscoe where he was
going, offering him a ride to the mental health facility,
according to King. Briscoe declined.
“Briscoe put his hands up in the air, backed up to the
wall and allegedly said that he was not going anywhere
with the cops,” according to the lawsuit.
Richards tried to arrest Briscoe, using force and
pepper spray. There was a struggle. Bystanders and
other responding officers jumped in to try to restrain
Briscoe.
“Unfortunately, once they got off of Mr. Briscoe, he
was dead,” King said.
For three years after his death, Virgin Briscoe said,
she would go to the Wawa and just sit there, near the
place her son died. She recalled how her son liked to
dance. He liked to play basketball, mentoring neigh-
borhood kids in the sport.
“I have an empty spot,” she said. “I lost a part of me.
He was my oldest child and my only son.”
TUESDAY: Hidden cop crime — sex with teen-
agers

Seidle ter dropped his youngest

daughter off at his home
on Walnut Street in Nep-
Continued from Page 1A tune. Seidle deduced that
a man had been spending
Seidle, though, was time with Tamara and the
suspicious of a car with children. He was at the
Georgia plates in the graduation party.
driveway. He jotted down “Then all of this start-
the license plate number. ed just hitting me,” Seidle
He assumed it was her said. “That was where the
boyfriend. emotion started spiraling
He called his ex-wife. out of control.”
“Whose car is that in Seidle left his home
the driveway?” he asked. with his 7-year-old
“None of your busi- daughter and his gun
ness,” he recalled Tamara belt. The off-duty 6-
saying. foot-4, 230-pound police
“It is my business. If sergeant was dressed in a
this guy is living there, peach polo shirt, navy
that’s a problem,” Seidle shorts and brown sandals
said. on the sunny day.
He said she wasn’t He called Tamara as he
supposed to have some- was walking out of his
one living there if he’s home.
paying alimony. And he “Is this guy living
was concerned about an- there?” He asked.
other man around their She was busy and
children. couldn’t talk, Seidle re-
Seidle’s eldest daugh- called.
Tamara Wilson-Seidle had divorced Philip Seidle 20
days before she was shot to death. FILE PHOTO
“If he’s living there,
there’s going to be a
f------ problem,” Seidle
said.
“I’ve got to go,” Tamara
replied, he said. She told
Seidle that one of their
children would “have a
father with or without
you.”
Seidle was shocked
Seidle slid into an
emotional tailspin be-
cause her boyfriend was
being left alone with Sei-
dle’s kids, “taking over
the role of the father,” Sei-
dle said. He thought he
would never get his kids
back.
“I believed she was
jeopardizing my chil-
dren’s safety, as well as
my ability to repair my re-
lationship with them,” he
wrote.
He said he called Ta-
mara several times.
She texted him back:
“What do you want.”
and hung up the phone. Seidle cut off the high-
Tamara told her boy- way at Route 66 and
friend and her eldest drove to the church.
daughter that Seidle “She didn’t answer the
threatened to kill her, ac- phone,” Seidle said. “I
cording to grand jury tes- said ‘OK, well if she won’t
timony Seidle provided to answer the phone I’m
the Asbury Park Press. gonna go to the job and I’ll
Seidle said he drove up talk to her and get her to
Route 18 in his silver Hon- talk to me and see what’s
da Pilot, heading toward going on.’ ”
Monmouth Mall in Ea- He said he didn’t ex-
tontown. pect to find her in the
downhill from there,” Sei-
dle said. “I just blacked
out. Spiraled. My emo-
tions were — I just got
overloaded with the emo-
tions.”
He chased her west on
First Avenue, south on
Central and west on As-
bury Avenue, grand jury
testimony shows.
Meanwhile, respon-
ding to a fender bender on
the corner of Ridge and
Sewall avenues, Asbury
Park Patrol Officer Ah-
med Lawson followed the
routine procedures, ask-
ing for driver’s license, in-
surance and registration.
Then a car horn,
screeching tires. The two
Seidle cars tore around
the corner of Ridge Ave-
nue onto Sewall, nearly
hitting Lawson as he
jumped out of the way.
Seidle’s SUV smashed
into the rear of Tamara’s
black sedan, ramming it
into another parked car.
“Once he exited the ve-

Publication Date
DATEBOOK
Monday Tuesday Wednesday Thursday Rates:
He spoke to his daugh-
ter, who confirmed Ta-
mara’s boyfriend had
been staying at the house
parking lot. When he saw
her there, he thought they
would talk, but she pulled
away in her car.
hicle, he began shooting,”
Lawson told investiga-
tors.
The camera on Law-
Deadline Date Thursday, Friday, Monday, Tuesday, 1-5 times .....$60 for two weeks. “Everything just went son’s patrol car recorded
4:30 pm 4:30 pm 4:30 pm 4:30 pm 6-10 times ...$75 the sounds of the shoot-
11-15 times ..$85
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Datebook ads are limited to event listings Lawson can be seen in
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Qualifying Furnace XR80 patrol car, away from Sei-
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PROTECTING THE SHIELD

Seidle Asbury Park Detective

Continued from Page 4A
him. He begged for Seidle
to drop his weapon.
“Hey Phil! Drop that
gun Phil!” Lawson yelled
before ducking back be-
hind his patrol car.
Seidle’s voice can be
heard on the video.
“Now what!?” Seidle
shouts.
Lawson gave the loca-
tion over the radio, shout-
ing for backup, noting
that Seidle had the gun to
his head and that he was
a sergeant from Neptune.
Seidle’s daughter ran to
responding officers and
Asbury Park police Capt.
Marshawn Love. Love
had been their neighbor
for more than a decade
and recognized the cars
as belonging to the Sei-
dles. He drove Seidle’s
daughter away from the
scene.
Seidle fired another
volley of four shots
through the front window
two minutes after the
first.
He fired all but one
round in the magazine of
his police-issued Glock.
With his left hand, Sei-
dle held the gun to his
head. For about 45 min-
utes, officers held their
fire, trying to coax Seidle
into surrendering. He
shouted profanity, furi-
ous about being kept
apart from his nine chil-
dren.
With his right hand, he
typed a text message to
the children:
Your mother is dead
because of her actions…
Goodbye forever.
Nearly 70 officers from
four agencies surrounded
Seidle within minutes.
Officers begged Seidle
to put the gun down,
many calling to him by his
first name.
A Monmouth County
Lt. David DeSane left the
scene to get Seidle’s chil-
dren, sending a photo of
them to another detective
who remained at the
scene. That detective slid
his phone to Seidle.
They said they’d take
his kids to a prosecutor’s
satellite office in Asbury
Park. Ten minutes later,
they showed him another
photo of the children.
Seidle lowered his gun.
He placed it on the
ground.
Seidle and Fisher em-
braced.
“When it was all over, I
just felt like falling out,
like collapsing,” Seidle
said. “And I remember
when he came, when he
came into the street I just,
I don’t know, I fell into his
arms.”
Seidle was taken to the
prosecutor’s outpost in
Asbury Park and escorted
into a conference room,
grand jury testimony
shows.
The prosecutor’s de-
tective explained that he
would let Seidle speak to
the children, but Seidle
couldn’t mention what he
did to their mother.
Seidle agreed.
He was placed in a
chair and given a bottle of
water. They led his chil-
dren into the room in two
groups.
For years, Seidle had
fought in court to get
more time with his kids.
The custody disputes
with Tamara derailed his
career. The thought that
another man was moving
into their lives triggered a
breakdown.
Seidle had wanted to
be the father figure he
never had.
But there he was, ar-
rested on a murder
charge the week of Fa-
ther’s Day.
Seidle and the children
ADVERTISEMENT
Neptune police Sgt. Philip Seidle is taken into custody after he shot his ex-wife
to death in Asbury Park. ASBURY PARK PRESS FILE PHOTO
exchanged few words. Seidle in his cell, shock
“I just told them that I and outrage radiated
love them and that I only from Sewall Avenue,
wanted to have a rela- making headlines across
tionship with them and the region.
that I was sorry,” he said. The week after the
Then he was led away shooting, hundreds of
to jail. people attended Ta-
That was their last mara’s funeral, where her
conversation. nine children followed
her casket out of a church
‘I will walk out of about a mile from the
these walls one day’ crime scene. The children
later filed a lawsuit alleg-
Seidle was taken to the ing negligence by the law
Monmouth County jail a enforcement agencies re-
few miles away in Free- sponsible for overseeing
hold. His clothing, his Seidle and responding to
photograph and his fin- the shooting. A notice of
gerprints were taken. It claim showed they are
was a process the veteran seeking $10 million in
cop had performed on de- damages. Neptune, As-
tainees many times, but bury Park and Monmouth
now Seidle was on the County Prosecutor’s Of-
other side. Besides train- fice have filed motions to
ing at the police academy, dismiss the lawsuit.
he said that was the only These days, Seidle is
day he had been in hand- locked alone in a prison
cuffs. cell. He is let out for a few
“All of it was unbeliev- hours each day to per-
able,” he said. form tasks as a “runner,”
As reality sunk in for passing out juice and hot
water to inmates, collect-
ing their trash after din-
ner, picking up their laun-
dry. He takes an antide-
pressant. He gets recrea-
tion time with other
inmates, indoors, sepa-
rated in individual cages
with a port through which
they can play cards or
chess.
. He said he sleeps well
at night. He thinks about
his children, especially
on holidays and birth-
days.
He unsuccessfully ap-
pealed his sentence. He
said he didn’t deserve 30
years, but declined to say
what would have been an
appropriate sentence.
Seidle found fault in
how many people treated
him. He said his ex-wife’s
abuse claims were lies, he
dismissed his first di-
vorce attorney, he felt the
divorce judge merely
warned Tamara for viola-
tions of orders, he de-
scribed how his police
chief ’s punishments just
created more stress for
him.
But he doesn’t pass
blame for the killing.
“I carry the guilt every
day of what I’ve done, the
life I’ve taken, and the
lives I’ve ruined,” he
wrote. “I know I’ve writ-
ten a lot about how I was
wronged, and what I
went through. I can
sound like I’m trying to
justify what I’ve done.
That’s not at all true. I
want you to know I hate
what I did. I am horrified
and deeply saddened. It
is reprehensible, and un-
justifiable. I killed the
woman who at one point I
loved, and even though I
hated what she did to me,
I didn’t hate her. I still
cared for her as the per-
son who I spent almost 22
years raising nine beauti-
ful children with. Al-
though our marriage
failed, there were many
good times.”
Seidle hopes someday
he can apologize directly
to his children.
“I don’t expect them to
forgive me,” he said. “But
I just want them to know
how sorry I am.”
He said he does believe
in an afterlife.
“I believe that God for-
gives us for all of our sins,
especially when we ask
him,” he said. “And I think
that one day, you know, I
will have the opportunity
to tell Tamara, hopefully,
how sorry I am for what I
did to her.”
Seidle will become eli-
gible for parole in Decem-
ber 2040, when he’ll be
76.
He plans to make it
there.
“There’s no doubt
about it,” Seidle said. “I
will walk out of these
walls one day.”

Knee
prosecutor’s detective,
Asbury Park Detective Lt.
David DeSane and anoth-

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er officer removed Ta-
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grand jury testimony
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She was pronounced
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ASBURY PARK PRESS APP.COM

TUESDAY 01.30.18 Taking

aim at
Kabul
USA TODAY, 1B

Afghan men bury a victim

of Saturday’s attack in
Kabul, Afghanistan, on
Sunday. The deadly
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PROTECTING THE SHIELD

PART OF THE USA TODAY NETWORK
A USA TODAY NETWORK INVESTIGATION

Evidence in
murder cases
is tossed out
Court: Photos don’t fall under
scope of phone records request
Kathleen Hopkins Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

Crucial evidence against a twice-convicted sexual

offender can’t be used against him in a Long Branch
double murder, under an appellate court’s ruling Mon-
day that turned on a search of the defendant’s mobile
phones.
Judges Jack M. Sabatino, Mitchel E. Ostrer and Ma-
ry Gibbons Whipple of the Appellate Di-
vision of Superior Court upheld a lower
court’s ruling that suppressed incrimi-
nating photographs of a 10-year-old
murder victim found on a phone be-
longing to Brian Farmer, 61, of Long
Branch.
Brian Farmer, a “tier 2’’ sex offender twice
Farmer convicted of sexual assaults and con-
sidered a moderate risk to re-offend,
was on lifetime parole supervision at the time of the
2014 murders of his cousin, Joan Colbert, 62, and her

See PHOTOS, Page 2A

More online
Visit APP.com and search “Farmer” for more on the
case
Report: Sexual misconduct
cases usually go unreported
Andrew Ford and Kala Kachmar Asbury Park Press Ricardo Arias-Vasquez

Lakewood schools USA TODAY NETWORK – NEW JERSEY

This is a part of “Protecting The Shield” – a two-year As-

need funding fix, bury Park Press investigation that probes gaps in police ac-
countability, which can harm citizens and cost New Jersey

two studies find taxpayers millions of dollars.

Hanover police officer John Schauder spent months

Stacey Barchenger Asbury Park Press “grooming” a 17-year-old girl for sex, the teen claimed.
USA TODAY NETWORK –NEW JERSEY Samuel Woody
The 34-year-old patrol officer met the girl while he was on
duty during the summer of 2007 and engaged her in con-
At Lakewood High School’s first-ever student ath-
versation after he discovered she was distraught about her
lete luncheon last week, the mood was a bit party,
parent’s divorce, the teen claimed.
mostly preparation — not for an upcoming game, but
He texted the teen and met with her repeatedly while on
for what is easily the school district’s most formidable
duty, a lawsuit filed on the teen’s behalf later claimed.
opponent.
The patrol officer groomed the “vulnerable” teenager for a
The budget.
sexual encounter that occurred just a couple weeks after she
This school year began with a $14.7 million deficit —
turned 18 in 2008, her lawsuit claimed. He supplied a 30-
and the near demise of athletic programs and more Wilfredo Guzman
pack of beer for a weekend of sex at his home while his wife
than 100 educator jobs — mitigated by bailouts from
See SHIELD, Page 6A Top: Ex-Asbury Park
See FUNDING, Page 4A
officer Keith German
MORE ONLINE: Visit APP.com/theshield to read the is sentenced in 2017.
More online entire “Protecting the Shield” series. FILE PHOTO
Visit APP.com and search “Lakewood schools” for
more on the issue

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Asbury Park Press
USA TODAY NETWORK – NEW JERSEY
As President Donald Trump delivers his State of
the Union address today, a New Jersey “Dreamer”
will look on from the House Chambers.
Esder Chong, a Rutgers University student who
received protection against deportation under for-
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Childhood Arrivals program, was invited by Rep.
Frank Pallone, D-New Jersey, to be his guest at the
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The invitation comes as White House and con-
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and the fate of nearly 800,000 DACA recipients — re-
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DACA starting in March, in the absence of new au-
See DREAMER, Page 6A
Rep. Frank Pallone speaks with Rutgers University
Newark student and DACA recipient Esder Chong in
Edison Friday. THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
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Shield
Continued from Page 1A
and child were away, according to the
suit. They had sex “on dozens of occa-
sions,” including in his home, in the
teen’s home, while on-duty both inside
and on top of Schauder’s patrol car, the
lawsuit stated.
Schauder’s defense in a court docu-
ment was that he had a consensual en-
counter. Hanover’s governing body set-
tled the teen’s suit for $300,000 in 2010.
Hanover and Schauder made no ad-
mission of wrongdoing in the settle-
ment agreement. The settlement bars
the teenager, now an adult, from talking
about the case.
Schauder was later promoted to
sergeant. Schauder did not respond to a
request for comment.
Police sexual misconduct has been
recognized by law enforcement agen-
cies and researchers as a common “hid-
den” crime that often goes unreported,
according to Phillip Stinson. He was the
lead investigator of a 2014 Bowling
Green State University study that ana-
lyzed 548 cases of police sex-related of-
fenses from 2005 through 2007. Re-
search on the topic is limited because
only a small number of cases have been
exposed, the study found.
The very nature of police work af-
fords rogue cops opportunities to en-
gage in sexual acts against the citizens
they are supposed to protect, Stinson
stated in the report. The International
Association of Chiefs of Police has rec-
ognized the magnitude of the problem,
holding discussions and issuing guide-
lines to departments to help them pre-
vent illicit sexual encounters.
About three of four victims were mi-
nors in the 548 cases, the study found.
Sexual misconduct was the No. 2
complaint against officers in 2009 and
2010, behind excessive force, a 2010
study by the Cato Institute found.
Sexual misconduct continues be-
cause officers who engage in such activ-
ities are sometimes protected by a cul-
ture of police secrecy and settlement
payouts to keep embarrassing situa-
tions quiet, according to Franklin A.
Porter, a Manhattan psychologist.
Porter has evaluated police officers
for fitness for duty and worked with vic-
tims of sexual assault involved in litiga-
tion with major corporations.
“I think that the institution first and
foremost wants to protect its own and
also wants to shield itself against nega-
tive publicity,” Porter said. “And I think
it would tend to create or foster an envi-
ronment where the individuals working
within that system may feel, due to the
prevailing attitudes and solidarity, that
Dreamer
Continued from Page 1A
thorizing legislation.
“I think we have to recognize in this
country that we need immigrants,” Pal-
lone said during an interview with the
Asbury Park Press. “We’ve always been
a country of immigrants. The fact of the
matter is without immigration we
wouldn’t be the country that we are.”
Chong, 19, of Highland Park, ob-
tained DACA protection in high school
after Obama created the program in an
executive order to protect young unau-
thorized immigrants who arrived in the
U.S. as children.
Chong said Trump often focuses on
Latino immigrants, using negative
stereotypes, but she wants to show
Trump that DACA recipients come from
all over the world.
“This is not a Latino issue but an is-
sue that affects all communities,”
Chong said. “This is a Korean American
issue, an Asian issue, black and white.”
“We’re as American in virtually every
way, except on paper,” she added. “If I’m
not American, then I don’t know what
American is.”
DACA recipients and their sup-
porters are urging lawmakers to pass a
version of the Dream Act of 2017 that
isn’t tied to funding for immigration en-
forcement or a wall between the U.S.-
Mexican border.
The latest White House immigration
plan offers a path to citizenship over 10
to 12 years for nearly 1.8 million young
unauthorized immigrants. It also in-
cludes new restrictions on lawful immi-
gration and a $25 billion fund for border
security, which involves construction of
a border wall.
But lawmakers on both sides of the
aisle have panned the Trump plan, rais-
ing doubts a final agreement can be
reached by March 5, when the program
starts to get phased out. Some lawmak-
ers have called for limiting the negotia-
tions to two issues — DACA and border
security.
“We can help to fix this problem once
and for all,” said Marc Short, White
House director of legislative affairs, ac-
cording to Politico. “Conservatives rec-
ognize the benefit of really securing our
border and helping to fix these long-
term problems. So, yes, I think we are
going to get widespread support on our
e
“Once you tell the truth, they can’t get me on nothing...
I said I was trying to (have sex with her) because that’s
not illegal.”
Former Asbury Park police officer Keith German
To a gang member in an intercepted phone call
they might have more license to do
things that they might not otherwise
do.”
The Asbury Park Press identified sev-
en cases of alleged sexual misconduct
or crimes by officers, including towns
that collectively paid $1.4 million to set-
tle lawsuits. The cases include:
❚ Coerced sexual act — Plainfield
settled for $600,000 after police officer
Samuel Woody, now 47, falsely accused
a woman of crimes, threatening her
with jail time in 2011 to coerce her to per-
form a sexual act. He was found guilty of
official misconduct and criminal sexual
contact. He is serving a six-year sen-
tence in state prison.
❚ Sexual conversation — Garfield
settled for $300,000 in 2010 after officer
Todd Mosby, now 56, was charged with
engaging in a sexual conversation with
a teenager in 2006. He was convicted of
degrading the morals of a child and sen-
tenced to 1 day in jail, according to con-
viction records.
❚ Masturbating lieutenant —East
Orange settled for $200,000 in 2014
after Lt. Anthony Cook allegedly went to
a woman’s home in 2007 and mastur-
bated over her love seat. He was later
promoted to captain, and is commander
of the department’s professional stan-
dards unit. No admission of wrongdoing
was made in the settlement.
❚ Indicted for sex with teens —
Rockaway Township Police Officer Wilf-
redo Guzman is accused of having sex in
2014 and 2015 with two teenage girls
and giving them alcohol and prescrip-
tion medication. He was indicted in No-
vember on charges including sexual as-
sault, endangering the welfare of a
child, official misconduct and posses-
sion of child pornography, according to
court documents. He had pleaded not
guilty and is awaiting trial. No lawsuit
has been filed.
Asbury Park cop Keith German was
confident his department would over-
look his aggressive pursuit of a woman
– even enlisting Bloods gang members
to help him – if he told his supervisors
one thing: that he was trying to have
sexual relations with her.
“Once you tell the truth, they can’t get
me on nothing,” German told a member
of the Bloods gang in a call intercepted
by investigators. “I said I was trying to
Rutgers University Newark sophomore Esder Chong smiles during an interview
with Rep. Frank Pallone (D-NJ) in Edison on Friday. Pallone invited her to attend
the State of the Union speech as his guest. THOMAS P. COSTELLO
“If I’m not American, then I don’t know
what American is.”
Esder Chong
Highland Park DACA recipient
side.”
Pallone says the president used DA-
CA recipients as a “bargaining chip” to
push Democrats to agree to a legislative
fix that includes the wall and other pol-
icies they oppose.
“It’s only broken because he broke it,”
Pallone said, “and now when he puts
forth these various proposals, many of
them have various impacts on legal im-
migration.”
‘The original Dreamers’
Chong calls her parents “the original
Dreamers.” Her mother, a registered
nurse, brought the family over on a work
visa in 2005.
While many immigrants come to the
country escaping violence or poverty,
Chong said her parents came to pursue
missionary work.
“Everyone has a different calling,”
Chong said. “They were called to be mis-
sionaries in America and in New Jersey.
They want to serve American students
and teach the Bible here.”
The family arrived a few days before
Chong’s 7th birthday. They settled in
(have sex with her) because that’s not
illegal.”
He didn’t just try to have sex with a
woman. German sought the help of a
man alleged to be the leader of the
Bloods gang in Asbury Park to chase
after her. In exchange, the Asbury Park
officer tipped off gang members to po-
lice operations. At one point, German
had the gang leader post fliers around
town with the woman’s picture, calling
her “The Face of HIV.”
After his arrest, German fled from
prosecution in 2017 but was soon re-
captured.
German was found guilty of eight
crimes, including official misconduct,
using a computer for stalking and ha-
rassing the woman. He was sentenced
to 10 years in prison Dec. 19.
Orange Township Officer Ricardo
Arias-Vasquez also expected his de-
partment to be complicit in alleged
sexual misconduct.
A lawsuit claims Arias-Vasquez was
drinking while on-duty in 2015. He got
in a patrol car, pulled a woman over,
“fondling” her during the stop, the suit
claimed.
When she went to his department
to file a complaint, she was threatened
with arrest, placed in custody and
Arias-Vasquez was tipped off about
her report.
He made efforts to discourage her
from filing the complaint and the
woman received threatening calls, the
lawsuit claimed.
Arias-Vasquez was arrested and
charged with criminal sexual contact
and witness tampering. He later
pleaded guilty to obstruction and re-
ceived a probation sentence, state
conviction records show. The woman’s
lawsuit against the township is pend-
ing. The township denied liability in
court documents.
Asbury Park Press reporters dug
into more than 30,000 public records
for two years to produce “Protecting
The Shield.” These same journalists re-
port daily as watchdogs in the public
interest: examining tax spending, ex-
posing wrongdoing, highlighting ad-
vances and often inspiring change
that makes New Jersey a better place to
live. Follow their work at APP.com and
support local journalism today.
Highland Park, and she enrolled in the
elementary school. For the first time,
she sat alongside children of different
skin colors and ethnic backgrounds.
Chong enrolled in English as a Sec-
ond Language, though she says she
learned the language quickly. She made
friends. She started learning the violin,
taking weekly lessons and playing in
the school orchestra.
Losing their status
When the recession hit in 2008,
Chong’s mom lost her job at a local hos-
pital and thus her visa sponsorship. She
never found another job to sponsor her
family.
Chong’s parents, determined to con-
tinue their missionary work, kept the
family in New Jersey. They worked mul-
tiple jobs, often taking graveyard shifts.
Chong’s violin lessons stopped. Her
parents kept a strict budget for grocer-
ies and other items such as school sup-
plies.
She first realized the implications of
lacking legal status when she was in
ninth grade. Her mother suffered a
shoulder injury while biking to work,
but she refused to go to the hospital.
“We couldn’t because we were unin-
sured, we couldn’t get healthcare,”
Chong said.
“We couldn’t go to the hospital or the
emergency room and that’s when I was
Rhode Island
legislator
is targeting
archaic laws
Jennifer McDermott
ASSOCIATED PRESS
PROVIDENCE, R.I. – Archaic laws
that are a holdover from a time when
people fought in duels, a la Alexander
Hamilton, and rode horses on high-
ways would be struck from the books
in Rhode Island if a lawmaker has his
way.
House Majority Whip John Ed-
wards picked some of the silliest laws
to start with. Since at least 1798, it’s
been illegal to arrange to meet another
person and engage in a fight. Testing
the speed of a horse on public high-
ways was banned in 1896.
“Right now I just picked the low-ly-
ing fruit,” he said Thursday. “These are
the most embarrassing of the group.”
Edwards, a Democrat, has tried for
years to create a joint committee with-
in the General Assembly to review
laws and recommend which ones are
no longer needed. That idea didn’t gain
traction, so he’s now introducing bills
to repeal old laws individually.
He has introduced five so far. He
hopes to file up to 50 bills this year.
A look at the first laws targeted by
Edwards:
❚ Seaweed: Edwards’ bill would re-
peal a law restricting the amount of
seaweed Barrington residents can take
from the public beach to use as fertiliz-
er and forbidding residents of other
towns from taking seaweed. It has
been on the books for about 200 years.
❚ Dueling: Edwards’ bill would re-
peal a law that forbids being the “sec-
ond” of either party in a duel where a
mortal injury is inflicted, which was a
person who ensured the duel was car-
ried out honorably. A separate statute
bans dueling.
❚ Horse racing: Edwards’ bill would
repeal a law that makes it illegal to race
or test the speed of a horse on public
highways. The current law calls for a
fine of up to $20 or no more than 10
days in jail.
❚ Driving: Edwards’ bill would
amend a law that requires drivers who
pass another vehicle on the left to give
a “timely, audible signal,” such as
honking or shouting. It would change
the word “audible” to “visible,” mean-
ing the use of a directional signal. The
original 1916 law specified that a bell or
horn should be used.
like, ‘wow, we can’t even get basic needs
if we don’t have papers.’ ”
Chong missed her high school or-
chestra’s performance at Carnegie Hall
because she couldn’t afford the trip fees.
When her Model United Nations team
was invited to a conference in Mexico,
she told her advisers she had to stay be-
hind and study. The real reason was be-
cause immigrants without legal status
can’t leave the country without being
barred from re-entering for 10 years.
“I realized that I’m trapped here until
I get legal status,” she added.
Living here without legal status add-
ed more stress to the busy teenager’s
life. Sometimes, running helped her
cope. She ran for the track and field
team all throughout high school. Chong
also looked to religion for comfort.
“I think I’m really lucky to have Chris-
tian parents and a Christian environ-
ment where I can be around people who
support me,” she said, “but also I just
believe that God is with me.”
Life with DACA
Chong obtained DACA protection in
high school, making her eligible to work
and drive legally.
“I felt like I could be in this country
without the fear of getting deported, but
at the same time DACA has a deadline of
two years and you have to reapply,”
Chong said. “It did feel like they put
some sort of expiration date on my safe-
ty.”
Despite that uncertainty, she went
onto college. Chong is a sophomore at
Rutgers University Newark. She doesn’t
qualify for in-state financial aid, but she
found several scholarships to cover the
cost.
She founded RU Dreamers, a club for
young unauthorized immigrants. The
group meets to discuss current immi-
gration policy and to educate others
about their situation.
“They are the most hard-working
students at are in Rutgers Newark,” she
said. “They work full time while being
full-time students to pay out of pocket.”
Chong wants to be a lawyer, but she
worries she won’t get that chance.
If Congress fails to come up with a
deal, she will lose her status in 2019 —
months before she graduates college.
“Every day that they stall this legisla-
tion puts people at risk of deportation,”
she said. “We’re just waiting, and we
need action in Congress.”
Steph Solis: stephmsolis; 732-403-
0074; ssolis@gannett.com
ASBURY PARK PRESS ❚ MONMOUTH EDITION APP.COM

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COPS IS
COSTLY
Police get payouts for
being treated poorly
Andrew Ford and Kala Kachmar Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

This is a part of “Protecting The More

Shield,” a two-year Asbury Park Press
investigation that probes gaps in police online
accountability, which can harm citi- Visit
zens and cost New Jersey taxpayers mil- APP.com/
lions of dollars. theshield
When police officers stand up to to read the
wrongdoing by other cops, the results entire
can lead to upstanding officers being series and
punished by their departments for dar- click on
ing to break what appellate judges in this story
one case recently called the “ ‘blue wall’ to watch a
of police silence.” video of
In turn, whistleblowing officers and Elena
those subject to internal harassment Gonzalez
seek relief through lawsuits, which can speaking
prompt towns to make secret settle- to the
ments that can add up to more than $1 Neptune
million. Some of the most significant Township
Commit-
See SHIELD, Page 2A tee.

