Published Quarterly by the

                        THE                                           Union County Prosecutor’...
ALERT!!!
                  Weapons we wish were not manufactured or so readily available to the general public
           ...
ALERT! -- continued
       WARNING: SNOWMEN T-SHIRTS MAY INDICATE GANGS OR DRUGS
   The prominent rapper Young Jezzy may h...
What’s Growing In That House? Law Enforcement Needs A Warrant For
Thermal Image Check, Electric Power Usage
              ...
Gun Surrender Program Continues To Get Weapons Off The Streets
   More than 200 guns have been collected
during the first ...
Recent Legislation
                                       Please note the following recently enacted legislation.
        ...
Summary of Recent Cases
State v. Luis Perez, 185 N.J. 204 (2005)
  In a unanimous opinion, the Supreme Court held that the...
Roll Call!
                                     New Faces at the Prosecutor’s Office
                      Akinyemi T. Aki...
Meet Ann Luvera, The First Female To Ever Head Up The UPCO Homicide Unit
                         Prosecutor Theodore Roma...
Hats Off and Good Luck to...
   Garwood Police Chief Dennis K. Lesak is retiring this month after 28 years of
service to t...
Plainfield’s Lieutenant Donald B. Moye




              Lt. Donald B. Moye walks out of Plainfield Police Division Police...
New Promotions At The Hillside Police Department!
   Hillside Police Chief Robert Quinlan
takes great pride in announcing ...
93rd Basic Police Training Class Graduates from John H. Stamler Police Academy
 Please join us in congratulating the 91 --...
Thanks for “Counting Your Blessings”
   Some folks call it the ultimate
“labor of love” while others say it’s
just a nice ...
Union County Prosecutor’s Office: A Historical Perspective
                            Part 10: 1970 to 1975
             ...
Union County Prosecutor’s Office Telephone Numbers
Prosecutor Theodore J. Romankow...........................................
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  1. 1. Published Quarterly by the THE Union County Prosecutor’s Office for the Law Enforcement Community NEWSLETTER www.ucnj.org/prosecutor Volume 9 Number 1 January 2006 Message From The Prosecutor Will government leaders, in the year 2103, Those of you who read understand why we worked so hard to dismantle The Newsletter regularly organized gang activity, to combat Human know that I am an avid Trafficking at all levels, to educate young people student of history, and and health officials about Shaken Baby that I have benefitted Syndrome and to create special units to handle immensely by studying the Insurance Fraud, Child Abuse and defendants policies and programs with special mental health issues? established by the Union One year ago, the opening of a new DNA County Prosecutors who forensic laboratory in Westfield was but a dream, came before me in order to and we were only hoping to have a safe, modern continue the tradition of location to house our Intelligence Unit, our Gang excellence here in this Unit and our Narcotic Strike Force. Now, in this office. year of 2006, those visions are a reality but there It should come as no Theodore J. Romankow is still so much more to be done. surprise to learn that I was One thing is certain. We are working, with deeply honored to be present when the original the support of the freeholders and the county cornerstone of the Union County Courthouse set in manager, to bring our information, prosecution the year 1903 was opened to reveal documents, and investigation efforts into the twenty-first newspapers, coins and schematic drawings from century with all the resources we can muster. our government as it operated a hundred years Your continued assistance is both welcomed and ago. appreciated. I was honored again over the holidays to select With that being said, let me extend to each of yet another series of items to be placed back into you my best wishes for a safe, healthy and the cornerstone to give county residents a productive year. historical snapshot of the Union County Theodore J. Romankow Prosecutor’s Office when the cornerstone is re- opened again in the year 2103. In This Issue I ordered that a specially bound copy of