Should the
President Donald Trump listens to applause before his State of the Union address. AFP/GETTY IMAGES

Trump seeks unity Parkway speed

limit be raised?
President offers vision in State of the Union address
Stacey Barchenger
Asbury Park Press
WASHINGTON - President Donald Trump held his first formal State More online USA TODAY NETWORK - NEW JERSEY

of the Union speech Tuesday night, promising to appeal for the country To read full coverage
to come together on immigration, trade and infrastructure rebuilding.
of the speech, plus Should the speed limit change on the More
analysis, photos and Garden State Parkway?
Should it go up? online
But whether the president can overcome political partisanship, which more, visit APP.com
Would it matter, because people Search
his critics say he has only helped deepen, remains to be seen. Read more drive too fast anyway with no regard for “Exit 109”
what a sign says? at APP
about Trump’s plans for the country on page 1B and at APP. com. Thus goes an ongoing debate that has .com to
simmered in the state for years. Buckle learn about
up, because here we go again. big
A Lakewood man has launched an changes
online petition hoping to convince Gov. coming to
Trump’s speech is being closely watched for the tone he uses and for the Phil Murphy to take action. the Park-
substance he outlines on issues such as immigration and infrastructure. And a Monmouth County state sena- way in-
terchange.
The speech details his legislative priorities and sets down key markers. See PARKWAY, Page 4A

Immigrant defended by those he helped Presidents

Steph Solis
Asbury Park Press
Harry Pangemanan,
an undocumented
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USA TODAY NETWORK - NEW JERSEY
immigrant from
Indonesia who helped
When Simone Dannecker met Harry Pangema- rebuild Sandy homes,
nan, she didn’t know his immigration status or that fears deportation.
he had nearly been deported for living in the country TANYA BREEN/STAFF
illegally. PHOTOGRAPHER
She came to know him as a popular church volun-
teer who delivered drywall, paint and other supplies How to help
free of cost as her husband, a licensed contractor, re-
built the family’s Union Beach home. For two years,
Supporters launched fundraising drives for Indone- Save up to 50% OFF*
sian Christians detained by ICE and those in sanctu-
Pangemanan visited the house weekly to help the ary at the Reformed Church of Highland Park. The Come early for best selections.
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Now the mother of two is speaking out on Pange-
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Correction policy
The Asbury Park Press is committed to fairness and WWII veteran Vito Perillo was elected Tinton Falls mayor at age 93. BRIAN JOHNSTON
accuracy and corrects its mistakes ungrudgingly. To
request a correction, please call Tamara Wilder (732-
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Continued from Page 1A

whistleblower payouts identified by the Asbury Park

Press include:
❚ $1.4 million – A jury awarded the amount in 2017
to a former Hamburg officer who claimed he was re-
taliated against for not dismissing a parking ticket.
Asbury Park Press CIRCULATION & ❚ $650,000 – Egg Harbor Township settled with
member of the Gannett Group
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Vol. 139, No. 27 January 31, 2018 800-822-9779
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Walk-in: Mon.-Fri. 9
732-643-4110 tdonovan@gannettnj.com a.m.- 5 p.m. claim another officer would “kick” Mozitis’ “ass” when
HOLLIS R. TOWNS Editor/VP News Damaged/Missing
732-643-4210 htowns@gannettnj.com Papers – Subscribers Mozitis pointed out that the other officer wasn’t pur- Internal affairs expert Richard Rivera is a former
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two settlements of $330,000 in 2014 to two female “smacks of perpetrating an illegal police coverup.”
WAYNE L. PERAGALLO Monday through Neptune Township officers who alleged sexual ha- Gerald Turning Sr., who was police chief at the time
Saturday, call 800-822-
732-643-2510
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Please send address suits, the town paid a total of $1.1 million to two police Asbury Park Press reporters dug into more than
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Box 1550, Neptune, NJ
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Many N.J. officers THURSDAY 02.01.18

don’t face drug tests

Andrew Ford and Susanne Cervenka
Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
This is a part of “Protecting The
Shield,” a two-year Asbury Park Press in-
vestigation that probes gaps in police ac-
countability, which can harm citizens
and cost New Jersey taxpayers millions
of dollars.
At least 1.3 million New Jersey resi- More online
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police departments that don’t mandate Visit APP.com/thesh-
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COSMIC RARITY
PART OF THE USA TODAY NETWORK

Menendez
is cleared of
all charges
Judge’s dismissal ends federal
bribery case launched in 2015
Herb Jackson and Nicholas Pugliese
North Jersey Record
USA TODAY NETWORK - NEW JERSEY

Sen. Bob Menendez was cleared of the criminal

charges that have dogged him for more than two years
after the Justice Department asked a federal court on
The supermoon can be seen Wednesday morning from the Brooklyn Cruise Terminal. Wednesday to dismiss a 2015 indictment that already
TARIQ ZEHAWI/STAFF PHOTOGRAPHER had been severely weakened.

Lunar show is super

Menendez’s lawyers had been prepar-
ing for another trial, and one of them said
they were stunned when the lead prose-
cutor in the case, Peter Koski, announced
the decision Wednesday morning at
what was expected to be a routine logisti-
Red blue moon fills sky Bob
cal meeting with U.S. District Judge Jose
L. Linares in Newark.
Menendez “We said, ‘What? Can you say that
Staff Report again?’ ” recounted Menendez attorney
@Asburyparkpress Ray Brown. “Absolutely nobody expected this today.”

T
he moon put on a rare cosmic show Wednesday: a The government’s motion cited a decision by Judge
red blue moon, super big and super bright. William H. Walls last week that acquitted Menendez
It’s the first time in 35 years a blue moon has and co-defendant Salomon Melgen of seven bribery and
synced up with a supermoon and a total lunar eclipse, or fraud counts tied to $660,000 in campaign contribu-
blood moon because of its red hue. tions that helped Menendez get re-elected in 2012.
The East Coast was out of luck for a total eclipse – “Given the impact of the court’s Jan. 24 order on the
Hawaii and Alaska had the best seats, along with the charges and the evidence admissible in a retrial, the
Canadian Yukon, Australia and Asia. But we still had a United States has determined that it will not retry the
good show along the Jersey Shore. defendants on the remaining charges,” Nicole Navas Ox-
The second full moon in a calendar month is a blue man, a Justice Department spokeswoman, said in a
moon. This one also happened to be an especially close statement.
and bright moon, or supermoon. Add a total eclipse,
known as a blood moon for its red tint, and it was a lunar See MENENDEZ, Page 2A
showstopper.
NASA called it a lunar trifecta: the first super blue
blood moon since 1982. That combination won’t happen More online
again until 2037. For those looking ahead, the next su- Search “Menendez” at APP.com to read the senator’s
permoon is in February, the next blue moon is in March argument in favor of legalized sports betting.
and the next total lunar eclipse is in July.
A total lunar eclipse – considered the most scientific
of Wednesday’s threesome – occurs when the sun,
Earth and moon line up perfectly, casting Earth’s shad-
ow on the moon.
Presidents
Storewide Sale!
The eclipse begins as the super blue blood moon
sets over the J. Stanley Tunney Bridge over Barnegat
Bay in Toms River on Wednesday morning.
THOMAS P. COSTELLO/STAFF PHOTOGRAPHER

‘Renter Hell’ finalist for Goldsmith Award

Staff Report More online
@Asburyparkpress
See the entire series at APP.com/renterhell. Save up to 50% OFF*
“Renter Hell,” the Asbury Park Press’ exposé of de- Come early for best selections.
plorable housing conditions suffered by tens of thou- announced March 6 at a ceremony at Harvard Univer- Save on custom orders with extra discounts
sands of New Jersey tenants living on government sity’s Kennedy School of Government in Cambridge, on select manufacturers.
subsidies, has been named a finalist in the prestigious Massachusetts.
Goldsmith Prize for Investigative Reporting competi- The series was written by Shannon Mullen and
tion. Payton Guion, and edited by Investigations Editor Paul
The prize is awarded each year to the best investiga- D’Ambrosio.
tive story or series in any media, including television, The other finalists are: BuzzFeed News, Miami Her- Delivering
Anywhere in the I N T E R I O R S
news websites, radio, magazines and newspapers. Tri-State Area ONE
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“Renter Hell” is one of six finalists. The winner will be See RENTER HELL, Page 2A Monmouth & 2169 State Highway 35, Wall Twsp., NJ
INTERE
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8A z THURSDAY, FEBRUARY 1, 2018 z ASBURY PARK PRESS e

Officers
Continued from Page 1A
New Jersey.
Nearly a quarter of the municipal po-
lice departments in the state have no
mandatory random drug testing policy,
the Asbury Park Press found in its re-
view of all 466 municipal police agen-
cies.
It took the death of a police captain to
change one town’s policy.
Deal Police Capt. Earl Alexander IV
died in 2016 after smashing his car into a
utility pole while drunk and high on a
cocktail that mixed illegal drugs with
prescription medication.
At the time his department didn’t ran-
domly drug test police officers. It does
now.
But there isn’t a statewide standard,
and more than 100 police departments
didn’t provide a policy for mandatory
random drug testing in response to a rec-
ords request made by the Press.
Municipal police departments follow
guidelines from the state Attorney Gen-
eral’s office, which do require agencies to
test those training to be an officer and
when there exists reasonable suspicion
an officer is using drugs.
But the guidelines don’t require de-
partments to implement random drug
testing. Many police agencies, the Press
found, do not do random drug testing.
Agencies as large as Elizabeth, with
294 officers, or as small as South Harri-
son Township, with five officers, have no
mandatory random drug test policy.
After the Press published its findings
online, South Harrison Police Chief
Nicholas Priore said though they didn’t
have a written policy, his department
does randomly test at least one officer –
20 percent of the department – at least
once a year.
Priore said he would change depart-
ment policy to make clear that random
drug testing is mandatory.
The state Attorney General could
mandate, with a one-word change to ex-
isting policy, that all departments ran-
domly drug test officers. The policy
states that officers “may” be randomly
tested rather than the more definitive
“must” be tested.
The Ocean County Prosecutor’s Office
goes a step beyond the state guidelines,
requiring that 20 percent of municipal
police officers be tested annually in each
department.
Yet several towns in the county pro-
vided no random testing policy in re-
sponse to the request made by the Press.
Deal Police Capt. Earl Alexander died
in 2016. COURTESY OF DEAL POLICE DEPARTME
Ocean County Prosecutor’s Office
spokesman Al Della Fave stressed that
every department in the county is fol-
lowing the prosecutor’s office standard.
In an interview, Monmouth County
Prosecutor Christopher Gramiccioni
said he didn’t know if he could command
departments in his county to randomly
test officers, raising concern about the
costs of tests, which he estimated to be
up to $300 each.
“You take a town like Middletown
with 100-some cops and they wouldn’t
be happy if I were mandating that,”
Gramiccioni said. “With that said, they
have their own internal random drug
testing policies.”
They don’t, the Press found in its sur-
vey of police departments.
Middletown provided documents
that call for random drug testing “of only
those employees for whom random and
post-accident drug testing is required by
current [Department of Transportation]
regulations.” The policies for law en-
forcement only call for testing before
employment, for trainees and when
there’s reasonable suspicion an officer is
impaired.
At least 30 of the 45 municipal police
departments in Monmouth County don’t
have a mandatory random drug testing
policy, the Press found.
After being interviewed for this story
in September, the Monmouth County
Prosecutor’s Office said it would issue a
countywide drug testing policy to take
effect in 2018. Gramiccioni and his
spokesman, though, wouldn’t elaborate
on it or say whether it will require ran-
dom testing.
A cocktail of narcotics
Deal Police Capt. Earl Alexander IV
Monmouth County Prosecutor
Christopher Gramiccioni FILE PHOTO
was like a “guardian angel,” said his wife,
Julie Alexander.
“I said that to him one time,” Mrs. Al-
exander recalled. “I felt so safe with
him.”
Earl Alexander was born and raised in
Ocean Township, not too far from where
he worked in Deal. Together the couple
hiked, biked and swam regularly. They
dreamed of camping in all 50 states and
Mrs. Alexander estimated they made it
to 15. They spoiled their rottweiler, Oscar.
They had two children.
Earl aspired to participate in local pol-
itics, maybe run for mayor, maybe be-
come a certified business administrator.
He was confident.
“And then that seemed to have
passed,” Mrs. Alexander said. “That
seemed to have went away, that confi-
dence.”
Alexander became haunted by the
gruesome scenes he encountered
through police work – a drowning swim-
mer, a person crushed by a firetruck,
Mrs. Alexander said. They spoke of him
dealing with “traumatic stress,” she said.
“Nobody knows what we have to go
through,” she recalled him saying of the
job.
Though his son shared his namesake,
Alexander didn’t want Earl V to share his
profession.
Their marriage faltered. Mrs. Alexan-
der made allegations of his substance
abuse in divorce filings. The divorce was
never finalized. Alexander filed for bank-
ruptcy in April 2015, court documents
show.
He was suspended from his depart-
ment in August 2015 on suspicion of
drug use, according to his chief.
Julie said she found out in October
2015 he had gone to a rehabilitation clin-
ic. He told her he was an alcoholic but
The guidelines don’t
require departments
to implement random
drug testing.
denied using drugs, she said.
She last saw him Dec. 30, 2015. They
hung out at his house and chatted like
old times, like friends.
The bankruptcy weighed on him. He
felt like friends had turned their backs
on him in his time of need.
On the evening of Jan. 1, 2016, they
made arrangements for him to pick up
the children the next morning.
He didn’t make it there.
In the early morning hours Jan. 2,
2016, Alexander died when he lost con-
trol of his car and struck a utility pole in a
residential neighborhood.
An autopsy, released to the Press
through an open records request, found
he was impaired by a combination of il-
legal narcotics, prescription drugs and
alcohol.
At the time, the 18-officer department
didn’t have a policy for random drug
tests.
The Deal department has since insti-
tuted random testing, Chief Ronen Neu-
man said.
“After the incident that happened
with Capt. Alexander, I spoke with the
prosecutor and he told me it’s totally up
to – you know, there’s no Attorney Gen-
eral directive or nothing that mandates it
(drug testing). And so, I figured for our
peace of mind, we’ll just do random drug
testing once or twice a year.”
The department now randomly tests
at least two officers at least once a year.
Neuman declined to say if any failed a
test.
Presented with the Press’ findings,
PBA president Patrick Colligan said po-
lice departments ought to randomly
drug test officers.
“I think they should,” he said. “Abso-
lutely. I’m shocked to have you tell me
some don’t. I think that’s an accident
waiting to happen.”
Asbury Park Press reporters dug into
more than 30,000 public records for two
years to produce “Protecting The Shield.”
These same journalists report daily as
watchdogs in the public interest: exam-
ining tax spending, exposing wrongdo-
ing, highlighting advances and often in-
spiring change that makes New Jersey a
better place to live. Follow their work at
APP.com and support local journalism
today.

Weight Loss Surgery: FREE SEMINAR

Report: Airbnb reduces
Explore Your Options
housing, boosts N.Y. rent
February 8, 2018
7 p.m. – 8 p.m.
We know weight loss surgery is a big decision. And, it’s Hackensack Meridian Health
important that you get all the information you need, including Village at Jackson
answers to sensitive questions. Lower Level,
Weight loss surgery yields additional benefits to patients who Lenni Lenape Room David Klepper out an entire apartment in a multi-unit
have failed to lose weight using other methods. 27 S. Cooks Bridge Rd. ASSOCIATED PRESS building for less than 30 days. Officials
! Improved quality of life Jackson, NJ can impose hefty fines to prevent some
! An improvement in, or cure of, obesity-related diseases such ALBANY, N.Y. – A report from critics property owners from using Airbnb to
as diabetes, hypertension, sleep apnea and high cholesterol February 20, 2018 of Airbnb says the vacation rental web- rent apartments as short-term lodgings
! Reduced dependence on medications as a result of improved 7 p.m. – 8 p.m. site is driving up home rental prices for tourists, diverting business from
obesity-related diseases Ocean Medical Center and reducing housing availability in existing hotels while taking residential
! Improved mobility Conference Room B New York City. units off the already expensive New
Join our physicians for an informative discussion on weight 425 Jack Martin Blvd. The analysis published Monday York City housing market.
loss surgery and to see if gastric banding, sleeve gastrectomy, Brick, NJ comes from a researcher at McGill Uni- Critics say the study shows the need
or gastric bypass may be an option for you. Our team at Ocean versity in Montreal and was commis- for tougher regulations.
Medical Center is dedicated to guiding you on your individual sioned by the Hotel Trades Council, a “The facts demonstrate yet again
journey to a healthier life. hotel worker union. Several local neigh- that, despite slick marketing, Airbnb’s
Register for our FREE lecture borhood organizations were co-spon- profit is based on commercial operators
call 1-800-DOCTORS® sors. illegally renting out entire apartments
or to learn more, visit
OceanMedicalCenter.com. The report finds that Airbnb listings or buildings, at a cost to actual ten-
have removed between 7,000 and ants,” said Democratic state Sen. Liz
13,500 housing units from circulation Krueger of Manhattan. “
in the past three years and increased Airbnb disputes the findings of the
Anil Pahuja, M.D. James V. Pasquariello, M.D. the city’s median rent by $380 a year. In report and says it’s based on flawed
Manhattan, Airbnb listings have driven methodology. It says many everyday
up the median annual rent by $780, ac- New Yorkers use its site to make extra
cording to the report. money by temporarily renting their
Under current law, it’s illegal to rent space when they’re out of town.

TOMS RIVER TOWNSHIP

PUBLIC HEARING NOTICE
TAKE NOTICE that TOMS RIVER TOWNSHIP is proposing to change the purpose or use of
approximately 3.4 acres of Bey Lea Park [1505 North Bay Ave.; Block 573, Lots 1,3,4] from
Vacant Open Space to a Special Needs Children’s Playground.

FIELD OF DREAMS –
SPECIAL NEEDS CHILDREN’S PARK
PURSUANT TO N.J.A.C. 7:36-25.6(a)(1) a hearing to obtain public comment on this proposed
change of purpose or use will be held at the following date, time, and location:

DATE: Thursday, February 15, 2018

TIME: 6:00 PM
PLACE: Township of Toms River Municipal Building
L. Manuel Hirshblond Meeting Room
33 Washington Street
Toms River, New Jersey 08753

ALL INFORMATION regarding the proposed change in purpose or use is available for public inspection
at the Office of the Municipal Clerk.

WRITTEN COMMENTS on the proposed change in purpose or use may be directed to the Toms River
Municipal Clerk at 732-341-1000 or in writing addressed to 33 Washington Street,Toms River, New Jersey,
08753. Please send a copy of any comments submitted on this request to the New Jersey Department of
Environmental Protection, Green Acres Program, Bureau of Legal Services and Stewardship, Mail Code 501-
01, 501 East State Street, PO Box 420,Trenton, New Jersey 08625-0420.

PUBLIC COMMENT on this proposed change in purpose or use will be accepted during the public
hearing or until March 1, 2018. On or after 90 days from the date of the public hearing, the Township of
Toms River may take formal action to approve the proposed change in purpose or use.
AP-NJG0013865-01 AP-GCI0034446-01
ASBURY PARK PRESS APP.COM

Eagles’ Jenkins sizing up

Pats’ Brady, Gronkowski
SPORTS, 1C

PROTECTING THE SHIELD

A USA TODAY NETWORK INVESTIGATIONON

Money, silence push FRIDAY 02.02.18

along bad officers

Andrew Ford Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
This is a part of “Protecting The
Shield,” a two-year Asbury Park Press in-
vestigation that probes gaps in police ac-
countability, which can harm citizens
and cost New Jersey taxpayers millions
of dollars.
Getting rid of problem cops can be ex- More online
pensive, even for a large city. When faced
with a $3 million legal defense fund from Visit APP.com/
the state PBA that any member police of- theshield to see the
ficer can tap into, suspending or termi- entire series.
nating a cop in trouble can lead to a costly
court battle.
See MONEY, Page 2A

LAKEWOOD PUBLIC SCHOOLS

PART OF THE USA TODAY NETWORK

Ocean Co. girl

dies from flu
complications
Officials can’t confirm if she is
4-year-old from ‘Central Jersey’
Erik Larsen and Kaitlyn Kanzler
Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

TOMS RIVER - A young child in Ocean County has

The Asbury Park Press Editorial Board meets with Lakewood school officials Thursday.
From left are Randy Bergmann, community content editor of the Press, Lakewood School
Board Attorney Michael Inzelbuch, Superintendent Laura Winters and School Board
Assistant Business Administrator Robert Finger. PETER ACKERMAN/STAFF PHOTOGRAPHER
died from complications related to the flu virus, Free-
holder Director Gerry P. Little said.
Little said he could not confirm that the child was the
same patient identified by the New Jersey Department
of Health as a 4-year-old girl from “Central Jersey,” who
is believed to be the state’s first flu death this season.
The girl’s death was reported to the state between Dec.
23 and Dec. 30.

Millions needed
The girl, whose identity and hometown have not
been made public, did not receive a flu vaccination, said
Janelle Fleming, a spokeswoman for the state Health
Department.

amid shortfall
State urged to fill
$14M-$20M deficit
Stacey Barchenger Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
LAKEWOOD - The township’s public
schools are facing a $14 million to $20 million
budget shortfall for the 2018-2019 school year,
a gap district leaders say the state must fill.
Assistant Business Administrator Robert
Finger said that estimate assumes district
costs do not change and the state fully funds
Lakewood schools.
Increasing costs are inevitable – the district
is in contract negotiations with teachers, for
example – which means the budget deficit is
likely to deepen, too.
Driving the deficiency are the district’s
above-average cost for tuition to send students
to other schools, a large portion of which is for
special education, and buses for public and
DeVito returns to Asbury Park for APMFF
Alex Biese Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
Danny DeVito is coming home.
DeVito, the Oscar-nominated, Tony-
nominated and Emmy-winning actor
and filmmaker born in Neptune and Danny
raised in Asbury Park will take the stage DeVito
at this year’s edition of the Asbury Park
Music and Film Festival. generations of fans thanks to his work in
“An Evening with Danny DeVito” is everything from the TV classic “Taxi” to
happening at 7 p.m. April 28, at the Para-
mount Theatre, 1300 Ocean Ave. on the See DEVITO, Page 2A
Little made the disclosure Wednesday night. The
freeholder and county health officials were vague in ref-
erencing the Ocean County death.
However, with the exception of the 4-year-old girl’s
death, there have been no other reported pediatric
deaths related to influenza in New Jersey since the end
of the 2015-2016 flu season.
More online Nevertheless, Little said he could not confirm that
the child who died of flu complications in Ocean County
Search “Lakewood” at APP.com to watch
video of Lakewood officials explaining was the same unnamed 4-year-old girl who died of flu
their budget problems. complications as reported by the state of New Jersey.
“I am not allowed to confirm,” Little said. “But I can
tell you that, yes, we have had a child – a young child –
private school students.
“Most districts statewide, for transporta- See FLU, Page 4A
tion and tuition, are going to pay somewhere
between maybe as low as 4 percent of their
budget, maybe as high as 9 percent of their
budget (for each),” Finger said during a bud- More online
get discussion with the Asbury Park Press Search “flu” at APP.com to watch a video teaching
on Thursday. how to spot the differences between a cold and
“We’re at almost 20 percent on each.” the flu.
The district is mandated by the state to
cover those services, some of which could
Romance on the Ocean
increase by as much as nearly $10 million
over last year, according to the most recent
estimate.
School leaders are working to send a
message to the state: The district is in a dire Oceanfront Dining
See DEFICIT, Page 4A
Enjoy a romantic candlelight dinner
on the ocean with exquisite cuisine
and live piano music.
~Open Valentine’s Day & Every Fri,
Sat & Sun During February & March
Asbury Park Boardwalk. More online Overnight
Tickets for the appear-
Romance Package
ance, $25 to $150, go on Visit APP.com/apmff
sale at 10 a.m. today via to see more coverage
apmff.org. of the upcoming festi-
DeVito, currently star- val and past shows. Champagne, Strawberries,
ring on the hit comedy se-
ries “It’s Always Sunny in
Dining Credit & more...
Philadelphia,” has earned Available Fri,
Sat & Sun
during
Feb & Mar

Weather Volume 139 | Number 29

The Karolyi Ranch

gymnastics training camp
is under scrutiny. 1B
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2A z FRIDAY, FEBRUARY 2, 2018 z ASBURY PARK PRESS e

TODAY IN HISTORY
Today is Friday, Feb. 2, the 33rd day of 2018. There are
Meet the journalists behind
332 days left in the year. This is Groundhog Day.
On this date in: ‘Protecting the Shield’ series
1887: Punxsutawney, Pennsylvania, held its first
Groundhog Day festival. What led our investigations team to pursue “Pro-
tecting the Shield,” the Asbury Park Press’ deep dive
1959: Public schools in Arlington and Norfolk, Virginia,
into police misconduct in New Jersey? What did it
were racially desegregated without incident.
take to pull this massive, two-year investigation to-
1964: Ranger 6, a lunar probe launched by NASA, gether? What was it like interviewing a convicted kill-
crashed onto the surface of the moon as planned, but er cop?
failed to send back any TV images. Insider members will have the exclusive opportu-
nity to ask these and other questions and to meet the
1971: Idi Amin declared himself Uganda president.
APP Investigative Team and the legislators with the
power to make change, live 6 p.m. Feb. 12, at the As-
bury Park Press newsroom, 3600 Highway 66, Nep-
tune. If you’re a subscriber, you’re an Insider.
LOTTERIES Featured panelists will include Investigations Di-
rector Paul D’Ambrosio, investigative reporters An- The journalists who worked on Protecting the Shield
THURSDAY, FEB. 1 Midday Pick-3: 884 drew Ford, Kala Kachmar, Susanne Cervenka and are, from left, Susanne Cervenka, Andrew Ford, Paul
NEW JERSEY Straight: $254.50 Ken Serrano, and breaking news reporter Alex Ge- D’Ambrosio, Alex Gecan, Ken Serrano and Kala
Midday Pick-3: 735 Box: $84.50 can. State Senator Declan J. O’Scanlon Jr. (R), As- Kachmar. TANYA BREEN/STAFF PHOTOGRAPHER
Straight: $239 Pair: $25 semblyman Gordon M. Johnson (D) and civil rights
Box: $39.50 Midday Pick-4: 8877 attorney Stanley O. King also will attend.
Pair: $23.50 Straight: $2,170 What will it take to fix the system? Join the dis- Visit app.com/insider to get your Insider access to
Midday Pick-4: 8063 Box: $361.50 cussion, which also will be streamed live on Face- this event. Reservations are required. Call 732-643-
Straight: $2,533 Pair: $21.50 book for the general public. 4200 with questions or for more information.
Box: $105.50; Pair: $0 Evening Pick-3: 192
Evening Pick-3: 601 Straight: $235.50
Straight: $285.50 Box: $39
Box: $47.50 Pair: $23.50
Pair: $28.50
Evening Pick-4: 9329
Evening Pick-4: 8122
Straight: $2,540.50 Money
Straight: $3,204.50 Box: $211.50; Pair: $25 New Jersey can’t prevent an
Continued from Page 1A
Box: $267; Pair: $32
Jersey Cash 5: 23, 33,
Jersey Cash 5: 8, 10, 15,
18, 33; Xtra: 2
officer from working unless
35, 41, 42; Xtra: 2 5 of 5 pays $0 Hence the secret separation agreement.
Through months-long open records requests and le-
there is a criminal convic-
5 of 5 pays $0 4 of 5 pays $308
4 of 5 pays $474 3 of 5 pays $12 gal efforts, the Asbury Park Press was able to access tion.
3 of 5 pays $18 NEW YORK those secret agreements in many cases. It identified at
Pick-6 Xtra: 2, 12, 28, 34, Midday Daily: 797 least 68 instances since 2010 in which law enforcement All but five states in the nation can essentially disbar
38, 47; Xtra: 3 Lucky Sum: 23 officers with disciplinary issues were allowed to resign, a troubled police officer, much like lawyers can be
NEW YORK Midday WinFour: 3391 frequently with their town agreeing to drop disciplinary barred from practice. New Jersey does not have a de-
Midday Daily: 485 Lucky Sum: 16 charges and give a neutral reference to future employ- certification process and, as a result, can’t prevent an
Lucky Sum: 17 Evening Daily: 992 ers. At least four of those officers made claims that they officer from working unless there is a criminal convic-
Midday WinFour: 4172 Lucky Sum: 20 were discriminated against or harassed during their tion. In Florida, for example, officers can be removed
Lucky Sum: 14 Evening WinFour: 1878 employment. from service without criminal convictions, for conduct
Evening Daily: 331 Lucky Sum: 24 In the process, the 68 officers collectively banked at such as engaging in sex while on duty. They’re placed
Lucky Sum: 7 Lotto: 7, 20, 22, 24, 46, least $780,000 in payouts, often tied to unused sick on a public decertification list.
Evening WinFour: 7902 54; Bonus: 58 and vacation days, benefits they would normally re- Corter said the public and the profession would be
Lucky Sum: 18 Take-5: 4, 12, 26, 29, 31 ceive if they retired honorably. One officer in Brick better served if there was a formal decertification proc-
Take-5: Late drawing Pick 10: 2, 3, 6, 11, 18, 21, Township who resigned after failing a drug test left ess in place in New Jersey.
Pick 10: Late drawing 23, 28, 29, 34, 38, 45, 47, with $4,165 and his K-9 companion, Kaden, that was “If you can’t perform your responsibilities as a police
PENNSYLVANIA 48, 57, 59, 61, 71, 73, 75 trained in detecting narcotics. The officer, Jeffrey Lem- officer, and it’s proven that you can’t perform it, then
Pick 2 Day: 94 PENNSYLVANIA picki, declined to comment. you should lose the right to have that authority to con-
Pick 3 Day: 964 Pick 2 Day: 42 At least three officers moved on to new jobs in law tinue as a police officer,” Corter said.
Pick 4 Day: 1960 Pick 3 Day: 466 enforcement after facing trouble in one town. An offi- Corter said he was in law enforcement for 37 years,
Pick 5 Day: 83731 Pick 4 Day: 6711 cer’s history of discipline is secret in New Jersey, leav- previously serving as a police officer and detective in
Treasure Hunt: 5, 7, 19, Pick 5 Day: 04090 ing the public unable to know precisely why these offi- Burlington Township, the chief of investigations for
26, 28 Treasure Hunt: 2, 6, 9, cers weren’t wanted or what allegations of wrongdoing Burlington County Prosecutor’s Office and the police
Pick 2 Evening: 35 14, 30 they faced. director for Burlington Township.
Pick 3 Evening: 935 Pick 2 Evening: 71 One of the three, Burlington Township Patrol Officer Separations like the one Corandan entered into are
Pick 4 Evening: 3543 Pick 3 Evening: 520 Mark Corandan, hired in September 2007, was the sub- common across the state, experts say.
Pick 5 Evening: 89390 Pick 4 Evening: 9612 ject of an internal affairs investigation and administra- “When you want a cop to go away, you want the cop
Cash 5: 7, 9, 10, 15, 43 Pick 5 Evening: 52279 tive disciplinary charges dated Nov. 3, 2015, according to go away and not sue you,” said Marc Pfeiffer, assis-
Match 6: 4, 5, 24, 36, 39, Cash 5: 3, 5, 21, 30, 38 to a settlement Corandan entered into with the town- tant director of the Bloustein Local Government Re-
45 Match 6: 13, 16, 18, 35, ship and obtained by the Press. The issues he faced search Center at Rutgers University, New Brunswick,
MULTISTATE 46, 49 aren’t described in the document. and a retired government official who monitored local
Cash 4 Life: Late draw- MULTISTATE Corandan requested a department hearing, but the government spending. “The cost of settling is cheaper
ing Powerball: 4, 7, 14, 46, hearing officer determined his termination should be than the cost of litigating.”
59; Powerball: 22 sustained, according to the document. Town officials, If a cop faces discipline, he or she can often quietly
WEDNESDAY, JAN. 31 though, wanted to avoid the “uncertainty, expense and resign and secure a promise from the town not to bad-
NEW JERSEY burden of litigation” if Corandan appealed the firing, mouth them to a new employer.
the separation agreement disclosed. The township “It’s extremely common in New Jersey,” explained
agreed to dismiss the charges and let him move to a Joseph Blaettler, a former deputy chief of police for
neighboring town’s police department. Corandan is Union City who testifies in court as an expert witness
Correction policy now working as a police detective in Beverly City. He on police policy. “You did X, Y, Z, but it’s easier for us to
didn’t return a call seeking comment. just enter into a separation agreement and you go your
The Asbury Park Press is committed to fairness and There is no indication his tenure in Beverly City has way, we’ll go our way and that’ll be the end of it.”
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request a correction, please call Tamara Wilder (732- made, Burlington Township Administrator Walter J. 30,000 public records for two years to produce “Protect-
643-4200) during the day on weekdays. For Sports Corter said he couldn’t discuss personnel matters. ing The Shield.” These same journalists report daily as
corrections, please call Steve Feitl (732-643-4227). He did say that Beverly City officials know of Coran- watchdogs in the public interest: examining tax spend-
dan’s past. ing, exposing wrongdoing, highlighting advances and
As a longtime law enforcement leader, Corter ex- often inspiring change that makes New Jersey a better
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tween departments given New Jersey’s lack of a decer- local journalism today.
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Kala Kachmar Asbury Park Press
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8A z SATURDAY, FEBRUARY 3, 2018 z ASBURY PARK PRESS
N.J. may spin off pension-fund management
Bipartisan issue revived
after Christie’s departure
Nicholas Pugliese
North Jersey Record
USA TODAY NETWORK - NEW JERSEY
Lawmakers have relaunched an ef-
fort to spin off management of the pen-
sion fund for police and firefighters from
New Jersey’s larger $78 billion pension
system, a move that former Gov. Chris
Christie blocked last year over concerns
that it gave labor unions a “blank check”
to enhance their benefits at taxpayers’
expense.
The bipartisan measure, which is
supported by the four unions represent-
ing police officers and firefighters but
opposed by representatives of munici-
pal and county associations, was ap-
proved unanimously by the Senate state
government committee on Thursday.
It requires several more approvals in
both the Senate and Assembly before it
can be sent to the governor’s desk for a
final endorsement or veto. Unlike last
Shield
Continued from Page 1A
officer for 10 more years, leaving in Au-
gust 2017 on an unspecified medical dis-
ability, according to city records.
Jaques, 39, was the subject of at least
five internal affairs investigations in an
eight-month period in 2001 and 2002,
according to federal civil court records.
He was fired in 2006, but later reinstat-
ed by the Civil Service Commission, rec-
ords show.
At least one of the internal affairs in-
vestigations was handled by his uncle, a
sergeant in the department’s internal
affairs unit, court documents revealed.
Internal affairs complaints accused
Jaques of losing his temper in traffic
stops and allegedly abusing his girl-
friend, bludgeoning a bicyclist and
choking a restrained man unconscious
in the 2001 and 2002 period.
He also had a pending disciplinary
charge for which he received a 30-day
“punishment of record” before officially
leaving the department. The pending
charge was not released by the city.
Jaques had been on medical leave since
May 2017.
One excessive force lawsuit against
Jaques and the Atlantic City Police De-
partment filed in 2016 is pending. The
city refused to release the terms of the
settlement from a second suit.
In its separation agreement with
Jaques, the city said it would give a neu-
tral reference to any future employers
about his tenure as a city police officer.
He didn’t receive payment for any used
time, but the city agreed to support his
request for a disability
pension.
Police accountability
in New Jersey starts and
often ends with the judg-
ment of police chiefs,
who determine if they
Orlando will pursue allegations of
Trinidad misconduct against an
officer. With hundreds of
chiefs across the state and little over-
sight, the quality of that enforcement
varies widely, the Asbury Park Press
found.
From 2010 through 2016, citizens
filed at least 37,456 internal affairs com-
plaints against cops throughout New
Jersey.
No one on the outside knows what
happened with those complaints. The
details of the complaints and any action
taken against police officers are secret.
The internal affairs system in New
Jersey is so broken that attorney Gregg
L. Zeff said he tells clients abused by po-
lice not to bother filing a complaint.
Zeff has pursued police and prison
abuse and defense cases for 30 years in
Pennsylvania and New Jersey, but also
represented police officers in discrimi-
nation claims, whistleblower incidents
and employment disputes.
“Internal affairs is very much like a
human resources department of a cor-
poration,” the Philadelphia-based attor-
ney said. “They’re not there to support
the employee or the citizen; they’re real-
ly there to protect the police.
“In taking your statement, they’re go-
ing to look at you as if ‘why did you de-
serve to get beaten?’ ”
Law abiding officers are done a dis-
service by lacking supervision, accord-
ing to Samuel DeMaio, who took over as
Bloomfield’s public safety director in
2014 after conducting an eight-month-
long study of the department and its
problems.
Two Bloomfield officers went to pris-
on after beating a man during a traffic
stop and lying in police reports.
Orlando Trinidad and Sean Courter
had a history of internal affairs com-
plaints regarding alleged assaults and
excessive force, DeMaio said. But no
one at the department ever reviewed
the allegations.
e
year, when Christie, a Republican, con-
ditionally vetoed the measure, Phil
Murphy, a Democrat swept into office
with the support of organized labor,
now occupies the governor’s office.
A Murphy spokesman declined to
comment on the legislation Thursday.
New Jersey currently manages the
pension funds for several groups of em-
ployees together, pooling the assets and
making investment decisions for all the
funds through the State Investment
Council, whose members are chosen by
unions and the administration.
The new bill, S-5, would transfer
management of the Police and Fire Re-
tirement System, which has more than
88,000 participants and $27 billion in
assets, from the state to a new 12-mem-
ber board of trustees, which would hire
its own executive director, actuary, chief
investment officer and ombudsman.
The panel would be able to change
contribution rates, adjust benefits and
approve cost of living adjustments for
retirees despite pension reforms Chris-
tie signed into law in 2011 restricting
such changes. Seven of 12 trustees
Former Bloomfield police officer Sean Courter had a history of complaints. FILE
Trinidad and Courter “were done an
injustice by this police department,”
DeMaio said. “There were no systems in
place to identify clear signs of the direc-
tion that they were heading in.”
In one brutal example, Trinidad
mocked his department’s mechanism
for watching cops, a lawsuit claimed. In
2013, after beating and almost ripping
the ear off an unarmed man, Rodolfo
Crespo, in the department’s holding
area, Trinidad walked to a nearby sur-
veillance camera, looked up, pointed
and said “IA” — the initials for the police
department’s internal affairs unit, the
man claimed in his lawsuit.
The city settled the Crespo suit, who
claims he suffered a massive laceration
to his right ear, a thoracic spine fracture
and multiple head traumas. They
agreed to a $363,910 payout. As is stan-
dard practice in settlements, no admis-
sion of wrongdoing was made by the
city.
The Bloomfield Police Department in
Essex County knew of at least 37 docu-
mented incidents where Trinidad alleg-
edly used force over eight years — be-
ginning when he started with the de-
partment in 2006. His use of force inci-
dents made up about 27 percent of the
135 force reports documented by all offi-
cers in a 10-year period, one suit
claimed.
Paterson Patrolman Manuel Avila’s
mental health was in question. He was
hospitalized in 2004 after mixing the
sleep aid Ambien with wine, an internal
affairs captain recalled in court testimo-
ny. He was hospitalized again and his
gun was taken away in 2005 after his
worried brother called police. Respon-
ding officers saw Avila go outside in the
winter wearing just a T-shirt and sneak-
ers, appearing agitated.
After swallowing many sleeping pills
and spending five days in a psych ward
in 2007, a psychologist determined Avi-
la shouldn’t carry a gun, court testimony
showed.
“And he should, therefore, leave the
police department,” Capt. Troy Oswald
said in court, quoting from a letter the
doctor wrote.
But Avila was close to his 20th year of
service with the department, a mile-
stone that would entitle him to collect
50 percent of his salary in a pension.
“Officer Avila had 19-and-a-half
years on the department and what I
really wanted to do is let him get to his
20th year,” Oswald testified.
The department reached out to the
doctor again and got him to approve
their plan to have Avila remain on duty –
without a gun – booking inmates.
“(The doctor) felt that there was no
problem of danger to others as long as
he’s just moving prisoners and he’s not
carrying a gun,” Oswald testified. The
chief made a decision to place him in the
cell block watching over prisoners, he
said.
About a month after serving on the
would be union representatives with
the rest appointed by the governor to
represent government employers.
Union officials say that they have
been formulating the ideas in the legis-
lation for years as they have grown frus-
trated with the performance of invest-
ments managed by the state and fees
paid to outside fund managers.
Those officials also blame the state,
which for years has failed to fund the
pension system at a rate recommended
by actuaries, for the slide of the Police
and Fire Retirement System from over
100 percent funded in 2000 to about 65
percent as of last year.
“The reason that we are where we are
today is not because of us and it’s not
because of local government,” Eddie
Donnelly, president of the New Jersey
State Firefighters Mutual Benevolent
Association, said Thursday. “It’s be-
cause of the reckless policies and enact-
ments from state government, from the
governor and the treasurer’s office.”
But representatives of both the New
Jersey State League of Municipalities
and the New Jersey Association of
cell block, Avila was accused of forcing a
woman in custody to perform oral sex
on him.
Avila was later acquitted of a sexual
assault and other charges. But his de-
partment spent nine years and at least
$1.8 million in taxpayer money in an at-
tempt to fire him. The city ultimately
settled by allowing Avila to resign and
seek a police pension.
Avila could not be reached for com-
ment.
The removal was an expensive and
damaging debacle that illustrates the
troubling intersection of psychology
and police behavior. Even when warn-
ing flags are raised, police agencies are
hamstrung when trying to keep trou-
bled officers away from the public.
While the common perception is that
innocent civilians are injured or killed
when a cop “snaps,” that is seldom the
case, peer-reviewed, professional stud-
ies show. Violent, even deadly, tenden-
cies build over time and can be fueled by
police department politics and domes-
tic disharmony, rather than the stress of
policing.
A healthy, well-adjusted officer —
even if exposed to an extreme stressor
— won’t “snap,” said Laurence Miller, a
Florida-based police and forensic psy-
chologist who’s known nationally as an
expert in police psychology. There’s al-
ways a progression of whatever is smol-
dering beneath the surface — even if it’s
overlooked.
How supervisors handle officers who
misbehave, whether it’s major or minor,
sends a message to the rest of the offi-
cers, Miller said.
There’s no law in New Jersey that
governs how a psychologist should eval-
uate an officer or that requires a psy-
chologist have training in police psy-
chology. Standards of conduct vary
across the several hundred depart-
ments in the state.
“You get into situations where com-
pletely untrained, unqualified psychol-
ogists are putting their two cents in for
purposes of these appeals,” police psy-
chologist Matthew Guller said. “I would
never do a child custody evaluation or
even a business assessment. It’s not my
specialty. It’s like a tax lawyer taking on
a divorce.”
Guller is a partner at the Institute for
Forensic Psychology based in Oakland,
a firm responsible for psychological
testing for more than half of the state’s
police departments.
Although New Jersey doesn’t man-
date psychological screenings for offi-
cers, it’s considered a best practice,
Guller said. Most departments in the
state do screen new hires or transfers,
especially officers who carry weapons.
The way a department handles mis-
conduct, enforces its rules and instructs
its officers — or doesn’t — influences po-
lice conduct, according to a 2004 report,
“Organizational Culture and Police Mis-
conduct,” by University of Virginia
Counties testified against the bill Thurs-
day over concerns that it transfers man-
agement of the pension fund to police
and fire unions while leaving taxpayers
on the hook for the associated risks.
John Donnadio, executive director of
the association of counties, pointed out
that local governments — and by exten-
sion taxpayers — will contribute nearly
three times more money toward the Po-
lice and Fire Retirement System in 2018
than the members themselves.
Donnadio and Michael Cerra, assis-
tance executive director of the League
of Municipalities, asked lawmakers to
amend the bill to establish an equal bal-
ance between union and employer rep-
resentation on the board and to add oth-
er provisions to make it harder for the
board to enhance member benefits. “If
these amendments are not amenable to
the committee or to the sponsor … then
we would recommend that the plan be
then changed to become a defined con-
tribution plan,” Donnadio added.
The bill will be considered by the
Senate Budget and Appropriations
Committee on Monday.
School of Law Professor Barbara E. Ar-
macost.
When an incident of police miscon-
duct becomes public, departments tend
to distance themselves from the officer
by characterizing them as “rogue” in-
stead of looking at the organizational
norms and policies that framed the
cop’s judgment in the first place, Arma-
cost said.
A police officer’s stress comes more
from the police organization than the
job itself, a body of research that began
in the early 1990s has consistently
shown.
By nature, police officers don’t make
decisions as individuals. They’re em-
bedded in organizations adherent to a
chain of command. If an officer is told by
a superior to do something he or she
thinks is wrong, the officer must decide
to defy authority or obey the superior.
Both decisions could carry punishment
and send a confusing message, accord-
ing to Armacost.
Favoritism during the disciplinary
process — because of friendships, polit-
ical associations and nepotism — sig-
nificantly contributes to lower officer
performance, according to the study
“Organizational Stressors and Police
Performance,” by Jon M. Shane, an as-
sociate professor at the John Jay College
of Criminal Justice in New York.
One of the most effective philoso-
phies for managing police behavior is
one that supports its officers, but in re-
turn they can’t betray the trust, Miller
said. Officers can’t expect the depart-
ment to defend misbehavior.
“It’s a hard, thin line to walk on,” he
said.
Scholars say that personality is only
one element of what might play into po-
lice aggression or misconduct, accord-
ing to a 1994 National Institute of Jus-
tice report, “The Role of Police Psycholo-
gy in Controlling Excessive Force,”
which experts say is still relevant today.
“If you start out with a thin-skinned,
self-entitled attitude, even the slightest
amount of pushback on the part of the
citizen may elicit an overreaction,” Mil-
ler said. “Because that officer by nature
takes everything personally, (he or she)
has not put on that objectivity and pro-
fessional detachment.”
The report also found that most po-
lice psychologists said they were more
likely to be involved with counseling
and evaluating officers as a response to
an excessive force incident rather than
training and monitoring behavior for
prevention.
Pre-employment psych evaluations
will catch most individuals with major
personality disorders, like a sociopath,
or a person who lacks a conscience, Mil-
ler said.
Some may squeak by, but it’s more
common to see officers who have less
severe traits that resemble characteris-
tics of antisocial, narcissistic and para-
noid disorders pass the evaluation, he
said. These individuals tend to be a little
bit damaged going in, but not necessar-
ily noticeable. Sometimes years on the
job can bring those issues to the surface
or exacerbate the traits, according to
Miller.
Avila, the former Paterson cop, is ap-
pealing to the state for a $72,000 annual
pension, which would include credit for
the six years he was suspended.
Because Avila was not convicted at
trial, and since New Jersey has no police
officer decertification process, his sta-
tus is no different than any of the other
33,000 police officers in New Jersey.
And if Avila forgoes retirement, he is
free to seek another policing job.
Asbury Park Press reporters dug into
more than 30,000 public records for two
years to produce “Protecting The Shield.”
These same journalists report daily as
watchdogs in the public interest: expos-
ing wrongdoing and often inspiring
change that makes New Jersey a better
place to live. Follow their work at
APP.com and support local journalism.
ASBURY PARK PRESS z OCEAN EDITION APP.COM

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5 ways to fix
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SUPER Kala Kachmar and Andrew Ford
Asbury Park Press
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FEVERFor Philadelphia Eagles and New England Patriots fans,

today is the day they’ve been waiting for.
This is a part of “Protecting The Shield,” a two-year
Asbury Park Press investigation that probes gaps in po-
lice accountability, which can harm citizens and cost
New Jersey taxpayers millions of dollars.

Since 2010, more than $42 million in taxpayer money

For the Eagles, it’s a chance to finally win a Super Bowl,
chase away the ghosts of decades of brutal heartache and
revel in an improbable playoff run led by backup quarter-
back Nick Foles (left) . For the Patriots, it’s a chance to win
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And for everybody else, it’s time for nachos, prop bets
and arguing over which commercial was the funniest.
The game — at U.S. Bank Stadium, where skiers pass by
an ice sculpture of the Roman numeral LII (top) — starts at
6:30 p.m. on NBC. Much more in Sports, Section C.
has been paid quietly to settle allegations of police
abuse ranging from deaths to harassment.
The police oversight system that is supposed to keep
citizens and police officers safe from rogue cops has
glaring gaps. Without change, millions more taxpayer
dollars will be spent to keep under wraps claims of ex-
cessive force and abuse of police powers.
In its two-year investigation of New Jersey’s system
for police accountability, the Asbury Park Press identi-
fied five critical areas that police leaders and state law-
makers can address immediately to protect the public
from bad cops, build public confidence in police work,
curb the public cost of litigation and ensure the safety
See COPS, Page 5A

More online
Search “Vinny Curry” at APP.com to learn all about
Share your thoughts
the Neptune High School graduate playing for Write a public Letter to the Editor to yourviews
the Eagles in today’s game. @app.com or contact the reporters of this series
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AND AP PHOTOS

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Visit APP.com /theshield to read the entire eight-part
Protecting the Shield series and watch dramatic
videos of problem police.

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Cops Filing a complaint “If you don’t do an investigation with integrity, in

Continued from Page 1A z Remain calm during interactions with police anything you do, you can skew results.”
and follow an officer’s orders. Refer to Robert Bianchi
of the men and women in law enforcement who risk nj.gov/oag/safestopnj/ for more advice on how Former Morris County prosecutor
their lives every day. to conduct yourself during a police stop.
Change has happened recently on a small scale. z If you feel you were wronged by an officer, you
Consider: should start by filing a complaint with the offi- officers investigate fellow officers, an investigation
z Voters in Tinton Falls in November tossed out the cer’s department. Complaints must be taken at can be abused as a weapon to taint or fire political ri-
mayor, who was also the township’s former police any time of day in person, over the phone, in vals within a department, said Edison Police Chief
chief, after the Asbury Park Press exposed $1.1 million writing via mail or email, and can be made by an Thomas Bryan, who said he was once on the political
in whistleblower payments to police officers who were individual or third party, regardless of age, im- end of an internal affairs investigation that led to a
harassed after turning in a colleague. migration status or anonymity. Someone at the suspension.
z The FBI in November arrested the department must be available at all times to THE SOLUTION: Citizens and officers alike would
now-former Bordentown Township po- help with your complaint. be kept safer if prosecutors’ offices conducted audits
lice chief on charges of harassing Afri- of investigations, improved training resources and
can Americans and assaulting a black z For information on how to file a complaint with standardized internal affairs training, procedures and
suspect. the New Jersey State Police, visit: punishment.
z The Bloomfield Police Department www.njsp.org/information/complaint.shtml “In reality, the attorney general puts out this model
cleaned house, reformed its internal af- z If you’re not comfortable making a complaint policy, but it’s almost like for show if they don’t con-
Sheila fairs function and made professional to a police department, you may file a complaint duct some kind of audit,” said Lou Reiter, who retired
Oliver policing its top priority after two rogue with the county prosecutor’s office. Contact as deputy chief of the Los Angeles Police Department
cops went to jail. information for prosecutors’ offices: in 1981 and trains police departments all over the coun-
Lt. Gov. Sheila Oliver has called on the Attorney www.nj.gov/oag/dcj/county-prosecutor.html try on internal affairs best practices. “The attorney
General’s Office to investigate all police-involved general (in New Jersey) leaves a lot of the power to the
shootings. In most cases, county officials investigate z If you aren’t satisfied with a local department’s county prosecutors.”
such deaths. response, contact the local internal affairs offi- Internal affairs failures can lead to abused citizens,
“I think that the public is deserving of transparen- cer working on the case, or his or her supervisor create public distrust in police officers, waste taxpayer
cy,” Oliver said. if the officer doesn’t respond. dollars and ruin careers with bad results, such as falsi-
“I think there is great interest in doing social justice z If you aren’t satisfied with the department’s fied records and malicious prosecution, said Robert Bi-
reform and criminal justice reform in this state,” she response, you can notify the county prosecu- anchi, the former Morris County Prosecutor and a
told the Press shortly before the November election. tor’s office. practicing civil rights and police practices attorney.
Here are five ways New Jersey’s police accountabil- “If you don’t do an investigation with integrity, in
ity system can be fixed: z If the issue still isn’t resolved, reach out to the anything you do, you can skew results. I’ve seen the IA
Office of the Attorney General at 833-4-SAFENJ function used by some larger departments as a politi-
1) End secret settlements or online at www.safestopnj.com/complaint. cal tool,” Bianchi said. “If you’re on the ‘A’ team, you can
and ban ‘no talk’ clauses z If you tried these steps and still aren’t satis- do whatever you want and IA will protect you. If you’re
fied, you can try calling the FBI at 1-800-CALLFBI on the ‘B’ team, you could have a slight violation and
THE PROBLEM: Millions of tax dollars are spent (1-800-225-5324). they will find a way to get you out of the department.”
each year to settle allegations of police abuses. These Leaders in the Bloomfield Police Department,
settlements are generally made behind closed doors which since 2015 has undergone top-to-bottom reform
with insurance carriers. In other cases, rogue officers and changed its culture of misconduct, have taken a
are quietly pushed off the police force with secret sep- proactive approach to accountability, Public Safety Di-
aration agreements that offer incentives for a quiet de- charged with crimes. rector Samuel DeMaio said.
parture and assurances that the town will not give a Record keeping was also shoddy, with summary re- DeMaio created internal review boards that, on a
bad reference for future policing jobs. In nearly all ports sent to prosecutors that sometimes don’t add up. monthly basis, assess all use of force reports, acci-
cases, once a settlement is made, the victims of police Prosecutors seldom look at internal affairs unless an dents and police pursuits.
abuse are banned from telling their stories due to con- officer commits a crime or some other legal issue calls “Those review boards are invaluable – and not just
fidentiality agreements towns require in each settle- for a higher level of oversight. because it gives us a snapshot of what the officers are
ment. This impedes reform if the problem cannot be New Jersey boasts some of the strongest internal doing,” DeMaio said. “Having that board forces the
discussed openly. affairs guidelines in the country, experts say, but the commanders of the department to watch the body
THE SOLUTION: Make it a law that all settlements policies are meaningless without enforcement and camera video, watch the dash cam video, read the re-
and separation agreements with public bodies are oversight by an outside agency. There are 466 munici- ports, review the reports and look for problems – for
openly announced at public meetings and advertised pal police departments in the state, most with 23 or every police pursuit, every motor vehicle accident, ev-
in legal notices, as if the town passed a new ordinance. fewer officers.
Once the public can see the allegations, the cost of the Because the internal affairs process is secret, where See BOARDS, Page 6A
settlement and the names of the defendants, reform
will follow.
Change happened in Tinton Falls be-
cause a secret settlement became pub-
lic.
When 93-year-old WWII veteran Vi-
to Perillo learned from a Press story last
year about the $1.1 million police payout
in the township, he got involved in poli-
Vito Perillo tics.
“That’s what ticked me off, actually,”
he said of the lawsuits.
He ran for mayor, channeling frustration about the
whistleblower settlements as part of his platform. He
defeated Gerald Turning Sr., a powerhouse incumbent
and former police chief who headed the department at
the time of the internal police allegations. The town
made no admission of wrongdoing in the settlement.
Modest police reforms will be part of Perillo’s ad-
ministration, he said. He’s interviewed borough ad-
ministrator candidates who have experience with law
enforcement and salary negotiations.
Members of two close families, including the Turn-
ing family, occupy several positions of power in town,
and Perillo said he might put rules on the books to limit
nepotism.
The defeat of an entrenched politician by a plucky
idealist shows how change in New Jersey towns is pos-
sible when the public is aware of what their govern-
ment is doing. Perillo rode a wave of taxpayer outrage
into office.
The taxpayers have every right to know how their
tax money is being spent, said open records advocate
John Paff, who writes a blog and occasionally sues
towns for public documents. “I think it’s against public
policy for the town to insist: ‘We’ll pay you some mon-
ey, but you’ve got to keep quiet about how much mon-
ey you got.’ ”
Andover Township has an ordinance requiring an
announcement when lawsuits against the township
are settled, a standard Paff considered a strong model
for the state.
“I think litigation is really important,” Paff said. “It’s
not just the money, it illustrates or it brings to the pub-
lic attention allegations of wrongdoing by a municipal
official.”
HOW YOU CAN GET INVOLVED: Ask your town
leaders to adopt an Andover-like sunshine ordinance.
Use the Open Public Records Act to force your local of-
ficials to reveal all lawsuit settlements for the last five
years if they won’t tell you. And ask the governor and
your local lawmakers if they will support a bill to make
all agreements publicly known.

2) Beef up internal affairs oversight

THE PROBLEM: Who oversees the overseers? More

than 64,000 complaints from residents and other offi-
cers were filed with police internal affairs departments
across the state since 2010. Most complaints were dis-
missed, the Press found. Any detail on the outcomes is
not available to the public unless the officers were

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Please visit our

Boards
“It goes back to the
website for all our Continued from Page 5A
integrity of the police
monthly specials! ery police assault.”
Since 2015, demeanor complaints
officer, the integrity of the
against officers have been reduced by 39 system.”
percent, he said. Joseph Coronato
New Jersey needs a strong attorney Ocean County prosecutor
general to set the vision and the tone for
police accountability, Bianchi said. That
includes making sure prosecutors’ of- standard for drug testing.
fices staff individuals who understand “It goes back to the integrity of the
criminal law, civil rights law and police police officer, the integrity of the sys-
practices. tem,” Coronato said.
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chi said. late one after the Press raised the issue
w w w. w i n e c e n t e r s n j . c o m HOW YOU CAN GET INVOLVED: in September. No policy has been an-
Call the attorney general’s office, the nounced so far.
governor’s office, your lawmakers and On average, one of 10 working adults
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THE SOLUTION: With opioid use was never reported to his de-
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was slurring his words. The officer was sent to Guller
for an evaluation, but there was no mechanism in
place to require that any officer notify the department
about taking potentially dangerous medications.
“Random drug testing with punitive measures is ef-
fective at weeding out problematic individuals,” Guz-
zardi said. “But random drug testing with therapeutic
intervention is a very effective way of dealing with
people who have drug and alcohol problems.”
HOW YOU CAN GET INVOLVED: Call the Attorney
General’s Office at 609-292-4925 and raise this issue
about mandating random drug testing in all depart-
ments. Talk to your municipality’s governing body and
police chief about its policy for random drug testing for
police officers.
4) Implement a statewide
early warning system
THE PROBLEM: Domestic and discipline issues in-
volving cops can turn deadly.
The fatal 2015 shooting of Tamara Wilson Seidle by
her enraged ex-husband, former Neptune Police Sgt.
Philip Seidle, exposed a critical flaw in police oversight
statewide when it came to domestic issues, according
to a special report issued by Monmouth County Prose-
cutor Chris Gramiccioni in 2016.
Gramiccioni has implemented an early warning
system that flags officers for review by the prosecu-
tor’s office if they are: involved in a domestic violence
incident; are sent for a fitness for duty evaluation; dis-
armed by the chief; subject to three citizen complaints
within six months; or similar incidents.
Since the implementation of the policy in June
2016, the office has received 29 notifications, Gramic-
cioni said in September. Flagged officers are reviewed
by the prosecutor’s staff, First Assistant Prosecutor
Lori Linskey said. There are roughly 1,900 police offi-
cers in Monmouth County, according to pension data.
There may be an independent investigation by the
prosecutor’s office, or they may make recommenda-
tions based on discussions with the officer’s depart-
ment. In one example, Linskey said an officer who had
numerous citizen complaints was sent for additional
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How you can get involved
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them know your feelings about a police decerti-
fication process.
Gov. Phil Murphy: 609-292-6000, or email
through http://nj.gov/governor/contact/
Lt. Gov. Sheila Oliver: 609-292-6000, or email
through http://nj.gov/governor/contact/
Attorney General Gurbir Grewal: 609-292-4925
or email through http://www.state.nj.us/lps/
email.htm
Outside Monmouth County, much of New Jersey re-
mains a patchwork of varying standards that largely
depend on the individual vigilance of the leaders of the
hundreds of municipal police agencies in the state.
A good early warning system, which can be a “pow-
erful accountability tool,” should track more than just
complaints against officers, according to Samuel
Walker, a professor who studies police early interven-
tion at the University of Nebraska Omaha. Flagging
use of force incidents and resisting arrest or obstruc-
tion charges can be indicators that an officer has vio-
lent tendencies. Excessive use of sick leave can be an
indicator of substance abuse, he said.
The data has to be accurate and timely to be effec-
tive, Walker said, but most importantly, leaders need
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to have an accountability mindset.
“You have to understand what the system can do
and why it’s important,” he said.
The president of the County Prosecutors Associa-
tion of New Jersey, Warren County Prosecutor Richard
Burke, said most New Jersey prosecutors have imple-
mented an early warning system policy like Mon-
mouth County’s, though he couldn’t be specific as to
how many or what those policies entailed.
“I think that’s a good idea to have them,” Burke said
of early warning policies. “Have some early warning
types of criteria you can take a look at for these people
and help them before there’s any issues that arise.”
HOW YOU CAN GET INVOLVED: Report any pos-
sible police abuse or domestic violence you may know
about to the local police department or county prose-
cutor’s office. The law allows you to remain anony-
mous. If the police department will not take your
anonymous complaint, file with the county or the state
Attorney General’s office.
5) Ban problem officers
THE PROBLEM: Bad cops, unless they are convict-
ed in court, can move from department to department.
There is no method for decertifying a rogue cop.
Nearly all other states have a process to ban prob-
lem cops. Florida even makes its list of bad cops pub-
lic.
THE SOLUTION: The state already bans officers
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Long Branch residents
get the gift of warmth
Dan Radel
Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
LONG BRANCH – Hundreds of coats
were given out Thursday to families
who could use some extra layers of
warmth this winter.
“We saw there was a need. Some
kids are going around in just sweat-
shirts,” said Bill Dangler, who orga-
nized the event for the local chapter of
the NAACP.
Dangler is the chapter’s president
and a candidate for City Council.
The coat giveaway was held at the
Amerigo A. Anastasia Elementary
School. Principal Francisco E. Rodri-
guez called it a “positive event for the
community.”
The roughly 350 coats of both adult
and children sizes were donated by
Ban
Continued from Page 7A
from policing who fail drug tests. A sim-
ilar list could be made for officers deter-
mined to be unfit to serve.
Burke, president of the County Pros-
ecutors Association, approved of such a
list and supports a national registry of
banned cops.
“If there was a central registry some-
where, once it was determined by the
normal course of events here in New
Jersey that someone should not be a
police officer anymore and there’s a
central place that somebody could go
throughout the state, throughout the
country to look, that would be great,”
Burke said.
The executive director of the New
Jersey State Association of Chiefs of
Police approved of a system of greater
scrutiny to ban problem cops.
“We have long sought some sort of
agreement to come up with a rational
system, going back probably 18 years,”
Mitchell C. Sklar said. “We obviously
want a fair, equitable robust system.
But there should be a way for those few
bad apples to be weeded out as long as
their due process rights are complied
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States such as Delaware and Florida
have statewide systems for scrutinizing
problem cops.
“If you can’t cut it as a cop we want
you decertified,” said Jeffrey Horvath,
executive director of the Delaware Po-
lice Chiefs Council. “If you’re unethical
or immoral, we don’t want you in this
I AM SPORT AWARD
line of work.”
The threat that a powerful state
agency could revoke a cop’s certificate,
sometimes called a “ticket,” can im- The I AM SPORT Award recognizes high
prove officer behavior. school athletes who are committed to giving
“Because you know that there’s this
set of eyes that control your ticket and if back to the youth in their communities.
your ticket’s pulled, you cannot earn a
living anywhere in the state of Florida The winner will be announced at the
as a law enforcement officer,” said Mi- Asbury Park Press Sports Awards.
chael D’Angelo, a retired police captain
who served 23 years in South Miami
and now testifies as an expert in court.
Asbury Park Press reporters dug NOMINATE A STUDENT ATHLETE BY FEB 19
into more than 30,000 public records
for two years to produce “Protecting S P O R T S A W A R D S . A P P. C O M
The Shield.” These same journalists re-
port daily as watchdogs in the public
interest: examining tax spending, ex-
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that makes New Jersey a better place
to live. Follow their work at APP.com
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Asbury Park Press ❚ SUNDAY, FEBRUARY 11, 2018 ❚ 1A A e
APP.COM

Wrestler,
coach
battle
addiction

MERRY ECCLES/USA TODAY NETWORK

SPORTS, 1C MARCH 19

MURPHY CAMPAIGN TRACKER

The ASBURY PARK
PRESS STAGE at the
TheBASIE.ORG
A NONPROFIT ORGANIZATION
732.842.9000

And so it begins...
Can Murphy
The election’s over and it’s time to start tracking the promises
Governor Murphy campaigned on. How many can he keep?

keep
G promises?
Dustin Racioppi The Record/NorthJersey.com | USA TODAY NETWORK - NEW JERSEY

ov. Phil Murphy made a lot of promises while running for gov-
ernor. Now he has to try to fulfill them. We have compiled a list

02.11.18
of those promises and are publishing them here as a way of
informing the public and to hold Murphy accountable.

This list, which includes only a por- “Everything we’ve talked about this

@ISSUE, 1AA
tion of his promises, is culled from
statements Murphy made during the
campaign or posted on his website. We
will update this list as needed with the
status on these promises as Murphy
moves through his tenure.
Promise: Pass a millionaire’s tax
Murphy has supported raising taxes
on New Jersey’s highest earners for a
while, and he has not moved off his po-
sition despite wavering by other Demo-
cratic leaders.
entire campaign is to back the truck up
and get back to reinvesting in the mid-
dle class and asking those, the biggest
among us, the wealthiest among us, to
pay their fair share,” Murphy said in No-
vember.
Unlike past attempts by Democrats
to pass a tax on high earners, Murphy
said on MTP Daily on Jan. 17 that he
wants a true millionaire’s tax.
See PROMISES, Page 4AA

A royally good time

at Albert Music Hall
★★ ★
Frankly Speaking grass music? I’m not even sure what it was.
Steve Frank But a trip to Albert Music Hall on Wells
Asbury Park Press Mills Road in Waretown changed all that.
USA TODAY NETWORK – N.J. Every Saturday night, this little hall
showcases five or six bluegrass groups.
SAVE UP TO

You can’t fool me. Even as a kid, I didn’t
buy into Santa Claus or the Easter Bunny.
Now Bigfoot? That’s a different story. I’m
down with Aliens and Loch Ness mon-
sters. Hey — I’ve seen the real-life pictures.
I could even buy into an occasional mer-
maid. But until last week I was up in the air
about the Jersey Devil. Who knew he liked
bluegrass music? Who knew I liked blue-
$1,898
Maybe you’ll catch the Glimmerglass
Band’s version of “Choctaw Hayride”. Or
the Piney Hollow Drifters in revolutionary
era garb featuring Sylvia on the hammered
dulcimer. If you go through life missing a
good hammered dulcimer — well, it’s on
you!
Elaine and Cimmaron Sky perform at the Albert Music Hall
See MUSIC, Page 4AA in Waretown in 2017. FILE PHOTO

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PROTECTING THE SHIELD

APP INVESTIGATION A USA TODAY NETWORK
INVESTIGATIONON

Lawmakers
vow to root
out bad cops
State attorney general promises
to improve police accountability
Andrew Ford, Susanne Cervenka and Alex N. Gecan
Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

Lawmakers in both parties vowed this week to

tighten laws to root out bad cops and fix problems with
HOUSING TAX DOLLARS GO police oversight after reading the Asbury Park Press’
investigation, “Protecting the Shield.”

UPSCALE
Prominent legislators, including a former sheriff, in
the state Senate and Assembly pledged several ac-
tions, all recommended by the series. The lawmakers
say they will introduce bills or push for executive
branch actions that will: make all lawsuits against the
government transparent to the public; order manda-
tory random drug testing for police officers; create a
Money for low-income housing goes centralized list of bad cops found unfit to serve; and
ask county prosecutors to conduct annual reviews of
to luxury development in Lakewood internal affairs investigations by local police depart-
ments.
The top law enforcement figure in the state pledged
Stacey Barchenger and Shannon Mullen
Asbury Park Press
to improve police accountability, stressing the impor-
USA TODAY NETWORK - NEW JERSEY tance of trust between law enforcement officers and
the communities they serve.
“While the overwhelming majority of officers work
More LAKEWOOD – Millions of federal tax dol-
hard each day to maintain that trust and promote dia-
lars earmarked for the township's low-in-
online come housing program were loaned to a pri- logue, clearly more can be done and we are actively
vate school, which later provided the land reviewing how we can improve that process,” Attorney
Search “Lake-
and money for a luxury home development, General Gurbir Grewal said Friday in a written state-
wood hous-
an Asbury Park Press investigation found. ment sent to the Press.
ing” at
The housing program and the boys' “A vital component of that trust is also increased
APP.com and
click on this school, Tashbar of Lakewood, are run by the
same man, Rabbi Meir N. Hertz. See LAWMAKERS, Page 11A
story to
watch a video Hertz is the CEO of the Lakewood Tenants
explaining Organization, a nonprofit that receives about More online
how the mon- $1 million per year from the federal govern- Rabbi Meir N. Hertz Read the entire series at APP.com/theshield.
ey moves. ment to run the township's Section 8 housing RUSS DESANTIS/CORRESPONDENT
Plus join con- voucher program for low-income renters.
versation on Land and tax records show the tenants' or- Top: A subdivision of 30 luxury

Presidents
Facebook. ganization has made two loans, totaling $4 homes called Emerald Hills is
being built in Lakewood.

Day Sale
See UPSCALE, Page 6A
SQUAN
THOMAS P. COSTELLO/STAFF PHOTO

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the governor pitching his idea to help New Jerseyans CHOICE
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tie’s national political ambitions. Choose New Jersey three years ago.
Murphy has taken no action against Choose New The new governor’s transition advisers affirmed OCEAN & TOMS RIVER
Jersey, which was established in 2010 at Christie’s their support for Choose New Jersey in a report issued Mon-Wed-Fri: 10am to 9pm
urging and is headed by Michele Brown. The longtime Jan. 26, noting that the nonprofit represents some of Tues-Thurs-Sat: 10am to 6pm
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Lawmakers Open Public Records Act requests, including Atlantic

City. Some complied only after the threat of litigation
each county prosecutor’s office conduct annual re-
views of local internal affairs investigations. Most po-
from the Press, while one insurance carrier demanded lice departments have 23 or fewer officers and the
Continued from Page 1A the payment of thousands of dollars for “research” prosecutor does not usually review complaints against
fees. officers unless there is a chance a crime has been com-
accountability, which means that we must ensure fair Eliminating non-disparagement clauses in settle- mitted by an officer.
and impartial investigations whenever there is a criti- ment agreements may actually cause more problems, “The county prosecutor’s office has to review all of
cal incident such as a police-involved shooting or mo- such as defamation suits, Hayducka said. them on an annual basis and denote patterns that
tor vehicle accident, or when there are allegations of State Sen. Vin Gopal, D-Monmouth, said he’s re- need correction,” Weinberg said. “Whether it’s further
officer misconduct,” he said in the statement. viewing issues raised by the Press investigation. training – further firearms training, whatever needs to
Grewal pledged to examine “what further safe- “The Asbury Park Press report brought up some val- be done – and the prosecutor’s office should be doing
guards are needed, what reporting mechanisms are id concerns,” he said. “I’m talking with my legislative that.”
used, and how the information is reviewed.” colleagues, stakeholders and community members to The chiefs association did not object to the concept
Some police officers are open to change. The determine what steps can be taken.” of increased county oversight but suggested that there
spokesman for the New Jersey State Association of Democratic Gov. Phil Murphy didn’t respond to re- could be hurdles in implementation.
Chiefs of Police professional association said the quests seeking comment on the issues highlighted by “I don’t think anyone would be opposed to it,” Hay-
group would be open to a process that would officially the series. Staffers for state Senate President Steve ducka said, but “realistically, there is not enough man-
bar bad cops from police work. Sweeney, D-Gloucester, said he is still reviewing the power and not enough finances to do that as a full-
New Jersey is one of six states that has no method Press series. Assembly Speaker Craig J. Coughlin, D- time, it would be a full-time job.”
to bar bad police officers from future police work, short Middlesex, and New Jersey State Police Benevolent
of a criminal conviction. The Press identified three of- Association President Pat Colligan didn’t respond to Monmouth County drug testing
ficers who faced discipline in one department and requests for comment.
moved on to another. After the Press identified at least 30 Monmouth
One county has already taken steps to close a loop- Lawmakers address police accountability County police agencies with no policy for random drug
hole exposed by The Shield series. The Monmouth testing, the county prosecutor’s office implemented a
County Prosecutor’s Office implemented new county- The Press found more than 100 New Jersey police uniform drug testing policy for municipal police de-
wide standards that call for mandatory random drug departments which don’t have a policy mandating partments.
testing of all officers. random drug testing. The policy, provided in response to a public records
The Asbury Park Press investigation, published Gopal said the state Senate will pursue making drug request, requires departments to conduct random
Jan. 22, revealed more than $42 million in taxpayer testing mandatory for police officers. testing at least “bi-annually.” It doesn’t set a minimum
funds spent this decade to hush allegations of police O’Scanlon felt consistent random drug testing for for the number of officers tested each time.
abuse. The Press also found settlements involving po- police officers was “an easy, no-brainer.” The prosecutor and his staff didn’t respond to re-
lice abuse allegations involving 19 deaths, 131 bodily in- “Nobody wants an impaired cop,” he said. quests for details on the policy.
juries, seven sexual misconduct cases and dozens of Johnson raised concern about the cost of such a
other abuse issues. program but was supportive of a statewide random National group supports N.J. change
Three lawmakers said they would increase the vis- testing, which could be brought about by a one-word
ibility of the publicly funded settlements that are often change to existing Attorney General policy. The policy Police abuse lawsuit settlements should be an-
made without public knowledge and often insist on now says departments “may” perform random testing nounced to the public so citizens can monitor officers,
the silence of the citizens involved. rather than “shall.” according to the executive director for the National Po-
State Sen. Declan J. O’Scanlon Jr., R-Monmouth, “Random drug testing, I think, is a good idea,” he lice Accountability Project, a guild of lawyers working
said the series “inspired” him to examine police ac- said. to end police misconduct.
countability issues. The chiefs’ association was not opposed to manda- “Information on settlements and civil rights litiga-
tory testing, Hayducka said, but instituting a mandate tion is important so that there can be a movement to
Commitments to increased transparency may not be so simple because the number of officers create police reform in our communities, to prevent
tested can be components of union contracts. civil and constitutional rights of community members
Longtime Assemblyman John McKeon, D-Morris, “Even if you put a law in, it has to pass the Constitu- from being violated,” director Alison McCrary said.
said he would address confidential settlements with tion test,” Hayducka said. “You have to go through the McCrary supported independent audits of internal
the government. His staff said his office is working on proper process and the steps to facilitate that process.” affairs investigations, a process for decertifying offi-
legislation to institute an oversight list of unfit cops Johnson and O’Scanlon agreed to attend the Press’ cers in the same way lawyers or doctors can be banned
and increase the transparency for lawsuit settlements public policy panel discussion Feb. 12 to discuss police from their profession, and mandatory random drug
involving local governments. accountability issues in New Jersey. testing for police officers.
“The law in New York is such that they’re not al- Johnson served as an Englewood police officer for “These are sworn law enforcement (officers) who
lowed to proceed with confidentially as to any public 24 years, as well as Bergen County sheriff and under- have the ability to take someone’s life and I think it’s
entity, regarding any public entity settlement,” McKe- sheriff. Johnson said he’d pursue legislation to require important that we know the officers who are sworn to
on told the Press. “Why should that be the case in New greater scrutiny of police department internal affairs protect and serve our communities are free of any sub-
Jersey? I mean transparency, whenever the govern- investigations by prosecutor’s offices. stances and to ensure that they’re not part of the drug
ment is involved, is essential.” Weinberg supported a Press recommendation that culture of certain cities,” McCrary said.
“I think we should end them,” Senate Majority
Leader Loretta Weinberg, D-Bergen, said of the confi-
dential agreements.
Weinberg, a long-time open government advocate,
has been working on legislation to outlaw nondisclo-
sure agreements in sexual harassment settlements, as
well as bills to update New Jersey’s laws covering pub-
lic records and public meetings.
She committed to pursuing legislation related to the
broader spectrum of government lawsuit settlements,
“to make sure that these agreements are public and
that the public knows about them,” she said.
Deputy Assembly Speaker Gordon M. Johnson, D-
Bergen, also pledged to pursue legislation in response
to concerns about these confidentiality agreements.
“It’s tax dollars being used to pay this settlement,”
said Johnson, a former county sheriff. “So, the folks
who are paying this – taxpayers – should know how
their money is being spent.”
State Sen. O’Scanlon was supportive of exposing
the settlements though he stopped short of a commit-
ment to make change.
“One’s initial reaction is: why should something
paid for with tax dollars be allowed to be kept from tax-
payers?” O’Scanlon said. “But I want to be sure I’m tak-
ing all the impacts into account. So we’re doing our
homework and we’ll get it right.”
A chiefs’ organization believed the settlements
were already accessible.
“In my opinion, they really are not secret – they can
only be kept as confidential as the law allows, and
quite frankly, all you have to do is file an OPRA re-
quest,” said South Brunswick police Chief Raymond
Hayducka, speaking on behalf of the New Jersey State
Association of Chiefs of Police. Hayducka is a former
president of the association and currently serves as its
spokesman.
The Press, however, found that many towns and
their insurance companies often refused or ignored

AP-5000850857
ASBURY PARK PRESS APP.COM

TUESDAY 02.13.18
Senator: Patient
groups were paid
to push opioids
USA TODAY, 1B

PART OF THE USA TODAY NETWORK

$103M lottery
slump a boon
for operator
Change could mean less money
to prop up ailing pension system
Dustin Racioppi
North Jersey Record
PROTECTING THE SHIELD USA TODAY NETWORK - NEW JERSEY
A USA TODAY NETWORK INVESTIGATION
The private company that runs New More
Jersey’s lottery is on pace to reap more
than $1.4 billion in profit — even as online
sales slump and the firm has success- Visit APP.
fully lobbied to lower its promised rev- com and
enue targets for the state by $1 billion. search
In effect, Northstar New Jersey will “lottery” to
be paid more while it provides less rev- see a video
enue than promised to the state by the about how
time its contract expires in 2029. you could
For example, Northstar oversaw a spend
$103 million drop in lottery sales dur- lottery
ing 2017, but was still paid $103 million winnings
in fees and incentives, according to the
lottery’s yearly report.
All that means less money could be
going to prop up New Jersey’s ailing
Man’s family seeks police accountability See LOTTERY, Page 6A
Andrew Ford Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

This is a part of “Protecting The Shield” –

a two-year Asbury Park Press investigation
that examines police accountability issues. Middletown law
would prohibit
In this story, we look at the dispute involv-
ing a rare death in custody.
I’m gonna die.

Timothy Harden exhaled those last
words while restrained by police face down,
his hands cuffed behind his back and his
ankles lashed together.
At least five Howell Township police offi-
cers used force against him, including
kicks, the use of a baton or similar object,
chemical spray and a “compliance hold,”
police records show.
Less than two minutes after telling po-
lice he would die, officers discovered that
38-year-old Harden had stopped breathing.
He soon was pronounced dead at Jersey
Shore University Medical Center.
See SHIELD, Page 4A
MORE ONLINE: Visit APP.com/theshield to see a video and read the entire
“Protecting the Shield” series
marijuana shops
Russ Zimmer Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
MIDDLETOWN - The Township
Committee is planning on introducing
legislation that would prohibit mari-
juana-related businesses in Middle-
town.
Top: Theresa Taylor and Melissa Barna, The ordinance isn’t intended to be
sisters of Timothy Harden (above). voted on, however, at least not imme- Tony Fiore
TOP: ANDREW FORD/STAFF PHOTO;
diately.
This is a strategic move meant to
ABOVE: COURTESY OF THERESA TAYLOR
strengthen the township’s position
Online
should the state legalize recreational Visit APP.
marijuana and set rules on where the com and
associated businesses can set up shop, search
Committeeman Tony Fiore told the As- “marijuana”
bury Park Press. to learn
more about
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Shield
Continued from Page 1A
The circumstances surrounding his
death may have gone largely unnoticed.
Police didn’t initially tell Harden’s sister
that force was used against Harden, his
sister said. The use of force was omitted
from a Monmouth County Prosecutor’s
detective’s report that described how he
informed the sister of the death.
But a funeral director spoke up about
the battered condition of Harden’s body,
Harden’s sisters said. That prompted a
second, private autopsy before he was
cremated. Harden’s sisters later filed a
federal wrongful death lawsuit that
claimed Harden’s civil rights were vio-
lated and his death was caused by ex-
cessive force used by police and others.
That lawsuit did shake loose sub-
stantially more information than the
public is entitled to under state open
records law. The Press obtained nearly
all the records about Harden’s death
that were produced by the prosecutor’s
office for the lawsuit.
Harden’s cause of death was disput-
ed by the two doctors who examined his
body, the Asbury Park Press found. De-
spite initial uncertainty about his man-
ner of death, a county medical examiner
queried investigators, then reached the
conclusion that police were not at fault,
attributing his death to “drug induced
excited delirium.”
The other pathologist, hired by Hard-
en’s family, found that drugs didn’t
cause his death. The pathologist’s find-
ings were included in the family’s law-
suit.
The county medical examiner de-
clined to comment. The family’s pathol-
ogist declined to comment but said he
stood by his findings.
The Press contacted three other doc-
tors to review the public and private au-
topsy results.
The experts pointed to trauma in-
cluding fractured thyroid cartilage, a
tough part of the body that protects a
Cop
Continued from Page 3A
he has been retained to represent Gato.
Billhimer said he is preparing for Gato’s
detention hearing, which is scheduled
for Wednesday. Billhimer declined fur-
ther comment. His client was being held
in the county jail.
Della Fave did not say if authorities
recovered the firearm Gato allegedly
Field
Continued from Page 3A
Toms River High School North, has said
the Field of Dreams will include baseball
field, playground, miniature golf course,
basketball court and walking path de-
signed specifically for special needs
children.
The park is expected to cost about
$2.2 million to develop. Numerous
fundraisers have already been held
throughout the township to help raise
Tunnel
Continued from Page 3A
national significance for which there is
not a minute to lose,” Porcari said. “In or-
der for programs across the country like
Gateway to be successful, we must sub-
stantially increase direct federal invest-
ment in infrastructure.”
The existing tunnel is more than 100
years old and suffered saltwater damage
during 2012’s Superstorm Sandy. Am-
trak, which owns the tunnel, has said
one or both of the tubes – one inbound to
Penn Station, one outbound – could fail
in the next 10 to 15 years.
Datebook
Publication Date
e
A still photo made from police dash cam footage from the day Timothy Harden
died. FILE PHOTO
person’s airway, as an indication that
force was applied to Harden’s neck.
The fracture was noted in the govern-
ment’s autopsy.
Harden’s death came as he volun-
teered at the Souper Groove music festi-
val at the New Jersey Latvian Society
center in Howell over Labor Day week-
end 2015. Documents show he was act-
ing erratically and punched a security
guard, who punched him back.
He was restrained by multiple
guards, at least one grabbing him by the
neck, according to prosecutor’s office
documents. Then Harden was re-
strained by arriving police officers.
Officers struggled with him for about
25 minutes, their voices captured on
dash camera recordings.
Harden warned them four times: “I’m
gonna die.”
Then he died.
The prosecutor’s office stood by the
finding that police weren’t to blame. The
case was presented to a grand jury,
which found that no crime had oc-
curred.
“Mr. Harden died because of a med-
ical condition, it wasn’t because of the
actions of the police officers,” First As-
sistant Prosecutor Lori Linsky said in an
used in the shooting.
The officers found Oleynick at an
apartment on 400 Kettle Creek Road,
Della Fave said. Public records indicate
the apartment is Oleynick’s home.
Government retirement records
show Gato retired in 1994 from service
in Fort Lee. He currently receives an
annual pension of $53,511.72.
Katie Park: @kathspark; 908-801-
4853; kpark@gannettnj.com
Contributing: Alex N. Gecan, Kath-
leen Hopkins.
money for the project.
If you’re unable to attend the town
hall meeting, written comments about
the proposed change of use can be sent
to the Toms River Municipal Clerk’s
Office, 33 Washington St., Toms River,
NJ 08753. A copy of any comments
should also be sent to the New Jersey
Department of Environmental Protec-
tion, Green Acres Program, Bureau of
Legal Services and Stewardship, Mail
Code 501-01, East Street Street, P.O.
Box 420, Trenton, N.J. 08625-0420.
Jean Mikle: 732-643-4050, jmik-
le@gannettj.com
Transportation experts have esti-
mated that taking one of the tubes out
of service would reduce peak-period
trains from 24 per hour to six, leading
to crippling delays along the Northeast
Corridor stretching from Boston to
Washington, D.C.
New Jersey and New York have
committed a combined $5.5 billion,
half of the estimated cost of construct-
ing the new tunnel. The remainder of
the first phase involves replacing a cen-
tury-old rail bridge in northern New
Jersey. New Jersey plans to pay for its
share by raising fares on cross-Hudson
River rail trips, while New York plans to
finance its portion through an annual
appropriation.
Monday Tuesday
Deadline Date Thursday, Friday,
4:30 p.m. 4:30 p.m.
1-877-735-SELL (7355)
interview. “And that was verified by the
investigation and the autopsy. So, I
think that’s an important point to stress
– they were actually there to provide as-
sistance to him, to try to get him medical
treatment.”
A civil trial jury will never have a
chance to sort out the facts. The family’s
lawsuit challenging the official narrative
that police were not to blame was set-
tled in November. Howell agreed to a
payment of at least $350,000, covered
by a taxpayer-sponsored insurance
fund. The Press can’t verify if there were
additional settlements made with pri-
vate parties, including the private secu-
rity firm, named in the suit.
The settlement shows the township
made no admission of wrongdoing. The
settlement bars Harden’s sisters from
talking about the case.
But they did comment before the set-
tlement. And public documents on the
case illuminate the steps authorities
took before and after Harden’s death.
Harden’s passing leaves a family in
grief and no legacy for a name.
“My two daughters have no uncle,”
said Harden’s sister, Theresa Taylor.
“We have no brother. He was the one
that was left to carry our family name.
A manager at a Holmdel LA Fitness gym allegedly fondled an employee and
kept his job for nearly a year before being arrested in July on charges he
groped a gym customer. REALTY INCOME
Groping
Continued from Page 3A
Cordero started working at the gym
March 9, 2016, as a saleswoman. She
noticed Walker ogling women at the
gym, commenting on their breasts,
buttocks and other body parts, accord-
ing to the lawsuit. She said she heard
Walker tell Farley at one point, “I’d hit
that.”
Cordero said she started wearing
baggy sweaters to work in hopes to
avoid attracting attention.
Two weeks into the job, she said,
Walker approached her and asked
about her nails, allegedly saying, “let
me know when you get your (toe) nails
done so I can suck them.”
When she said she wasn’t interest-
ed, Walker allegedly walked behind her,
put his hands on her waist and grabbed
her breast. He allegedly said he had a
dream that he had sex with her.
Cordero said she pulled away, and
Walker allegedly responded, “I’m the
boss around here! If I didn’t like you,
you wouldn’t be working here.”
Walker did not respond to calls and
emails requesting comment.
Cordero said she reported the inci-
dent to Farley and her mother, who
called Holmdel police. Walker was
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He’s not here anymore.”
Little information
After Harden’s death, Howell police
and the Monmouth County Prosecutor’s
Office released scant information.
The fact that five officers had to use
force against Harden wasn’t disclosed
in a statement issued by the prosecu-
tor’s office 10 days after the incident in
response to a reporter’s inquiry about
Harden’s death.
The Press obtained five police dash
camera videos of the encounter through
the state’s open records law. Two more
were withheld. Assistant Prosecutor
Jennifer Lipp wrote that the withheld
videos show officers investigating after
the incident and thus are “a video ver-
sion of a police report and witness
statements,” and exempt from disclo-
sure.
In the available video, the view of the
interaction between Harden and police
is mostly obscured by vehicles. Police
reports indicate that officers took over
restraining Harden after they arrived.
They can be heard struggling with Hard-
en in the videos.
“Stop resisting, put your hands be-
hind your back,” one officer says.
Harden can be heard groaning.
“Stop kicking or you’re gonna get
more s---,” an officer says. “You under-
stand?”
Officers asked him if he had taken
anything, apparently referring to drugs.
An officer noted that he was “stupid
strong.”
About 20 minutes into the encounter,
Harden warns: “I’m gonna die.”
“Relax,” an officer says.
“I’m gonna die,” Harden shouts.
“No, you’re not,” the officer says.
“Help,” Harden yells. “Anybody –
Anybody help!”
Five minutes later, he gives the final
warning.
“You’re not gonna die,” an officer tells
him. “You’re gonna relax.”
Cause of death disputed
The two doctors who examined
See SHIELD, Page 5A
charged with criminal sexual contact
and ordered to have no contact with Cor-
dero.
Farley allegedly discussed the inci-
dent with Walker, and the latter was
transferred to a gym in Clark, according
to the lawsuit. Cordero said she reported
the incident to human resources, but re-
ceived no follow up.
Cordero was fired May 10, 2016.
When she claimed the termination
was unfair and that she had been sexu-
ally assaulted in the workplace, Farley
allegedly said, “that situation shouldn’t
have affected your work.”
Efforts to reach Farley were unsuc-
cessful.
After Cordero’s firing, Walker re-
turned to the Holmdel gym, according to
the lawsuit. He worked there for more
than a year before he was arrested in
July. Holmdel police said he touched a
gym member below the waist.
The lawsuit claims “instead of pre-
venting and remediating the sexual ha-
rassing and hostile work environment
that existed for women at the Holmdel
gym, defendants joined Walker and sent
the message to all women who were em-
ployed or worked out at the Holmdel
gym that they supported defendant
Walker’s unlawful and criminal behav-
ior.”
Steph Solis: @stephmsolis; 732-403-
0074; ssolis@gannett.com
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Continued from Page 4A
Harden’s body agreed on his injuries:
blunt injuries to the neck, head, torso
and extremities. Two independent toxi-
cology tests found alcohol and chemi-
cals indicating recent cocaine use.
When a person consumes cocaine,
the drug breaks down into different tell-
tale chemicals within the body, some of
which were present in Harden.
The two doctors who performed au-
topsies came to different conclusions
about his cause of death. Middlesex
County Medical Examiner Diane Karluk
concluded he died due to drugs, dis-
missing police involvement.
“Although he died while being re-
strained, the role that the restraint may
have played in his death is unclear,” she
wrote in a report.
The death was accidental, she con-
cluded.
Karluk, who performed Harden’s of-
ficial autopsy, was initially unable to de-
termine the “manner” of the death or
determine if police restraint contribut-
ed to his passing.
Two months after examining Hard-
en’s body, Karluk met with Lipp and
three investigators from the prosecu-
tor’s office.
“I explained that based on the infor-
mation that I currently have, I would
classify the manner of death as ‘unde-
termined’ because I could not exclude
the restraint being contributory to
death as I did not know exactly what
each of the persons involved in the re-
straint were doing in the several min-
utes prior to cardiopulmonary arrest/
death,” Karluk wrote in a memo about
the Nov. 5, 2015 meeting. The memo was
shared with the Press before the lawsuit
was settled by Thomas Mallon, the at-
torney representing Harden’s sisters.
She asked for the investigators to
gather specific statements from the offi-
cers involved, according to the memo.
“Specifically, I asked them to clarify
that they were not compressing Timo-
thy Harden’s neck or chest during that
time,” She wrote. “Shortly after the
meeting ended, I additionally emailed
AP Lipp to ask that the officers clarify
that Timothy’s nose and mouth were
not being occluded (blocked) during
that time period. I stated that although I
had the impression that the Howell po-
lice officers were not compressing
Timothy Harden’s neck or chest or lim-
iting the airflow in his nose and mouth
during the restraint, based on audio re-
cordings available from the police as
well as statements by non-law enforce-
ment bystanders, I needed to have
those things explicitly asked about.”
Two medical experts interviewed by
the Press found Karluk’s communica-
tion with investigators to be a normal
practice. A third expert, though, said
he’d never seen such queries done.
Monmouth County Prosecutor Chris
Gramiccioni said generally that a med-
ical examiner gathers facts about a
death and his office interacts with the
medical examiner’s office to provide
such information.
“We don’t sway their decisions,” he
said.
Karluk got the statements she asked
for, documents show.
A Howell police email indicates at
least three of the five officers were told
of the nature of the questions at least
three days in advance.
“These statements or additional
statements are apparently to consist of
a limited amount of questions narrowly
regarding where you were or what you
were doing at the time the subject went
unresponsive,” Capt. Leonard Connors
wrote on Nov. 17, 2015.
Statements from four of the five offi-
cers were obtained by the Press from
court documents. A statement by the
fifth officer isn’t listed among docu-
ments the prosecutor’s office produced
during the lawsuit.
The documents show Det. Daniel
Bozza of the prosecutor’s office asked a
similar series of questions to at least
four of the officers. Each officer gave
similar answers.
“At any point leading up to or when
Mr. Harden became unresponsive, did
you restrict Mr. Harden’s airways by any
means?” Bozza asked each.
The four officers – patrolmen Nicho-
las Austin, Vincent Bonner, James Co-
naty Jr. and Daniel Murphy Jr. – an-
swered the same way.
“No,” they told the investigator.
Bozza asked about putting body
weight on Harden.
Austin and Conaty said they didn’t.
Bonner said he didn’t put his body
weight on Harden, but he did use his
hands to apply pressure to Harden’s feet
when he was flailing.
Murphy said he didn’t put any body
weight on Harden, but also said “Only
when he was combative did I put my
weight on his wrist and forearm which
was located on his lower back.”
Afterward, Karluk determined that
the officers weren’t at fault.
“Based on the entirety of the evi-
dence in this case, it is my opinion that
this man did not suffer a compressional
asphyxial death due to the manual com-
ponents of the restraint performed by
police officers at the time of his death,”
First Assistant Prosecutor Lori Linsky
FILE PHOTO
A still photo made from police dash cam footage from the day Timothy Harden
died. FILE PHOTO
“Accountability. There is no such thing anymore. That’s
what we want. We want accountability and justice.”
Melissa Barna
Timothy Harden’s sister
she wrote in her autopsy report. “As the
excited delirium appears to have been
drug induced, the manner of death will
be classified as accident.”’
After examining Harden’s body, New
York pathologist Zhongxue Hua, who
the family hired, reported in October
2015 that Harden’s cause of death was:
“Sudden unexpected death following
physical restraint complicated by mul-
tiple blunt injuries (of head, neck, torso,
and extremities), petechial hemorrha-
ges (of eyes), and acute intoxication (of
cocaine and alcohol).”
Hua later reviewed video of Harden’s
encounter with police and investigative
reports produced by the prosecutor’s
office and concluded that Harden “died
of acute respiratory failure during pro-
longed physical restraint.”
“Significantly, during the physical re-
straint, Mr. Harden suffered neck com-
pression (with neck muscle contusions,
neck bone fracture, and multiple eye
petechial hemorrhages), which was fur-
ther complicated by his prolonged
prone/rear restraint,” Hua wrote in
April 2016. “His intoxication symptoms,
while the underlying reason of his being
initially restrained, were not the cause
of his death,” wrote in a court docu-
ment.
Experts point to neck injury
Three medical experts reviewed key
documents detailing Harden’s death at
the request of the Press. They all noted
evidence that force was applied to
Harden’s neck, with one calling it a
“chokehold.”
At least one security guard grabbed
Harden by the neck before police ar-
rived, documents show. But Harden’s
continued struggle with police indi-
cates that first chokehold didn’t cause
fatal injury, according to Lawrence Guz-
zardi, a physician and toxicologist
based in Wilmington, Delaware, who
testifies in court as an expert witness.
“It’s obvious that after the initial se-
curity guard attempts to restrain him
that he did not have significant brain in-
jury or cardiac injury or ongoing hypox-
ic episodes,” Guzzardi said. “So, there-
fore, he died during the attempts of the
police to restrain him. Now if their ver-
sion is correct, I don’t understand why
he died during that episode. I don’t un-
derstand how that could have happened
if no compression was put on his neck.”
Guzzardi said that “If the police ver-
sion is accurate, then the cause and
manner of death is extremely unusual.
Of course, if the police version is incor-
rect for any number of reasons then the
most likely cause of death is compres-
sion to the neck.”
Guzzardi said the chemicals and al-
cohol in Harden’s blood were not
enough to cause his death.
He was skeptical of the county med-
ical examiner asking for the police to
make specific statements.
“The medical examiner’s request of
the police – I’ve never seen it in 40 years
of practice,” Guzzardi said.
A California pathologist felt the prac-
tice of a medical examiner consulting
with police wasn’t unusual.
“I don’t think there’s anything nefar-
ious, I think you’ve got people trying to
do their best,” said Burr C. Hartman,
who also testifies as an expert in court.
“She is attempting to find the truth and
she became convinced that they didn’t
intentionally kill this person.”
Hartman said this was indeed a case
of “excited delirium.”
“And contributory to the excited de-
lirium is cocaine and alcohol use,” Hart-
man said. “The cocaine use will put
e APP.COM z TUESDAY, FEBRUARY 13, 2018 z 5A
Thomas Mallon ANDREW FORD/STAFF PHOTO
somebody at risk for the cardiac ar-
rhythmia...and on top of that you re-
strain that person and occlude (block)
their airway, that combination of every-
thing would be enough to trip a lethal
cardiac arrhythmia. But it’s an opinion,
I can’t say for sure.”
Guzzardi felt the injuries to Harden’s
neck cast doubt on the official diagno-
sis.
“Excited delirium is a reasonable di-
agnosis if there was no neck trauma,”
Guzzardi said.
The chemicals in Harden’s blood in-
dicate he consumed cocaine at least a
day earlier, according to Steven Karch, a
cardiac pathologist based in Berkeley,
California, who authored a textbook ti-
tled “Karch’s Pathology of Drug Abuse.”
“I know of no cocaine-related excited
delirium that was ever reported where
there was no cocaine detected,” he said.
Karch was unsure of what killed
Harden but was leaning toward excited
delirium, which can occur without
drugs present.
‘Bloody,’ ‘battered’ and ‘bruised’
The public may never have known
about Timothy Harden.
A police officer visited sister Taylor’s
Brick Township home in the middle of
the night to say Harden died.
“We weren’t told that police were in-
volved,” Taylor said. “Anything like that.
Nothing. It’s just that he’s not here any-
more because he had an ‘altered state of
mind.’ That’s it.”
As Harden’s sisters made arrange-
ments at a funeral home, the funeral di-
rector entered the room looking “white
as a ghost,” Taylor said. His ashen ex-
pression signaled to Harden’s sisters
something was wrong. The funeral di-
rector pulled Harden’s sister, Melissa
Barna, aside and asked if she had seen
her brother’s remains. She hadn’t.
“The next thing I remember him say-
ing is ‘You should A: get a lawyer, and B:
get a private autopsy,’” Barna said.
The funeral director declined to com-
ment when reached by the Press, but
did confirm his funeral home handled
arrangements for Harden.
Later, Barna saw the pictures of
Harden’s body, which she shared with
the Press.
“He’s bloody, he’s battered, he’s
bruised, he’s beaten,” Barna said.
“There’s abrasions, there’s contusions,
and I’m like: ‘That can’t be him. It’s not
allowed to be him.’ But it was. And that
will forever stay with me.”
Harden was a former high school
football star and fitness guru who strug-
gled with alcoholism, but who loved his
nieces, enjoyed working out and listen-
ing to music like Creed, and Guns and
Roses.
Then he was gone. His sisters had to
know why.
That quest took the form of the law-
suit.
“We had no choice but to,” Taylor
said. “They wouldn’t give us any infor-
mation. Nothing. No apologies. No ad-
mittance of guilt, no nothing. So, that’s
the only way we could get information
was by filing a lawsuit.”
Documents exposed by the lawsuit
provide more detail about Harden’s fi-
nal day alive.
Interviews conducted with witness-
es describe Harden as muscular, shirt-
less and sweaty, according to court doc-
uments. He was exhibiting odd behav-
ior. His dance moves at the concert in-
cluded hitting his head on concrete
while doing somersaults.
A festival volunteer reported that
Harden asked her for drugs, though no-
body reported seeing him take any and
police didn’t report finding evidence of
drugs in Harden’s possession or in the
tent he stayed in at the festival.
Security guard Brandon Keith Cruz
saw Harden darting around cars in the
festival parking area, court documents
say he told investigators. Harden
punched Cruz in the left cheek. The
guard punched Harden back, another
witness told investigators. Cruz omitted
his punch from his statement to investi-
gators but described wrapping his arms
around Harden’s chest, according to
court documents.
Though he wasn’t named, another
witness gave a description of Cruz as
the security guard who restrained
Harden by the neck.
“It was the same security guard that
was punched in the face,” that witness
told investigators.
Cruz could not be reached for com-
ment.
He was joined by other security
guards and together they held Harden
down until arriving police officers took
over.
Blood and mucous were in and
around Harden’s mouth, an arriving of-
ficer noted in his report.
Harden had “abnormal, incredible
strength for someone of his size,” Pa-
trolman Conaty Jr. reported. Harden
continued to pull away after Conaty
sprayed Harden with chemical spray.
Conaty’s knee strike to the right side of
Harden’s face “had no effect,” the officer
wrote.
Other officers helped get Harden into
handcuffs. He continued to flail and
kick, Conaty wrote. They put “zip cuffs”
on his legs.
They put a respiratory mask on his
face to stop him from spitting, he re-
moved that by rubbing his face into the
dirt, Conaty wrote.
It appeared he might break one of his
own bones or dislocate a shoulder, the
officer wrote. It appeared he would
break the restraints he was in.
Responding medics were asked to
sedate Harden and they prepared a
drug.
But before they administered it, offi-
cers noticed Harden stopped breathing.
No need for change
Taylor carries a copy of the private
pathologist’s letter saying Harden’s
death wasn’t caused by drugs.
“I keep it with me, just to remind my-
self why I fight this battle every day,” she
said before the settlement.
In an interview in July, Taylor said
they want justice.
“Accountability,” Harden’s other sis-
ter, Melissa Barna, added. “There is no
such thing anymore. That’s what we
want. We want accountability and jus-
tice.”
The officers who interacted with
Harden were cleared not only by a Mon-
mouth County grand jury, but also the
Monmouth County Prosecutor’s Office
and the Howell Township Police De-
partment.
The attorney suing on behalf of
Harden’s family described how Hard-
en’s death shows the hazards of police
force and a lack of oversight.
If “there’s no accountability for their
actions in a situation like Tim Harden,
then it will happen again with some-
body else, somewhere else,” Mallon
said.
Mallon estimated he’s handled 150
cases of “police brutality,” and said, in
general, the leaders responsible for
overseeing internal affairs are aware of
the behavior of their officers, whether
the use of force is excessive or appropri-
ate.
“I think they know what’s going on,”
he said. “I think they’re covering for it.
We’re speaking in generalities now, but
I think there’s a lot of times where they
know what’s going on. Departments
where this happens, it doesn’t usually
happen in a vacuum.”
Howell Police Chief Andrew Kudrick
declined to be interviewed unless he
could see the questions ahead of time,
saying he did not want to walk into “a
potential ambush.” The Press does not
submit interview questions to public
figures ahead of time because it’s im-
portant to have candid discussions on
news events and policy.
In a statement, the chief wrote that
he stood by his officers and that he saw
the story about Harden’s death as a way
to “malign my officers and the depart-
ment.”
Also in the statement, Kudrick took
issue with lawsuit settlements.
“...I am appalled that any amount of
money would be settled upon after offi-
cers have been cleared by a grand jury
and two internal affairs investigation of
ANY wrongdoing,” the chief wrote.
“...how about you turn your focus on the
insurance companies who roll over on
their backs and surrender settlements
to attorneys who read headlines and so-
licit business from affected families.”
In the weeks after the use of force
that ended with Harden dead, two su-
perior officers at the Howell Police De-
partment filled out a “meaningful re-
view” form that asks “yes” or “no” if the
incident prompted revelations, includ-
ing the need for change in policy or ad-
ditional training.
In Harden’s case, there were no reve-
lations.
Each box simply was checked “no.”
ASBURY PARK PRESS z OCEAN EDITION APP.COM

WEDNESDAY 02.14.18
Melting Pot will
return to Red Bank
TABLE, 1D

TERRORIST ATTACK

Bomber is given
PART OF THE USA TODAY NETWORK
two life sentences
PROTECTING THE SHIELD
A USA TODAY NETWORK
INVESTIGATIONON

How do we
get bad cops
off streets?
Forum at Press brings together
lawmakers, community leaders
Austin Bogues Asbury Park Press
USA TODAY NETWORK – NEW JERSEY

More NEPTUNE – The Asbury Park Press’

“Protecting the Shield” reporting team
online spent two years uncovering millions of
Visit taxpayer dollars paid in secret settle-
APP.com/ ments of alleged police misconduct
theshield claims throughout the state.
to see the Now it’s time to do something about
full series, it.
or search Asbury Park Press editors and re-
“The porters, along with several state and
Shield” at community leaders, led a forum Mon-
APP.com day night at the Press to respond to
to watch a concerns raised by the series. Ahmad Khan Rahimi is led into court in Elizabeth in 2016. Rahimi was sentenced in New York on Tuesday for
video of planting two bombs in Manhattan’s Chelsea section. ASSOCIATED PRESS
the forum.
See SHIELD, Page 2A
Seaside Park bomb suspect punished for N.Y. attack
Alex N. Gecan and Katie Park
Asbury Park Press

Menendez gets
USA TODAY NETWORK – NEW JERSEY

NEW YORK – The man convicted of planting ter-

rorist bombs in the Chelsea section of Manhattan —

GOP challenger and who is facing similar charges for bombs in Sea-
side Park and Elizabeth — was sentenced Tuesday in

in former CEO
Catherine Carrera North Jersey Record
USA TODAY NETWORK – NEW JERSEY
More SPRINGFIELD – Pharmaceutical
company executive Bob Hugin, with
online support from key Republicans and his
Visit own deep pockets to back a campaign,
APP.com/ launched his bid for the U.S. Senate on
politics to Tuesday by attacking Democratic Sen.
keep up Bob Menendez’s “behavior.”
with the “I’m embarrassed about how people
latest local think about New Jersey based on Sen-
political ator Menendez’s behavior. It’s embar-
rassing,” said Hugin, 63, who spent the
news.
last 20 years spearheading Summit-
based Celgene, a global biopharma-
ceutical company. “He must be, and he
federal court to two life sentences.
In October, Ahmad Khan Rahimi, 30, of Elizabeth,
was found guilty by a jury of eight federal crimes relat-
ed to bombs, weapons of mass destruction and other
methods of destruction, all of which were tied to a
Manhattan bombing and attempted bombing.
Rahimi — an American citizen originally from Af-
ghanistan — faces separate state charges in New
Jersey related to planting bombs in Seaside Park and
Elizabeth, and for engaging in a shootout with Linden
police that injured two officers.
Authorities have said Rahimi brought homemade A patriotic memorial at D Street and Ocean Avenue
bombs to the Jersey Shore, a train station in Elizabeth in Seaside Park was set up after the explosion of a
and two spots in the neighborhood of Chelsea, in low- pipe bomb on Sept. 17, 2016, just before a race.
er Manhattan, injuring dozens in New York. FILE PHOTO
At his sentencing in Manhattan, Rahimi said he
does not “harbor hate for anyone,” the Associated
Press reported.
Rahimi moved to the United States with his family
More online
in 1995 and became a citizen in 2011, according to court Search “Seaside Park bombing” at APP.com to see
filings by his attorney, Xavier R. Donaldson. A father photos and video from the attack.

See CHALLENGER, Page 4A See BOMBER, Page 2A

Two more towns seek bans on weed sales Presidents’

Dan Radel
Asbury Park Press
Mattress Sale
USA TODAY NETWORK – NEW JERSEY

OCEANPORT – Oceanport and West Long Branch are

two more Shore towns planning to ban marijuana dis-
pensaries, if and when weed is legalized in New Jersey.
Oceanport Councilman Joseph Irace said his bor-
ough doesn’t have much of a business district, but the
council doesn’t want to be among the first towns to join
what he said is still “an experiment in legalizing mari-
juana.”
“I understand some cities are welcoming it. Cities
like Jersey City and Asbury Park have more established
business districts. We don’t have a business district
where this would fit in,” said Irace. Several towns in Monmouth and Ocean counties Save up to
Gov. Phil Murphy wants to legalize recreational weed want marijuana bans. GETTY IMAGES/ISTOCKPHOTO
5 Days
and tax it by as much as 25 percent. Murphy wants to
use some of the revenue for free tuition at community
More online
Only! 60% OFF*
colleges. Queen sets starting at $599
The state Legislature still has to craft and pass a bill Search “marijuana” at APP.com to read about Delivering
Middletown’s efforts to ban sales. Anywhere in the
Tri-State Area
ONE

See WEED, Page 2A

YEAR

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2A z WEDNESDAY, FEBRUARY 14, 2018 z ASBURY PARK PRESS e

TODAY IN HISTORY
Today is Ash Wednesday, Feb. 14, the 45th day of That house sold for what?
Find out at Data Universe
2018. There are 320 days left in the year. This is Val-
entine’s Day.
On this date:
1663: New France (Canada) became a royal province Lauren Spiezia tate sales by entering the town and county into our
under King Louis XIV. Data Universe directory. Visit datauniverse.com and
Ever wondered how much that three-story man- search millions of records in APP.com‘s database of
1929: The “St. Valentine’s Day Massacre” took place
sion in Marlboro costs? Just want to know how much New Jersey property sales records.
in a Chicago garage as seven rivals of Al Capone’s
your neighbor paid for their home in Jackson? Get public employee salaries, U.S. postal worker
gang were gunned down.
Find out which were the least and most expensive salaries, NJ teacher salaries and more today at data
1962: First lady Jacqueline Kennedy conducted a homes in New Jersey and get the scoop on NJ real es- universe.com.
televised tour of the White House in a videotaped
special.

LOTTERIES Bomber
TUESDAY, FEB. 13 Midday Pick-3: 863 Continued from Page 1A
NEW JERSEY Straight: $237
Midday Pick-3: 734 Box: $39.50 of three, he once entertained ambitions of becoming a
Straight: $262 Pair: $23.50 police officer.
Box: $43.50 Midday Pick-4: 5709 But at some point, Rahimi came to see himself as a
Pair: $26 Straight: $3,258 “soldier in a holy war against Americans,” prosecutors
Midday Pick-4: 8291 Box: $135.50; Pair: $0 said during his trial.
Straight: $2,929 Evening Pick-3: 698 To that end, prosecutors have said, he left a cluster
Box: $122; Pair: $0 Straight: $271 of pipe bombs in a trash can near the starting line of
Evening Pick-3: 457 Box: $45 the Seaside Semper Five 5k road race, a fundraising
Straight: $290.50 Pair: $27 event that benefits wounded veterans, on the morn-
Box: $48 Evening Pick-4: 6539 ing of Sept. 17, 2016.
Pair: $29 Straight: $2,541 That device detonated — partially — at 9:35 a.m., Police tape remains alongside the Seaside Park
Evening Pick-4: 4889 Box: $105.50; Pair: $25 five minutes after the race was to start. But a snag boardwalk near the scene of the bombing in this
Straight: $3,282.50 Jersey Cash 5: 7, 34, 37, with registration had delayed the start time. Nobody 2016 file photo. DAVID GARD/CORRESPONDENT
Box: $273.50 39, 40; Xtra: 2 was hurt.
Pair: $32.50 5 of 5 pays $729,928 “I am very pleased with the outcome of the Rahimi
Jersey Cash 5: 14, 16, 19, 4 of 5 pays $645 trial,” Seaside Park Police Chief Francis Larkin said in
38, 39; Xtra: 2 3 of 5 pays $16 a text message sent to an Asbury Park Press reporter “Our wonderful community of Seaside
5 of 5 pays $67,877 Pick-6 Xtra: 9, 16, 25, 26, Tuesday, shortly after the sentence was handed
4 of 5 pays $546 29, 43; Xtra: 4 down. “Our wonderful community of Seaside Park Park was turned upside down almost
3 of 5 pays $17 NEW YORK was turned upside down almost two years ago by this
NEW YORK Midday Daily: 558 individual whose sole purpose was to harm inno-
two years ago by this individual whose
Midday Daily: 374 Lucky Sum: 18 cents.” sole purpose was to harm innocents.”
Lucky Sum: 14 Midday WinFour: 7371 Authorities said he left behind two more devices in
Seaside Park Police Chief Francis Larkin
Midday WinFour: 6042 Lucky Sum: 18 Chelsea, one of which injured 31 people when it det-
Lucky Sum: 12 Evening Daily: 771 onated, and five more in a garbage can in Elizabeth.
Evening Daily: 955 Lucky Sum: 15 Lee Parker and Ivan White, two homeless men, said, he has tried to radicalize fellow prisoners since
Lucky Sum: 19 Evening WinFour: 2317 found the bombs in Elizabeth while they were digging his capture.
Evening WinFour: 7294 Lucky Sum: 13 for a backpack Parker could take to job searches. The The outcome of the trial “was made possible by all
Lucky Sum: 22 Take-5: 6, 18, 20, 29, 31 men found the contraption and called 911. the hard work and dedication from law enforcement
Take-5: Late drawing Pick 10: 1, 4, 5, 19, 22, Police, using a robot, inadvertently detonated one officials from federal, state, county and local agen-
Pick 10: Late drawing 23, 26, 29, 33, 38, 40, 46, of the bombs in Elizabeth. Nobody was injured. Parker cies,” Larkin said. “We all must always remain vigi-
PENNSYLVANIA 48, 54, 58, 61, 64, 66, 71, and White were widely lauded as heroes. lant, work together and prevent these types of despi-
Pick 2 Day: 67 74 Linden police arrested Rahimi on Sept. 19, 2016. He cable actions from happening again.”
Pick 3 Day: 196 PENNSYLVANIA was discovered sleeping in a vestibule. The ensuing Although Rahimi pleaded guilty to planting bombs
Pick 4 Day: 9763 Pick 2 Day: 13 shootout left Rahimi and two officers hurt. Authori- near 23rd Street and 27th Street — the first of which
Pick 5 Day: 35904 Pick 3 Day: 067 ties recovered a journal in which, they say, Rahimi exploded — he pleaded not guilty to attempted mur-
Treasure Hunt: 5, 20, 21, Pick 4 Day: 1249 wrote of bomb blasts and al-Qaeda leaders. der, as they related to the police shootout.
22, 25 Pick 5 Day: 05656 So fervent is Rahimi’s ideology, prosecutors have
Pick 2 Evening: 41 Treasure Hunt: 4, 5, 10,
Pick 3 Evening: 387 11, 14
Pick 4 Evening: 6145 Pick 2 Evening: 04
Pick 5 Evening: 38777 Pick 3 Evening: 830
Cash 5: 2, 14, 26, 32, 36
Match 6: 4, 12, 17, 30,
Pick 4 Evening: 5308
Pick 5 Evening: 94720 Shield
35, 48 Cash 5: 3, 6, 30, 39, 40
MULTISTATE Match 6: 2, 18, 20, 36, Continued from Page 1A
Mega Millions: Late 39, 48
drawing MULTISTATE Here are five things you need to know:
Cash 4 Life: 1, 5, 17, 21,
MONDAY, FEB. 12 33; Cash ball: 4 1. Legal reforms
NEW JERSEY
Two legislators said they would push for police
oversight reform in the wake of the investigation,
which shed light on officer misconduct across the
state.
Correction policy Deputy Assembly Speaker Gordon M. Johnson, D-
Bergen, and Sen. Declan O’Scanlon Jr., R-Monmouth, Investigations Editor Paul D’Ambrosio moderates
The Asbury Park Press is committed to fairness and both agreed that changes were needed to provide a the “Protecting the Shield” Facebook Live session at
accuracy and corrects its mistakes ungrudgingly. To more uniform, objective review of misconduct allega- the Asbury Park Press Monday.
request a correction, please call Tamara Wilder (732- tions. THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
643-4200) during the day on weekdays. For Sports “Bad cops are the enemies of good cops,” O’Scanlon
corrections, please call Steve Feitl (732-643-4227). said.
He added that lawmakers were “looking at a series 4. Injuries, sexual misconduct and deaths
of checks and balances on internal affairs incidents.” caused by bad cops
Police internal affairs units are the cops who investi-
gate other cops — too often poorly. The Press also found settlements involving police
abuse allegations involving 19 deaths, 131 bodily inju-
2. Breaking through silence ries, seven cases of sexual misconduct and dozens of
other abuse issues. Panelists at the forum Monday
O’Scanlon said cultural changes would be needed evening included O’Scanlon, Johnson, attorney Stan-
Asbury Park Press CIRCULATION & to empower good officers to speak up when they see ley O. King and APP project reporters Susanne Cer-
member of the Gannett Group
3600 Highway 66, Box 1550, Neptune, NJ 07754
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Toll-free: Johnson said reform is needed at all levels of police Ken Serrano and Alex Gecan, also on the “Shield”
Vol. 139, No. 39 February 14, 2018 800-822-9779
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departments, including senior leadership. team, also posed questions to panelists.
THOMAS M. DONOVAN
President and Publisher
Sun. 7:30 a.m.- 9:30 a.m. “There are some bad police chiefs. It’s not just the
Walk-in: Mon.-Fri. 9
732-643-4110 tdonovan@gannettnj.com a.m.- 5 p.m. women and men on the streets but it’s the adminis- 5. Problems with internal affairs
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The forum Monday evening was moderated by APP colleagues they know closely or with whom they have
WAYNE L. PERAGALLO Monday through Investigations Editor Paul D’Ambrosio. longstanding relationships.
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z Including Monday-Sunday print edition delivery:
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before Murphy can open the New Jersey market to Heights are also proposing bans.
z Including Friday-Sunday print edition delivery:
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Gannett Satellite marijuana. Irace said the Oceanport council also wants to keep
Information Network,
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ASBURY PARK PRESS z OCEAN EDITION APP.COM

The Rev. Billy Graham, THURSDAY 02.22.18

‘America’s pastor,’ dies
USA TODAY, 1B

Lawyer: Murder case

was compromised
Kathleen Hopkins Asbury Park Press Edward C. Bertucio made the revela- More online
USA TODAY NETWORK - NEW JERSEY tion at pretrial hearings in the murder
case against his client, Joseph Villani, Search “Patel” at
FREEHOLD – Two of the main detec- and Villani’s girlfriend, Brookdale Com- APP.com to watch PART OF THE USA TODAY NETWORK
tives on the murder case against a munity College honors student Raquel video of the court-
Brookdale Community College student Garajau. room arguments.
and her boyfriend are the subject of in- Bertucio said the internal affairs in-
ternal affairs investigations concerning vestigations stemmed from claims in a
their interrogation of one of the sus- civil suit filed by Detective Pamela Smith PROTECTING THE SHIELD
pects, a defense attorney revealed in A USA TODAY NETWORK
court Wednesday. See LAWYER, Page 2A
INVESTIGATIONON

REACTION TO FLORIDA MASS SHOOTING Police officer

‘concealed’
stolen dog
N.J. detective’s internal affairs file
says puppy was sent to kill shelter
Kala Kachmar Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

ATLANTIC CITY – A city police officer once accused

of “concealing” a stolen six-week-old puppy taken dur-
ing a drug raid on a home ultimately tried to rid himself
of the “stolen property” by sending the puppy to a kill
shelter, according to details released this week from the
officer’s once-secret internal affairs file.
Detective Glenn Abrams Jr., now a 12-year veteran of
the Atlantic City Police Department, took the pit bull
puppy named Crystal, tried to hide it from investigators
by giving the dog to his mother and finally took the pup-
py to an animal shelter that puts down unadoptable
pets, according to internal police records revealed in a
federal court proceeding in Camden.
There is a happy ending for Crystal, though. The pup-
py was not euthanized and she was reunited with her
family three months later.
Students at Southern Regional High School in Stafford showed their solidarity with the victims of the The case highlights how rogue cops can skirt the
Parkland, Fla., shootings by staging a walkout and a reading of the names of the 17 students killed, rules and remain on the force — even after repeated in-
followed by a minute of silence for each. PHOTOS BY PETER ACKERMAN/STAFF PHOTOGRAPHER vestigations into bad behavior. When confidential inter-
nal affairs records do become available through court

Shore teens demand

records, they provide a rare insight into how police offi-
cers conduct themselves within a system that often
turns a blind eye to abuses.
Abrams is a defendant in a federal civil lawsuit for an

changes to gun laws

High school walkout protests commemorate victims
Russ Zimmer and Erik Larsen Asbury Park Press
USA TODAY NETWORK - NEW JERSEY
Hundreds of Shore students stood up from their
desks in the middle of class and strolled out Wednes-
day, walking past their lockers, through the front
door, and into the warm sunlight in an act of civil dis-
obedience intended to draw attention to America’s
unending horror: deadly school shootings.
Outside Middletown High School South, some
300 students sat in silence by the main entrance
while the names of the Marjory Stoneman Douglas
High School shooting victims were read, one by one,
for 17 minutes — 60 seconds of quiet for each life lost.
At the same time in Stafford, several hundred stu-
dents stood in a semicircle on the grass of the south
lawn of Southern Regional High School, listening re-
spectfully as two of their classmates read off the
names of the slain and allowed for a still reflection of
the massacre that occurred one week earlier.
On Feb. 14, a 19-year-old former student walked
into Stoneman Douglas in Parkland, Florida, and
fired what authorities said was more than 100 rounds
from his legally purchased .223 caliber AR-15 semiau-
See WALKOUTS, Page 7A
incident unrelated to the puppy episode. The lawsuit,
filed by Steven Stadler, claims Abrams and two other
officers used excessive force and violated Stadler’s civil
rights when they beat him unconscious and sicced a K-9
to bite him repeatedly during his 2013 arrest for attempt-
ing to rob a coin box at a car wash owned by another city
police officer.
Abrams’ internal affairs records are under a protec-
tive order by the court, but the dog incident is detailed in
a motion to introduce his internal affairs history as evi-
dence in the Stadler case.
New Jersey U.S. District Judge Robert B. Kugler ruled
the internal affairs findings could be used as evidence,
but not the details of the case.
See DOG, Page 5A
More online
Read our series “Protecting the Shield at APP.com/
theshield.
Students stand outside Southern Regional High Never Clean Your
School in Stafford during the walkout on
Wednesday.
Gutters Again®
More online
Search “students” at APP.com to see more photos
and video from the walkouts.

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 e APP.COM z THURSDAY, FEBRUARY 22, 2018 z 5A

Dog pleaded guilty to resisting arrest in the

Continued from Page 1A
Jennifer Bonjean, Stadler’s lawyer,
claimed in court documents that the city
routinely mislabels civilian complaints
against police officers to conceal uncon-
stitutional and illegal conduct.
The city “purposefully tanks internal
affairs investigations to cover up officer
misconduct” and “routinely slaps the
wrists of officers who should be fired if
not indicted for criminal conduct, mes-
saging to the officers that they may be-
have unconstitutionally and/or unlaw-
fully without fear of losing their jobs or of
real discipline,” according to the docu-
ments.
Bonjean noted that the city’s records
show that Abrams “has a pattern of
stealing personal items from civilians”
and keeping a “massive amount of con-
traband” in his car.
The city denied the allegations in the
Stadler lawsuit and will ask the civil trial
jury to dismiss the case. In its motion pa-
pers, the city noted that the puppy case
has no bearing on the excessive force
lawsuit and should be omitted from the
trial. The city also noted that Stadler
2013 case.
Crystal was a six-week-old brindle pit
bull that was taken from Mendez and her
longtime boyfriend, Antonio Arroyo, in
September 2009 during the execution of
a search warrant for narcotics, the couple
told the Press. They immediately filed an
internal affairs complaint with the de-
partment in an effort to get their dog
back, Arroyo said.
No criminal charges were brought
against Abrams, but he was administra-
tively charged with violating standards
of conduct and “tampering or fabricating
physical evidence” by concealing “stolen
property” — the puppy.
In the days after the dog was taken,
photos of Crystal with Abrams’ girlfriend
surfaced on Facebook. But the officer told
police he received the puppy from anoth-
er officer who was with him during the
Mendez home search, according to the
court records.
“After the raid, when the officers were
leaving, one of the officers took the dog,”
Arroyo said. “My (girlfriend) ran outside
screaming, ‘Where’s my dog? Where’s
my dog?’ He laughed at her.”
Abrams at the time said he didn’t
know the dog belong to Mendez until af-
ter the internal affairs investigation was
initiated. But even after he found out,
Abrams hid the puppy at his mother’s
home in Margate, a town just south of At-
lantic City, and then brought it to a shel-
ter where it was at risk to be euthanized,
according to the federal court records.
One officer said he found the dog wan-
dering outside the Mendez home, but
several other officers at the scene report-
ed seeing him holding the puppy inside
the house and putting it in his police car,
according to the internal affairs records
noted in the motion.
“The dog was in a metal kennel — like
a cage — and it had two latches on it,” Ar-
royo told the Press. “Our puppy, that
could barely walk, did not get out of that
cage.”
It took the couple three months to get
their dog back, but not before taking a
trip to Camden to fetch DNA from the
parents of the dog to prove it belonged to
them, Arroyo said.
“I went through hell with all this,”
Mendez said. “This gives me the chills to
think about. It was all a big coverup.”
Abrams makes $98,841 per year. He’s
the son of former Atlantic City Police
Capt. Glenn Abrams, who retired in 2014.
An excerpt of the investigation filed in
the federal court record said Abrams’
conduct “violated the law of the state of
New Jersey” and the rules and regula-
tions of the Atlantic City Police Depart-
ment by actively attempting to conceal
“stolen property” when he took the pup-
py to his mother’s house.
Abrams was found by city investiga-
tors to have been “untruthful concerning
the health of the puppy, his knowledge on
an investigation regarding the puppy,
and his knowledge that the puppy was
stolen,” the internal affairs excerpt stat-
ed.
Abrams accepted a 90-day suspen-
sion and asked the city to drop the “un-
truthfulness” finding, and it complied.
The documents didn’t indicate whether
his suspension was with or without pay.
During the course of the internal af-
fairs investigation into the puppy case,
the Atlantic County Prosecutor’s Office
impounded Abrams’ police vehicle. Their
search found:
z Multiple bags of marijuana.
z An oxycodone pill bottle prescribed
to a Michael Cox.
z Several pill bottles prescribed to a
Ricardo Harris.
z A black bag containing three pairs of
brass knuckles, four folding knives, a
flashlight labeled “Abrams,” a .40 caliber
See DOG, Page 7A

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 e APP.COM z THURSDAY, FEBRUARY 22, 2018 z 7A

Walkouts light to call for lawmakers to take mean-

Continued from Page 1A
tomatic rifle.
The 17 dead included three adult staff
members and 14 students; another 15
were injured.
Kyra Zdep and Laura Esposito, both
18-year-old seniors, organized Wednes-
day’s walkout at Southern Regional.
Zdep said the proliferation of social
media has made the world smaller.
What happened in Parkland — although
1,200 miles away — seems less distant
and indeed even personal to her.
“With social media, we see their
tweets and their Facebook posts about
how heartbroken they are and it’s relat-
able, and it’s terrifying,” Zdep said. “If
we don’t make a change, I don’t know
who will.”
“What really hit me were the Snap-
chat stories,” Esposito said. “(The Flori-
da students) put up their videos on
Facebook and Instagram and they were
being sent to everyone and I thought,
‘Oh my God, this is me. This is me.’ I
know the captain of the swim team. I
know the Junior ROTC kid. … These are
my people, too. It just made me realize,
this could be us. We could be next and it
should end here.”
In Parkland and elsewhere, students
have been using the post-shooting spot-
ingful action on gun control, a recurring
theme after every mass shooting — one
that usually results in few new laws
passed in Washington and in state cap-
itals around the country.
Supporters of gun rights have argued
against proposed restrictions on guns,
citing the Second Amendment. “Amer-
ica is not Australia — we are not going to
do away with private gun ownership,”
argued U.S. Rep. Tom MacArthur, R-
N.J., in an essay.
MacArthur, whose district includes
Southern Regional, argues Congress
should spend more on background
checks, school security and getting ille-
gal weapons off the streets.
More student actions are in the off-
ing, including a National School Walk-
out March 14 and a national March for
Our Lives March 24 in Washington,
D.C., both events aimed at keeping the
pressure on state and federal policy
makers.
“I think we definitely need to fix the
laws we have on guns because times
have been changing and you never
know what could happen,” said Quinn
Mott, 15, a sophomore at Middletown
South.
Both Zdep and Esposito said they
strongly believe that greater gun control
is the answer to stopping the carnage.
“If nobody is doing something about
it, then it’s time for the next generation
to step up and say ‘This is what we want
and we’re not going to rest until some-
one does something about it,’” Esposito
said. “Because what do congressmen
love more than anything? To be re-
elected. And who are going to be the
people in a few years who will have the
choice to re-elect them? Us.”
But, according to the student orga-
nizers in Middletown, Wednesday’s
walkout at South was not about stu-
dents staking out a position in the in-
creasingly ruthless gun control debate.
“Regardless of the politics behind
this, 17 lives were tragically cut short
and I felt that I needed to honor that in
some way,” said Sofia Casamassa, 18, a
senior.
“Every child should be able to feel
safe in their school and be able to learn
without fear of guns or any other danger
or violence,” said Matt Lewis, a 17-year-
old South senior. “More than anything
we just wanted to show solidarity with
the victims.”
The walkouts were sanctioned in
both cases — if not wholly endorsed —
by school administrators in Middletown
and Stafford.
Bill George, Middletown’s public
school superintendent, released a state-
ment saying that “we respect our stu-
dents’ right to express their feelings.”
“Our students’ sympathetic support
for the victims and their understanding
of this complex societal issue was evi-
dent in their appropriate actions,” he
wrote.
No students would be disciplined for
participating, George told the Asbury
Park Press.
Southern Regional Superintendent
of Schools Craig Henry said he was not
without misgivings over whether such a
demonstration was in everyone’s best
interest.
In the end, Henry concluded that he
needed to trust his student leadership.
He could see how much this meant to
them and how committed they were to
recognize this moment.
“It was described as a memorial ob-
servance for the 17 lives lost and to stand
in support of their fellow students griev-
ing in Florida,” Henry said. “I know
some of the followup discussion with
the press turned into a conversation
about their beliefs on gun control, but
the ceremony was not political and it
was not controversial.”
Henry had promised that no student
would be penalized for their participa-
tion but he wanted assurances that
there would be no major disruption in
the school day. He got them.
Henry stood with several hundred
students on the lawn of the high school
as Zdep and Esposito read the name of
each victim and then paused for a min-
ute of silence — 17 minutes in all.
Russ Zimmer: 732-557-5748, razim
mer@app.com, @russzimmer

Dog ty,” but testified in a deposition for the

Continued from Page 5A
Glock handgun with a 15-round magazine
and 15 Speer hollow-point bullets.
Abrams told investigators back then
that he failed to inventory the items, but
interviews with individuals who owned
the items reported that he and other offi-
cers had “stolen” them, according to the
motion.
He received a sustained finding on his
internal affairs record for “neglect of du-
Stadler case that he never received dis-
cipline for that charge.
Internal affairs matters that could po-
tentially be criminal must be investigated
by the county prosecutor’s office, accord-
ing to state attorney general’s guidelines.
Before Abrams was interviewed by the
prosecutor’s office about the contraband
found in his car, he was given immunity
from criminal prosecution, records show.
Abrams triggered the department’s
early warning system in 2008, 2009, 2011
and 2012, but never received additional
monitoring, training, supervision or re-
assignment as a result, according to the
motion. An early warning system tracks
indicators like use of force reports and in-
ternal affairs complaints to flag officers
when they reach a certain number in a
period of time.
From 2007 to 2013, there was an “over-
whelming” number of excessive force
cases against Abrams, records show.
Court records and testimony stated
that eight of those complaints showed
Abrams has a pattern of surprising sus-
pects without identifying himself as a
police officer and then physically as-
saulting them.
Court records also reveal a 2012 inci-
dent that triggered an internal affairs in-
vestigation against Abrams for “perfor-
mance of duty” after just 2,967 out of
3,024 paper folds of heroin he recovered
from a search warrant made it to a state
police lab.
The incident was investigated as an
administrative issue rather than a crime,
even though a “significant portion” of
Abrams’ internal affairs complaints in-
volve allegations of theft, the motion
said.
Kala Kachmar: @NewsQuip; 732-643-
4061; kkachmar@app.com

Obituaries Obituaries continued on 12A

Rev. Fr. Charles M. Yastishock

TOMS RIVER - It is with heavy hearts that the
Yastishock Family announces the death of the Very
Reverend Father Charles M. Yastishock, 66, of Har-
risburg, PA, who died Monday morning at Hershey
Medical Center. He was a priest of the Byzantine
Catholic (Ruthenian Rite) Eparchy of Passaic for
over 40 years and Pastor of Our Lady of Perpetual
Help Byzantine Catholic Church in Toms River,
NJ for 30 years.
Fr. Charles was the son of the late Theodore and
Mary (nee Gogar) Yastishock and was preceded
in death by a brother, Theodore J. Yastishock. He
is survived by four sisters: Mary Ann Kitzer of Harrisburg, PA; Julia Ann
Dyckman of Harrisburg, PA; Elizabeth Semanchik of Pittsburgh, PA; and,
Ann Marie Yastishock of Washington, DC; a brother, Daniel Yastishock of
Harrisburg, PA, 15 nieces and nephews and several great nieces and nephews.
Fr. Charles was born on May 5, 1951, in Harrisburg, PA and graduated
from Bishop McDevitt High School in 1969. He graduated from Duquesne
University in 1973 and attended the Byzantine Catholic Seminary of SS
Cyril and Methodius in Pittsburgh, PA. The first priestly vocation of St.
Ann Byzantine Catholic Church, Fr. Charles was ordained a priest May 15,
1977, and was assigned as an Assistant Pastor to St. Mary Byzantine Catholic
Church in Trenton, NJ until June 1978 when he was assigned as Assistant
Pastor to St. Michael Byzantine Catholic Cathedral in Passaic, NJ. In June
1979, he was assigned as Assistant Pastor to St. John Byzantine Catholic
Church in Hazelton and in November 1979, he was assigned as Pastor of
St. John the Baptist Byzantine Catholic Church in Wilkes Barre Township,
William Zacharyczuk
PA and Administrator of St. Mary’s in Nanticoke, PA. In January 1988, he
was appointed the Administrator of St. Andrew Byzantine Catholic Church
(now Our Lady of Perpetual Help) in Toms River, NJ and in April 1991, he
was appointed as Pastor of OLPH.
An avid traveler and frequent leader of pilgrimage trips to various over-
seas destinations such as the Holy Land; Fatima, Portugal; Lourdes, France;
Germany; Italy; Poland; Slovakia; Ukraine and Hungary, Fr. Charles spread
laughter, fun and love to whomever he met and wherever he traveled.
On Sunday, February 25th, 2018, priests of the Eparchy of Passaic will
vest Fr. Charles at 2:30 pm at the Silverton Memorial Funeral Home, Toms
River, NJ. Fr. Charles will then be transferred to Our Lady of Perpetual Help
(OLPH) Byzantine Catholic Church, 1937 Church Road, where a Panchida
will be held. A public viewing will be held at OLPH Church from 4:30 pm
to 7:30 pm followed by Parastas and then a social. On Monday, February
26th, Fr. Charles will be transferred to Harrisburg, PA for a public viewing
at St. Ann Byzantine Catholic Church at 5408 Locust Lane from 4:00 pm
to 7:00 pm followed by Parastas and a social. On Tuesday, February 27th,
at St. Ann Church, the Office of Christian Burial for a Priest will be held at
10 am followed by interment at Holy Cross Cemetery at 4075 Derry Street,
Harrisburg, PA.
Memorial contributions in Fr. Charles’s name may be sent to: Our Lady
of Perpetual Help Byzantine Catholic Church, 1937 Church Road, Toms
River, NJ 08753; St. Ann Byzantine Catholic Church, 5408 Locust Lane,
Harrisburg, PA 17109: Sisters of St. Basil the Great, Mt. St. Macrina, 500
West Main Street, Uniontown, PA 15401, or Discalced Byzantine Catholic
Carmelite Nuns, Annunciation Monastery, RD 1 Box 1336 Sugarloaf, PA
18249. www.silvertonmemorial.com.
Richard Stratton

Miss Me But Let Me Go

FREEHOLD TOWNSHIP - William Zacharyczuk,
80, of Freehold Township passed away at home on
Tuesday, February 20, 2018. He was born and raised
in Bayonne and settled in Freehold Township in
1974. A graduate of the Bayonne High School
Class of 1955, William continued his education
at Pace University and obtained his Bachelor of
Business Administration Degree in 1959. He was
a member of the St. Sophia Ukrainian Orthodox
Church and had served as their first altar boy. More
recently, William was a member of St. Paul of the
Apostle Orthodox Church. His hobbies included
photography and model trains, and building model
airplanes.
William is survived by his wife of 54 years, Anna
Zacharyczuk of Freehold Township; sons, William
Zacharyczuk, Jr. and his wife, Maria of Freehold
Borough and Robert D. Zacharyczuk of King of
Prussia; two sisters, Elsie A. McGill and her hus-
band, James and Rose Marie “Rosie” Miller and
her husband, Fred; and brother, John Zacharyczuk
and his wife, Kathleen.
Visitation will be held at the Clayton & McGirr
Funeral Home, 100 Elton-Adelphia Road (Route
524), Freehold Township from 2:00 to 6:00 PM on
Friday, February 23, 2018. Relatives and friends
are invited to attend his 9:30 AM funeral ser-
vice at the funeral home on Saturday, February
24, 2018. Entombment will follow in Holmdel
Cemetery, Holmdel. For information, directions
or condolence messages to the family, visit www.
claytonfuneralhome.com.
LANOKA HARBOR - Richard T. Stratton, age
81 of Lanoka Harbor passed away on Tuesday,
February 20, 2018 at his home. Richard was born
in Weehawken and was formerly of North
Bergen before moving to Lanoka Harbor Author Unknown
in 1972. He worked for General Electric
for 35 years, retiring in 1996, then he
When I come to the end of the day,
worked for the Lacey Township School District
as a custodian in all the schools. Richard was an And the sun has set for me.
I want no rites in a gloom-filled room
Army Veteran Serving in Alaska during Vietnam.
He enjoyed being a youth coach for various sports
and being Mr. Fix it around the house. Why cry for a soul set free?
Richard is survived by his wife of 58 years Barbara Miss me a little, but not too long.
“Bubbles”(nee Thorpe) their children; Richard F.,
Craig and Lynda, 9 grandchildren; Chelsea, Sid, And not with you head bowed low.
Garrett, Calli, Amanda, Olivia, Emma, Samantha Remember the love we once shared...
and Melanie. He is also survived by his brother,
Peter and His wife Annarose and Sister-in-law, Miss me, but let me go.
Linda and her husband Anthony Cusanelli. For this is a journey we all must take,
A Memorial Gathering will be held on Saturday,
February 24, 2018 from 2:30 until 4:30 pm at Riggs And each must go alone.
Funeral Home, 130 North Route 9, Forked River. It’s all part of the maker’s plan.
In Lieu of flowers contributions can be made to
the Dementia Society of America, P.O. Box 600, A step on the road to home.
Doylestown, PA 18901 in Mr. Stratton’s Memory. When you are lonely and sick at heart
Death leaves a heartache no one can heal, Go to the friends we know.
love leaves a memory no one can steal. And bury your sorrow in doing good deeds
Miss me, but let me go.
From a Headstone in Ireland
ASBURY PARK PRESS
TUESDAY 02.27.18
PART OF THE USA TODAY NETWORK
Jerry Carino
Carino’s Corner
Asbury Park Press
USA TODAY NETWORK – N.J.
A mother’s
love shines
on ill sons
JACKSON – The cough is constant for Jake Swo-
miak. Every few minutes the 19-year-old will hack up
some phlegm and his mom will hand him a tissue.
That’s the easy part for Jocelyn Canale. Much hard-
er is getting her son out of bed and into his wheelchair
each morning, even with the help of a mechanized lift.
His sensitive skin cuts easily and, besides, he’s a big
young man. She’s maybe 5 feet tall.
“You know what? I’m a very strong woman,” she
said.
Jake has Duchenne muscular dystrophy, a genetic
condition that weakens muscles to the point where
sufferers can’t move and, eventually, can’t breathe.
Symptoms start showing around age 4 and most pa-
tients are unable to walk by 13. Life expectancy is in the
20s.
It’s rare, but here’s the thing for Canale: This 48-
year-old single mom has not one but two boys with
Duchenne. Jake’s younger brother Ben Swomiak, 16,
also uses a wheelchair. It is the toughest of hands dealt
to all three members of this loving family.
“I live maybe five minutes away, and when I go over
and help, I come back and I’m kind of a wreck for an
hour or two mentally,” said the boys’ grandfather, Vin-
cent Canale. “Just to see what’s going on tears your
heart apart. My wife and I talk about it; our daughter
has a tremendous amount of strength to be dealing
with this basically by herself every day.”
Jocelyn is not totally alone. She has a community’s
support. Teachers, camp counselors and strangers
pitch in. Three years ago, after the Asbury Park Press
first featured the family’s plight, a reader began send-
ing her regular $100 checks.
“It comes like clockwork every single month,” Joce-
lyn Canale said. “We’ve had people write to the boys
and send gifts, too. We are grateful for everything that
comes in.”
Grateful, but concerned. Things are getting tougher
for these brothers — and for their mom.
‘The struggle is real’
Since her husband’s death a few years back, Joce-
lyn receives $1,500 per month in survivor’s benefits.
She is a full-time caregiver, with some help from a vis-
See CARINO, Page 5A
More online
For more of the Shore’s most inspiring residents,
visit APP.com and search “Carino’s Corner”
Kevin Smith suffers heart attack
Courtney Marabella and Alex Biese
Asbury Park Press
USA TODAY NETWORK – NEW JERSEY
Iconic Jersey Shore filmmaker Kevin Smith suf-
fered a massive heart attack Sunday night.
He tweeted about his heart attack early Monday
morning, saying it occurred after a
comedy show he was performing in
California.
“The Doctor who saved my life told
me I had 100% blockage of my LAD ar-
tery (aka “the Widow-Maker”). If I
hadn’t canceled show 2 to go to the
Kevin hospital, I would’ve died tonight,” he
Smith said.
Smith, 47, was born in Red Bank
and raised in Highlands, and is best known for his
cult-classic films like “Clerks,” “Mallrats” and “Chas-
ing Amy.” He also created and stars in the hit AMC
Weather
Supreme Court’s refusal
to hear case extends
clock for DACA. 1B
High 52° z Low 37°
Sunny. Forecast, 8C
APP.COM
Dana Mabrey makes
a name for herself
SPORTS, 1C
ASBURY PARK MURDER
Police investigate the scene of the fatal shooting of a 10-year-old boy on Ridge Avenue, near the corner of
Summerfield Avenue, in Asbury Park on Thursday. TANYA BREEN/STAFF PHOTOGRAPHER
Shooting suspect
held without bail
Officials: Victims were More online
rival’s girlfriend’s family
Visit APP.com and search “Yovanni” for a video from a
vigil held for the boy
Alex N. Gecan Asbury Park Press
USA TODAY NETWORK – NEW JERSEY A statement from U.S. Marshals in
Florida shed new light on the circum-
BROWARD COUNTY, Florida – Karon “Boogie” stances of the Wednesday night shoot-
Council, a suspect in the shooting death of 10-year-old ing.
Yovanni Banos-Merino in Asbury Park, was ordered “Council was after a male he had an
held without bond Monday after his arrest in Florida. altercation with,” Assistant Chief Depu-
Authorities believe he was gunning for a rival’s girl- Karon ty U.S. Marshal Manny Puri said in an
friend’s family. Council email.
Broward County Court Judge Kim Theresa Mollica Council didn’t find the man he was
ruled on Council’s bond Monday afternoon. A separate looking for, so “he took it out on” his target’s girlfriend’s
hearing is scheduled for today to determine whether he
will be extradited to New Jersey. See SHOOTING, Page 2A
PROTECTING THE SHIELD
A USA TODAY NETWORK
INVESTIGATIONON
Still on the job: Sued
cop refuses to testify
Claims of excessive force More online
Read the full “Protecting the Shield” series
Kala Kachmar Asbury Park Press online at APP.com/theshield
USA TODAY NETWORK – NEW JERSEY
An Atlantic City police officer linked to $4.4 million by the feds in connection with the June 2013 arrest of
in payouts on excessive force claims is under federal David Connor Castellani. Castellani claimed in a civil
investigation but remains an active member of the lawsuit that Wheaten violated his civil rights by letting
city’s police force, his attorney told a federal judge Mon- his police dog bite Castellani’s neck, causing life-
day.
Police officer Sterling Wheaton is being investigated See SHIELD, Page 5A
Never Clean Your
Gutters Again®
More online
Visit APP.com and search “Kevin Smith” for more on
the actor and his local ties
Pre-Spring Sale
show “Comic Book Men,” and is the proprietor of Jay
and Silent Bob’s Secret Stash in Red Bank.
He’s married to actress Jennifer Schwalbach. The
$300 OFF NO PAYMENTS PLUS NO INTEREST
couple’s 18-year-old daughter, Harley Quinn Smith, UNTIL SPRING 2019†
starred in Smith’s most recent feature, 2016’s “Yoga
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 Ocean APP.COM z TUESDAY, FEBRUARY 27, 2018 z 5A

Four Parkland shooting Shield

survivors speak at N.J. rally

Continued from Page 1A

threatening injuries that required more

Lindy Washburn North Jersey Record
USA TODAY NETWORK - NEW JERSEY
Four students who survived the
shootings this month in Marjory Stone-
man Douglas High School in Parkland,
Florida, addressed a standing-room-
only rally in Livingston on Sunday, urg-
ing people to use their votes and voices
to change the world so that schools are
safe from gun violence.
“This is not a Republican or a Demo-
crat issue,” said David Hogg, a senior at
the high school. “This is an issue of
lives.”
Hogg, 18, described hearing the pop
of a gunshot while he was in an envi-
ronmental science class that Wednes-
day afternoon and then running to flee
the gunman. He hid in a closet with 65
other students.
“I realized I could have died,” he said.
When the students emerged and
knew they had survived, he said, their
relief “was insane. ... That’s why we’re
fighting for change. Because I’m here,
I’m alive, and we have to do something
to change this.”
Joining Hogg were his younger sis-
ter, Lauren, 14, a freshman at the
school; Harris Jaffe, a Parkland sopho-
more who was born in Livingston; and
brothers Ryan and Matthew Deitsch,
ages 18 and 20. Ryan was at the school
during the attack and Matthew is a re-
cent graduate.
Democratic Sen. Bob Menendez gave
the keynote address at the rally, which
drew more than 2,000 people to Temple
B’nai Abraham. He held up a piece of
legislation he has sponsored in each of
the three previous sessions of Con-
gress, to ban high-capacity magazines.
It has never passed.
Citing the numerous pieces of legis-
lation he has supported to limit gun vio-
lence, Menendez said, “I’ve always as-
pired to get a good grade, but I am very
proud of my longtime F from the NRA.”
The National Rifle Association gives
lawmakers ratings based on their sup-
port for the organization’s position.
Menendez said the voices of the
Parkland students have changed the
tone of the national debate.
“The people of Parkland have
pricked the conscience of the country,”
Menendez said. “It’s time we call on ev-
eryone in Washington, Democrat and
Republican alike, to be braver, to be
stronger, just like the students at Mar-
jory Stoneman Douglas High School. ...
This time it will be different. We will not
take ‘no’ for an answer.”
The Parkland shooting was the 17th
school shooting and fourth mass shoot-
ing this year, said Brett Sabo, head of
the New Jersey chapter of Moms De-
mand Action, a group advocating laws
to prevent gun violence.
Matthew Deitsch shared personal
stories of some of those who died. A Ju-
nior ROTC student, Peter Wang, saved
more than 60 students by holding a
Parkland shooting survivor David Hogg speaks during a rally for gun legislation
at Temple B’nai Abraham in Livingston on Sunday.
PHOTOS BY MITSU YASUKAWA/NORTHJERSEY.COM
Among them were Zach Dougherty,
16, of Toms River and Olivia Hirsch, 15,
of South Orange, who attends Columbia
High School. “We want to find new ways
to take action,” Hirsch said.
Students at her school are planning a
separate walkout on March 14 that is to
last 17 minutes — one minute for each
person killed at Parkland.
The youngest student to speak was
Lauren Hogg, 14. “Although this may be
Arielle Salomon, 14, of Norwood one of the darkest times in my life,” she
writes a message on a large notice said, “I’ve realized in the last few days
board before a rally for gun legislation that even the smallest light can make a
in Livingston on Sunday. world of change.”
She thanked everyone who attend-
ed, “on behalf of my four friends who
door open as bullets “rained down on passed that day.”
him,” he said. Peter’s dream was to be Parkland students have traveled to
attend West Point, and at his memorial the Florida state capitol in Tallahassee
service, two West Point officials pre- and met with President Donald Trump
sented his family with a posthumous at the White House, demanding that
appointment to the class of 2025. politicians take action to keep schools
Many in the audience dabbed tears safe.
as they listened. Harris Jaffe, a 16-year- They also appeared in a CNN town
old sophomore, said his “whole world hall, where they pressed Florida Repub-
flipped upside down“ on Feb. 14, when lican Sen. Marco Rubio to say he would
he heard shots while sitting in a finance stop accepting money from the Nation-
class. Initially, students thought it was al Rifle Association and vote to ban
a drill. But as they hid in closets and AR-15s, the type of assault rifle used in
checked their cellphones, they read the Parkland killings.
news reports that it was real. Parkland’s seniors, born the year of
“To all you high schoolers out there,” the Columbine High School shooting,
Jaffe said, “say ‘I love you’ to your par- have grown up aware of the possibility
ents. You don’t know when something of school shootings, with drills to prac-
is going to happen.” tice how to hide.
The students are fanning out across Their tweets have gained a follow-
the country to take their message to as ing. Michelle Obama expressed her
many groups as possible. They have support for their campaign, and Oprah
called for a March for Our Lives to be Winfrey and George Clooney each
held in Washington, D.C., and in 700 pledged on Twitter to contriute contrib-
other cities around the nation on March ute $500,000 to their efforts.
24, Ryan Deitsch said. “David Hogg and his surviving class-
Before the program, they met with mates will lead the way,” tweeted Law-
New Jersey high school students who rence Tribe, a professor of constitution-
are organizing a march in Newark as al law at Harvard University. “This chil-
part of that effort. dren’s crusade will transform America.”
than 200 stitches close the bite
wounds.
The courtroom revelation comes
weeks after an Asbury Park Press in-
vestigation found that the state’s frac-
tured oversight system is ill-equipped
to identify and remove problem offi-
cers before they cause harm. Despite
state internal affairs guidelines that are
hailed by police experts as some of the
best in the country, the absence of en-
forcement leaves the onus in the hands
of individual departments.
Wheaten was subpoenaed to testify
in federal court in Camden on Monday
in a civil trial unrelated to the Castella-
ni case. The lawsuit in Camden was
filed by Steven Stadler, who is suing
the city and three officers claiming
they violated his Constitutional rights
when they beat him bloody and sicced
a police dog on him, causing perma-
nent damage to his leg and groin area.
Matthew Razzano, Wheaten’s attor-
ney, told U.S. District of New Jersey
Judge Robert B. Kugler that Atlantic
City’s attorneys received communica-
tions indicating there was an ongoing
federal investigation into Wheaten’s
role in Castellani’s arrest.
But Razzano said he wasn’t sure
how long the investigation had been
going on or if a grand jury had been
convened.
Wheaten was put on the stand, but
not in front of the jury, to testify as to
whether he knew he triggered the city’s
early warning system — which flags
problem officers for further review —
multiple times in his career. Court rec-
ords show Wheaten had 33 internal af-
fairs complaints over seven years, 23 of
which were for excessive force.
Wheaten invoked his 5th Amend-
ment right to avoid incriminating him-
self for each of the 20-plus questions
he was asked, including his name and
occupation.
Jennifer Bonjean, a Brooklyn-based
civil rights attorney representing Sta-
dler, wanted Wheaten to testify to help
her establish that the city didn’t use the
early warning system in place to notify,
monitor, retrain or supervise officers
who could potentially pose a danger to
the public.
Despite Wheaten’s internal affairs
history, he was given a position on the
SWAT Team and became a K9 officer,
both of which are competitive posi-
tions that carry department benefits,
according to court records.
“As the attorneys argued earlier, the
plaintiff’s attorney said there are other
ways to get this information,” Razzano
told the judge.
In 2015, an Atlantic County grand
jury cleared Wheaten and the five offi-
cers involved in the Castellani case.
When Bonjean asked Kugler to com-
pel Wheaten to testify, the judge de-
nied her request.
Kugler said Wheaten’s testimony
“may establish a pattern of abuse to-
ward citizens,” which “may help a gov-
ernment, if interested, establish a vio-
lation of the criminal civil rights stat-
utes,” he said in court on Monday.
Bonjean told the judge she would
seek to examine the Atlantic City police
chief about employing a police officer

Carino — Wheaten — who “cannot do his job,

Continued from Page 1A
iting night nurse, and sleeps in the living
room so Jake and Ben can have their
apartment’s two bedrooms to them-
selves.
The search is on for a new place; their
one bathroom is too tight and lacks an
accessible shower. Paul Lamartina, a
counselor at a muscular dystrophy camp
the boys attend in the summertime, can
attest to how challenging that is.
“With Jake we needed three capable
people and a Hoyer lift to get him to go to
the bathroom,” he said. “The struggle is
real when it comes to everyday activities
we take for granted.”
Lamartina, a 28-year-old who hails
from Marlboro, drops by their home oc-
casionally to watch the boys so Jocelyn
can take a break.
“They’re good kids in a terrible situa-
tion, and they’re trying to make the best
of it,” he said. “After a week (at camp) I
come and sleep for 10, 15 hours straight.
This woman has to do it 24/7. It speaks
to how strong of an individual she is.”
Jackson Liberty High School does its
part, too. Ben is a sophomore there and
although Jake graduated last spring, he
still attends as a “super-senior.” The boys
are quiet around strangers, but last
spring Jake earned the senior class lead-
ership award. “I told him, ‘Jake, you have
taught us acceptance. You have taught
us to stay positive,’ ” principal Maureen
Butler said. “Having students with this
disability in the building, we’ve learned a
lot. It shows that everyone is really cut
from the same heart.”
A gift from God
Jocelyn’s most pressing concern is
finding a high-quality hospital bed for
Jake, whose respiratory troubles lead to
Jocelyn Canale delivers a breathing treatment to her son Jacob Swomiak, 19, in
their Jackson Township home on Feb. 19. Jacob and his brother Ben, 16, both
suffer from Duchenne muscular dystrophy. THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
some long nights. More than anything,
she wants to ease his mind just a little.
“Jacob is full of anxiety,” she said. “He
just turned 19 and his biggest fear is that
it’s over.”
Canale counters that fear with relent-
less energy and optimism. If all the bat-
tles she’s waged sapped her spirit —
stare-downs with insurance companies,
government bureaucracies and human
nature — it doesn’t show.
“Being depressed and down in the
dumps isn’t going to help them,” she
said. “They’ve got a life, so if I can make it
as happy as I possibly can, I’m going to
do it.”
She said this while leafing through old
photos of the brothers in easier times,
when they were able-bodied kids frolick-
ing on beaches and in parks.
“This was my gift from God; he gave
me these two boys,” Jocelyn said. “This
is what I was meant to do. There’s noth-
ing I wouldn’t do for my kids. If I could
take this disease from them, I would.”
Her sons know it. They don’t say
much, but they put their gratitude in
writing.
“She tries the best she can to help us,
when she has no help,” Ben wrote.
“My mom is so strong and powerful,”
Jake wrote, in between coughs. “She is
Wonder Woman.”
A dinner-dance fundraiser for Jake
and Ben Swomiak will be held 7-11 p.m.
March 24 at Jacques Caterers in Jackson.
Tickets are $50 for adults and $40 for
students. For tickets, or more informa-
tion on how to help the family, visit
www.jakebenmd.com.
Carino’s Corner appears weekly in the
Asbury Park Press. Contact Jerry at
jcarino@gannettnj.com.
who cannot testify.”
“If he may repeatedly invoke the
5th, how can you continue to employ
an officer who cannot get on the stand
and testify about matters related to his
work? He still has a dog. It’s business
as usual,” she said.
Wheaten’s attorney told the judge
he is still employed by Atlantic City and
actively working as a police officer. He
started in 2007 and has an annual sala-
ry of $108,548.
Castellani, who was 20 years old
during the 2013 incident, was intoxi-
cated and thrown out of a nightclub at
the casino when he asked nearby offi-
cers — also named in his excessive
force suit — for help finding the other
side of the casino, where his ride was,
court records show.
Castellani was also represented by
Bonjean.
According to Castellani’s civil law-
suit against the city and officers, which
was settled for $3 million in September
2017, the officers patted him down and
taunted him as he walked away.
Security footage of the incident
shows Castellani and the officers yell-
ing at each other from opposite sides of
the street. As Castellani started walk-
ing back toward the officers, they “bum
rushed” him without notice, tackled
him to the ground, and started punch-
ing, kicking and kneeing and clubbing
him, according to the lawsuit.
During the attack, Castellani was
yelling that he was not resisting, the
lawsuit said.
Wheaten arrived at the scene and
sicced the police dog on him, even
though Castellani was face-down on
the ground and subdued, the lawsuit
said.
The dog bit his head and neck area,
both of which are considered off limits,
according to the police department’s
use of force policies.
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One of the state’s largest police More

forces failed to control its officers, al-
lowing a man to be severely bitten by a online
K-9 controlled by a rogue cop, a federal Read the
jury ruled Thursday. whole series
The six-man, two-woman jury at APP.com/
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Will home cultivation be

part of pot legalization? State workers’
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regulate and tax marijuana, is homegrown weed too much USA TODAY NETWORK - NEW JERSEY
to handle?
That question has been thrust before New Jersey state How many NJ Transit workers More
lawmakers, thanks to dueling legislation introduced amid earned more than $100,000 in over-
the continued debate over legal weed. The newest bill, in- time? And who are the political em- online
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TODAY IN HISTORY
Today is Sunday, March 18, the 77th day of 2018.
Shield
There are 288 days left in the year. On this date in: Continued from Page 1A
1837: The 22nd and 24th president of the United
Ocean City man in 2013.
States, Grover Cleveland, was born in Caldwell, New
The civil court jury, sitting in Camden, determined
Jersey.
that Atlantic City should pay plaintiff Steven Stadler,
1925: The Tri-State Tornado struck southeastern 49, $300,000 in compensatory damages. He sued
Missouri, southern Illinois and southwestern Indiana, three officers for excessive force and the city for fail-
resulting in some 700 deaths. ing to train, supervise and discipline its officers prop-
erly.
1980: Frank Gotti, the 12-year-old youngest son of
The jury also found that Police Officer John Devlin, Atlantic City Police Chief Henry White says the
mobster John Gotti, was struck and killed by a car
the K-9 handler, used excessive force against Stadler, department has changed since body cameras came
driven by John Favara, a neighbor in Queens, New
and determined Devlin should pay $500 in damages. into use in 2015. THOMAS P. COSTELLO/STAFF PHOTOGRAPHER
York. (The following July, Favara vanished, the ap-
The jury dismissed claims against officers Glenn
parent victim of a gang hit.)
Abrams Jr. and William Moore.
“Had (the department) intervened, disciplined, Early warning system ignored
had a robust (internal affairs) function, had not re-
warded officers for patterns of excessive force … if the For at least 14 years, the Atlantic City Police Depart-
LOTTERIES city had not turned a blind eye, we would not be here ment ignored an early warning system in place to flag
today,” Stadler’s civil rights attorney, Jennifer Bon- officers who show a pattern of misconduct, Bonjean
SATURDAY, MARCH 17 FRIDAY, MARCH 16 jean, told jurors in her closing statement on Tuesday. argued in the Stadler case.
NEW JERSEY NEW JERSEY Bonjean said the department has condoned mis- Early warning systems are designed to protect both
Midday Pick-3: 814 Midday Pick-3: 275 conduct for years by letting its rogue officers run citizens and officers by making sure supervisors in-
Straight: $218 Straight: $260.50 “amuck,” knowing their violent actions would be ig- tervene with additional training, monitoring, coun-
Box: $36 Box: $43 nored by the city’s “sham” internal affairs system. seling or psychological evaluations if it’s needed.
Pair: $21.50 Pair: $26 She’s been involved several civil rights cases against Wheaten is just one of several officers whose histo-
Midday Pick-4: 8921 Midday Pick-4: 1487 the city, including another that’s scheduled for trial in ry of internal affairs complaints — mostly for exces-
Straight: $3,462 Straight: $2,881 federal court on April 9. sive force — started early and accumulated over the
Box: $144; Pair: $34.50 Box: $120; Pair: $28.50 The jury’s “message is that they think it’s the city’s years, court records show. In a seven-year period, he
Evening Pick-3: 245 Evening Pick-3: 188 fault the cops are doing this,” Bonjean said. “It’s an had 33 complaints against him, 23 of which were for
Straight: $234.50 Straight: $271 extremely challenging case. I had a client who pled excessive force.
Box: $39 Box: $90 guilty to resisting arrest.” None of those complaints were sustained.
Pair: $23 Pair: $27 The city’s defense lawyers contend Stadler was re- Officers who took the stand during the trial —
Evening Pick-4: 9633 Evening Pick-4: 1206 sisting arrest, and that officers used legal and reason- Abrams, Devlin, Moore, Timek and Officer Mike Ol-
Straight: $2,794.50 Straight: $1,047.50 able force to get him under control. Stadler was arrest- droyd — testified that no supervisor ever brought
Box: $232.50; Pair: Box: $43.50; Pair: $10 ed after he attempted to rob a coin box at a car wash their complaint history, or their triggering of the early
$27.50 Jersey Cash 5: 5, 22, 28, owned by an Atlantic City police sergeant at the time. warning system, to their attention prior to 2014 or
Jersey Cash 5: 1, 16, 20, 29, 39; Xtra: 4 A 2018 Asbury Park Press investigation of rogue of- 2015.
24, 43; Xtra: 3 5 of 5 pays $0 ficers across the state found that some of the most vi- Oldroyd testified that he had a meeting with his su-
5 of 5 pays $0 4 of 5 pays $758 olent officers remain on the force even after being pervisors regarding his internal affairs history in Feb-
4 of 5 pays $595 3 of 5 pays $14 charged with crimes. The Press found that millions of ruary 2014 — 14 years into his career.
3 of 5 pays $16 NEW YORK dollars are paid to settle wrongful death or excessive Despite 91 internal affairs complaints until that
NEW YORK Midday Daily: 325 force cases. point, his supervisor at the time agreed that the com-
Midday Daily: 309 Lucky Sum: 10 The three defendant officers all have long histories plaints were mostly “nonsense, not factual” and that
Lucky Sum: 12 Midday WinFour: 6216 of internal affairs complaints, court records revealed. they had an obligation to speak to him because he had
Midday WinFour: 9040 Lucky Sum: 15 “These officers did nothing more than their job that a certain amount of complaints, he testified in a depo-
Lucky Sum: 13 Evening Daily: 314 night,” Tracey Riley, a Mount Holly attorney who rep- sition.
Evening Daily: 629 Lucky Sum: 8 resents the officers, told the jury in her closing state- Oldroyd said he wasn’t left with the impression
Lucky Sum: 17 Evening WinFour: 9678 ment. that he should be doing anything differently, and that
Evening WinFour: 0145 Lucky Sum: 30 Bonjean contends that officers with violent histor- he was a “proactive” officer who was doing a good job.
Lucky Sum: 10 Take-5: 17, 18, 25, 28, 31 ies were promoted and then armed with dangerous Lt. Bridget Pierce said officers were made aware
Lotto: Late drawing Pick 10: 2, 7, 9, 16, 17, K-9 dogs by a police department that ignored its when a complaint was lodged against them, though.
Take-5: Late drawing 19, 29, 34, 35, 38, 39, 44, “early warning system” for nearly 14 years. The system She said now, when an officer is flagged for triggering
Pick 10: Late drawing 49, 50, 51, 62, 64, 69, 70, was set up to identify and remove violent or otherwise the early warning system, a report is generated and
PENNSYLVANIA 80 bad officers. But officers were never held accountable, sent to the county prosecutor’s and attorney general’s
Pick 2 Day: 66 PENNSYLVANIA she told the jury. offices.
Pick 3 Day: 883 Pick 2 Day: 35 The Press investigation that examined police mis- Chiefs of the department throughout the years
Pick 4 Day: 3130 Pick 3 Day: 983 conduct and internal affairs oversight in New Jersey knew the system wasn’t working, according to testi-
Pick 5 Day: 17500 Pick 4 Day: 4605 found that Atlantic City paid out millions of dollars in mony. Chief Arthur Snellbaker, who served from 2000
Treasure Hunt: 13, 22, Pick 5 Day: 73709 civil excessive force lawsuit settlements and identi- to 2006, testified that a computerized early warning
23, 25, 28 Treasure Hunt: 9, 20, 24, fied officers who had trouble throughout their careers system they had was an “unmitigated disaster,” ac-
Pick 2 Evening: 53 26, 30 but were allowed to stay on the force. The city refused cording to 2007 court records.
Pick 3 Evening: 658 Pick 2 Evening: 22 to turn over other settlement records to the Press un- Former Chief Ernest Jubilee testified that when the
Pick 4 Evening: 2034 Pick 3 Evening: 855 der the Open Public Records Act, saying that their rec- city was going through its accreditation process in
Pick 5 Evening: 45938 Pick 4 Evening: 4672 ord-keeping was in disarray and it would cost hun- 2012, the paperwork falsely suggested the city was us-
Cash 5: 3, 4, 23, 30, 31 Pick 5 Evening: 01701 dreds of dollars to track them down. ing a sophisticated software system to track officer
Match 6: 10, 27, 39, 40, Cash 5: 1, 9, 24, 26, 36 The gambling capital of the East Coast, Atlantic behavior.
42, 44 Match 6: 10, 23, 24, 25, City gets about 27 million tourists a year. Between The city’s internal affairs policy, which was revised
MULTISTATE 27, 36 2011 and 2016, six casinos closed, sending the city into in 2010, indicated that the city would start using an
Powerball: Late drawing MULTISTATE financial upheaval. In 2016, then-Gov. Chris Christie electronic tracking system, but the system was never
Mega Millions: 1, 13, 26, appointed a law firm to run the day-to-day operations implemented and a separate policy that would have
33, 52; Mega Ball: 11 of the city as part of a state takeover. shown how the department would respond to those
The once-robust police department has been cut in who triggered the system was never enacted, he said.
recent years from more than 300 officers to 252 today. Prior to a new, more complex electronic early warn-
It still remains one of the largest police forces in the ing system adopted by Chief White in 2015, internal
state. affairs records were kept on a white index card by a
Correction policy clerk in the internal affairs unit, according to court
No oversight records.
The Asbury Park Press is committed to fairness and Atlantic City Police memorandums obtained from
accuracy and corrects its mistakes ungrudgingly. To A number of lawsuits have claimed that people court filings show the department illegally purged in-
request a correction, please call Tamara Wilder (732- have suffered permanent injuries because of rogue of- ternal affairs records until 2008, which is against the
643-4200) during the day on weekdays. For Sports ficers whose bad behavior was ignored throughout attorney general’s guidelines. Since 2000, the guide-
corrections, please call Steve Feitl (732-643-4227). the entirety of their careers. lines have required that records be kept for the dura-
In an interview with the Press Thursday, Police tion of the officer’s career plus five years.
Chief Henry White Jr. said the department has In 2015, the city’s early warning system was drasti-
changed significantly since the implementation of cally improved, White told the Press Thursday. He
body cameras in 2015. He said internal affairs com- said a combination of three criteria will flag an officer
plaints and use of force reports plummeted since with yellow, green or red, all of which gets reviewed.
then. “But I want to be careful to say that just because Some criteria include internal affairs complaints, use
we’re (making) improvements and implementing of force reports, pursuits, accidents and sick time us-
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INVESTIGATIONON

to resume
Here’s what we know so far
about the proposed redesign
Dan Radel Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

EATONTOWN - Public hear- More

ings on the proposed redesign of
Monmouth Mall resume Monday, online
with attention turned to the plan’s Search
700 rental apartments. “Monmouth
The applicant, Eatontown Mall” at
Monmouth Mall LLC, which con- APP.com to
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Board approval for new retail, rec- next for the
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See MALL, Page 2A

Ex-Middletown
cop charged in
New allegations against police follow sex trafficking
$5M in excessive force settlements Susanne Cervenka Asbury Park Press
USA TODAY NETWORK - NEW JERSEY

Alex N. Gecan Asbury Park Press

USA TODAY NETWORK - NEW JERSEY The Washington state man ar- More
“It’s really, you rested Wednesday in Hazlet on
know, really federal sex trafficking charges is a online
This is a part of “Protecting The Shield” — a
changed around two-year Asbury Park Press investigation retired Middletown police officer. Stay with
a bit.” that probes gaps in police accountability, James Keenan, 47, retired from APP.com for
Francis Larkin which can harm citizens and cost New Jersey Middletown Police Department in breaking
Borough police chief taxpayers millions of dollars. 2016 after working for the depart- news,
SEASIDE PARK - A decade ago, the bor- Above: Seaside ment for more than 25 years. He updates,
ough’s largest concert venue was a battle line. Park Police earns a pension of $79,876, ac- videos and
The Green Room at the Sawmill Café res- Chief Francis more
taurant brought in hundreds of out-of-town Larkin See COP, Page 4A
visitors, creating what the current police Below left:
ATTENTION HOMEOWNERS
chief called a “party-like atmosphere.” But the Stephen
More Green Room’s former owner claimed the bor- D’Onofrio
Call No
w
online ough establishment wanted him gone be- Below center: FR
Safety EE
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cause he was booking “black bands” in a town Kevin Kopacko A $59 rade*
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At the forefront of the battle were the po- exterior of the
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view videos and new federal lawsuits — one from a former Top: The Say “Good-bye” to
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6A z SUNDAY, APRIL 15, 2018 z ASBURY PARK PRESS
Echoes
Continued from Page 1A
them, many at or near the Green Room,
between 2004 and 2007, an Asbury
Park Press investigation found. Now, 10
years later, the Green Room is gone, but
at a cost of $5.5 million to taxpayers: $3
million in excessive force lawsuit settle-
ments and $2.5 million to the former
Green Room operator, Stephen D’Ono-
frio.
D’Onofrio eventually sold the busi-
ness, claiming in his lawsuit that the po-
lice, the Borough Council,
a former mayor, the plan-
ning and zoning boards,
both borough political
parties and a taxpayers’
association — with help
from code enforcement
Mouaid officials — all conspired
Homsi to try to close the Green
Room.
D’Onofrio said they called the plan
“the Program.” It was a sophisticated
mechanism for applying pressure to ret-
icent business owners — a pattern of er-
roneous inspections, citations and en-
forcement actions, according to his suit.
The borough denied D’Onofrio’s allega-
tions in its official response to the law-
suit.
More recently, Thomas Schiermeyer,
a former police recruit and later a Class
II part-time police officer, has sued a
borough police detective sergeant, Mat-
thew Brady, for allegedly bullying
Schiermeyer for more than a year. Brady
is also facing criminal charges for alleg-
edly pointing a gun at Schiermeyer, on
Nov. 15, 2016.
Another man, Mouaid Homsi, has
claimed in another federal lawsuit that
borough police used excessive force
when arresting him in May 2014.
Seaside Park is a 0.7-square-mile
town situated between the Atlantic
Ocean and Barnegat Bay. Its residential
population of 1,579, which is 97 percent
white, swells to many thousands during
the summer tourism season.
From 2004 through 2007, visitors
claimed that the police: aggravated a
chronic back injury; caused a groin in-
jury; pushed a cut face into sand and
then pepper sprayed the person;
slammed heads into filing cabinets and
cell doors; beat men while already on
the ground or unconscious; forced a
woman to sit handcuffed with her
breast exposed; used choke holds and
pepper spray; and punched or kicked
suspects who were already on the
ground, according to the lawsuits.
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e
The Seaside Park Police Department, Municipal Hall and Emergency Management building
DAVID GARD/CORRESPONDENT
The Seaside Park Police Department, Municipal Hall and Emergency Management
building DAVID GARD/CORRESPONDENT
Twelve of the 14 federal suits and the
state suit were settled without admis-
sion of wrongdoing by police or the bor-
ough. One was dismissed. A federal jury
in 2007 found two officers liable in the
one suit for falsifying documents. One
of the two officers was also found liable
for using excessive force.
Of 13 full-time officers employed by
the department, 11 have been sued in
federal court on claims of civil rights vi-
olation since 2004. The borough denied
its police officers ever used excessive
force. It has never made any admission
of wrongdoing.
In a 2017 interview — before the alle-
gations against Brady came to light —
borough police Chief Francis Larkin
said the area around the Sawmill had
been “hostile,” but that the borough is
Suzanne L.
Nucleus recipient
now a “family resort.”
Conspiracy or not, the borough no
longer has the Green Room concert hall.
“It’s really, you know, really changed
around a bit,” Larkin said.
The Sawmill’s current general man-
ager, Ron Rinaldi, echoed those senti-
ments. “Then, it was a nightclub. Now,
it’s a family restaurant,” he told the As-
bury Park Press.
There are still concerts in Seaside
Park, some held on the police depart-
ment’s lawn. The summer 2017 lineup
prominently featured rock and oldies
bands from along the Jersey Shore.
D.J. D’Onofrio, Stephen’s brother,
runs a trust that now owns the Sawmill,
which remains a massive compound at
the southern end of the borough’s devel-
oped section of boardwalk.
Rinaldi said relations with borough
police could not be better.
“That’s history, I don’t want to get
into what happened then,” Rinaldi said
of the era of lawsuits. “I can just tell you,
right now, we have a great relationship
with the township, the mayor, the Coun-
cil and the police chief, for the past eight
years, nine years. And of course, with-
out their cooperation, all this couldn’t
have been done.”
“All this” refers to the reborn Sawmill
— the new express pizzeria, the al fresco
dining, the tiki bar, a pastel-painted
banquet hall where the Green Room
once was, and gleaming kitchen equip-
ment where the stage once stood.
Stephen D’Onofrio said he did not
want to revisit the allegations that led to
the borough’s $2.5 million settlement
with him. One of those allegations —
which the borough denied — was that
borough officials objected to him book-
ing “black bands,” beginning when he
booked hip hop artist Method Man in
April 2004 and began attracting audi-
ences more diverse than the borough.
Larkin said that race has never been
an issue for his officers.
“I don’t think race played into it at
all,” Larkin said of police activity around
the Sawmill in the 2000s. “I know that
there were accusations of race with the
different bands ... for us it wasn’t about
race at all.”
For borough police, Larkin said, the
only issue was the “party-like atmos-
phere” the Green Room created.
Although the 13 full-time officers
were white, “We do try to hire blacks,
Hispanics, we try to get females on our
rolls, and we make that up through our
summer (part-time) officers,” Larkin
said.
The chief said there had never been a
“sustained” complaint of excessive
force, then or now.
“When our officers were up there
around bar closing time, it was very hos-
tile for them,” he said.
Calm in recent years
The concert hall had opened in 2003
in the newly renovated Sawmill, which
D’Onofrio had owned since 1977. Larkin
said everything turned around once the
Green Room closed in 2009.
Since then, Larkin has presided over
a period of relative calm for the borough
police department.
To illustrate his point about the
Green Room, Larkin noted the police de-
partment’s arrest statistics in the bor-
ough — 235 in 2005 and 278 in 2006
down to only 145 in 2016.
Most of the men and women who
sued police over excessive force a dec-
ade ago declined to discuss their cases
Thomas Mallon
ANDREW FORD/STAFF PHOTO
today.
A common component of settlement
agreements is language forbidding any
discussion of the terms of the settle-
ments or the lawsuits that led to them.
One former plaintiff, though, did dis-
cuss his ordeal that affects him to this
day.
Dean Hughes, 52 of Brick, said he still
suffers from injuries sustained during
his December 2004 arrest in Seaside
Park.
He had been escorting his brother out
of the Sawmill at a bouncer’s request
when other bouncers jumped him, he
told the Press. He was able to hold off
several of them before one bouncer
tackled him from the side, injuring his
back.
When police arrived, he was in so
much pain he had to be handcuffed with
his hands in front of rather than behind
him, he said. That did not stop the offi-
cers from dragging him by his hands
and belt loops and giving him a deliber-
ately stop-and-go ride to headquarters,
he said.
“The officer driving the car kept say-
ing, ‘Your back hurts?’ and kept slam-
ming on the brakes,” he recalled. “I was
in so much pain I could barely breathe.”
In his lawsuit, Hughes claimed that
the officers who arrested him “purpose-
ly applied the brakes of the patrol car in
response to [his] request for medical
treatment, causing him additional back
pain.”
When they pulled him out of the
cruiser at police headquarters, he told
the Press, the punching began. His law-
suit also claimed that police “struck
[him] repeatedly and dragged him out of
the patrol car into headquarters,” where
he “was kicked and verbally abused” by
police officers.
“I was out cold,” he said. He woke up
handcuffed to a bench inside.
Police charged Hughes with aggra-
vated assault, resisting arrest and dis-
orderly conduct — “fabricated charges,”
according to the lawsuit he filed in 2006.
He ultimately pleaded guilty only to dis-
orderly conduct which, he told the
Press, was fair enough, given that he
fought with bouncers. Now he steers
clear of Seaside Park, he said.
The borough denied all of Hughes’ al-
legations — false arrest, the application
of brakes, the repeated strikes and
abuse of the legal process — in a re-
sponse to his complaint.
Cops were in a ‘hostile
environment’
Larkin was the internal affairs inves-
tigator during the tumultuous years af-
ter the Sawmill finished its expansion in
2003. He said the cops in question were
just caught up in a violent environment.
“I don’t think there’s any culture of
continued excessive force at all,” Larkin
said. “I know there’s not, and I know
there’s not here.”
Culture or no, a federal civil trial jury
ruled in February 2007 that then-police
Sgt. James Citta had used excessive
force against Jose Roman and that Citta
and then-Sgt. James Boag had falsified
records in a November 2003 arrest near
the Sawmill.
Roman, 28 at the time and living in
Seaside Park, had gone to the Sawmill
with two sisters, then-23-year-old Me-
lissa Bruno of Waretown and then-26-
year-old Melanie Bruno of Manchester,
as well as other friends. Bouncers
kicked out the Brunos, and police ar-
rested all three. Their attorney claimed
in the suit that police had pushed Ro-
man’s head into a filing cabinet, knock-
ing him out, and forced Melanie Bruno
to sit handcuffed with a breast exposed
at the police station.
See SEASIDE PARK, Page 7A
 e APP.COM z SUNDAY, APRIL 15, 2018 z 7A

Seaside Park
Continued from Page 6A

Police then dragged the unconscious Roman to a

cell, “slammed” his head into the cell door, threw him
in and, when he came to, kicked him in the head and
face, according to the complaint.
Attorneys for the borough denied the violence and
the ripped top in court filings.
The jury, though, found the borough liable and
awarded Roman and the Brunos $600,000.
Citta was the department’s use-of-force instructor.
He was frequently named as a defendant because of
that role, and for his direct involvement in some of the
arrests. He remained at work after the trial, but later
retired on a disability pension — and then sued the
borough, alleging that police supervisors had discrimi-
nated against him because of his weight and had re-
taliated against him over union and other issues. A
federal court dismissed Citta’s lawsuit.
Public records show he holds an inactive insurance
agent’s license registered to the address of a Toms Riv-
er bail bonds and private investigation agency. The of-
fice was vacant when reporters visited. He has not re-
turned messages left at various business numbers.

Cutting losses?

D’Onofrio’s $2.5 million settlement in January 2013

was the climax of the Seaside Park’s long season of
lawsuits. The Sawmill Cafe in Seaside Park DAVID GARD/CORRESPONDENT
For the first time since 2004, the borough was not
fighting a federal lawsuit.
The final price tag of nine years of litigation: $5.5 Like current Sawmill manager Rinaldi, D’Onofrio
million. calls past events “history.”
Larkin said that, when the borough and its insur- “It’s so costly to defend these cases. There’s always So does Kevin Kopacko, Rinaldi’s predecessor. The
ance carrier pay a settlement, it’s a question of avoid- been a hop-off point because of the cost factor former general manager at the Sawmill got a $250,000
ing a more expensive, drawn-out court battle. involved.” settlement of his own. The borough made no admis-
“It’s so costly to defend these cases,” Larkin said. Francis Larkin sion of wrongdoing.
“There’s always been a hop-off point because of the Borough police chief Kopacko sued the borough and the police after he
cost factor involved.” said Citta and other officers “assaulted” him after he
“It’s a shame that money became part of the whole his position … to shut down the Sawmill,” the suit videotaped their behavior at the Sawmill. In court fil-
formula, because it would be nice to go forward all the claimed. The borough denied any such bargain in ings, the borough denied its officers had done anything
way and show that there was no excessive force used court papers. wrong.
on the part of the officer,” Larkin said. “That, I always z Borough officials implied the sudden flurry of Like Larkin’s assertions on the character of the bor-
thought that there was something wrong with that.” fines, fees and red tape would blow away if he stopped ough, Rinaldi says the Sawmill is now geared to fam-
Civil rights attorneys agree that settlements are fre- bringing “black bands” to the borough. He refused, but ilies, and “we get along great with the police.”
quently in their clients’ best interests but reject the no- ended up selling the restaurant. The borough denied The chief agrees.
tion that excessive force lawsuits are baseless. any such implication and denied that it had anything “We are the family resort,” he said. “We want to be
Thomas Mallon, a Freehold attorney who estimates called the “Program” or that it wanted to bankrupt the family resort.”
he has handled 150 police brutality cases in 15 years, businesses it didn’t like. Alex N. Gecan: @GeeksterTweets; 732-643-4043;
says police departments can build up cultures of using When the borough settled D’Onofrio’s suit for $2.5 agecan@gannettnj.com
and excusing excessive force, passing it down from million, it made no admission of wrongdoing. Contributing: Jean Mikle
veteran officers to rookies. Today, D’Onofrio does not discuss the old days, at
Between 2004 and 2007 Mallon filed six of the 14 least not with the media.
federal lawsuits against Seaside Park on behalf of men
and women who claimed that police beat them or
placed them under false arrest. Mallon said he could
not discuss individual settlements or municipalities,
and spoke in general terms based on his experience.
The suits Mallon filed all settled, for a total of more
than $1.5 million.
“In the departments where I’ve seen a culture of this
type of behavior, where it’s accepted, what happens is
the brass … the chiefs and captains and people in
charge of internal affairs, they buy this baloney and
they accept these stories that just don’t make any
sense,” Mallon said. “They ignore obvious evidence
that their officers used excessive force, that their offi-
cers were in the wrong.”

The ‘Program’

D’Onofrio took his accusations much further than

excessive force. Police running roughshod over tour-
ists was just one component of a policy of running “the
Program” to drum out businesses that did not gel with
the borough’s image.
Below are D’Onofrio’s allegations in his 2009 civil
complaint, filed by Attorney Philip A. Davolos. The
borough denied in legal papers that there was any or-
ganized incursion into the Sawmill, and admitted only
that “various citations were issued to and/or at the
SawMill Café regarding underage drinking and other
matters at various times.”
z The trouble began after a concert by rapper Meth-
od Man in April 2004. That concert and others drew
“ethnically diverse” audiences in contrast to the “de-
cidedly homogenous” year-round population of the
borough.
z Since D’Onofrio refused to “racially vet the per-
formers at the Sawmill,” the township establishment
“embarked on a five-year campaign of extortionate
and fraudulent activity that violated plaintiff ’s civil
rights and destroyed plaintiff ’s business.” The bor-
ough denied the “campaign” and its alleged basis in
court documents.
z After the Method Man concert, undercover offi-
cers suddenly began working the Sawmill late at night
on weekends, and at times “interrogated and ha-
rassed” patrons and employees. They would also troll
for underage patrons drinking alcohol, but would only
issue them costly municipal fines rather than turning
them or the bar over to the Department of Alcoholic
Beverage Control.
z D’Onofrio eventually told Sgt. Bryan McKay —
who is now an internal affairs investigator for the de-
partment — that he was getting uncomfortable with
police in his bar. “You worry too much,” McKay told
him. “These tickets are $250 each.” D’Onofrio took that
“to mean that the ‘tickets’ were a good ‘moneymaker’
for Seaside Park,” the suit claimed.
z D’Onofrio then found himself the target of code
violation citations and expensive new special condi-
tions on renewals for his liquor license.
z The borough went so far as to hire a construction
official “in exchange for the promise that he would use

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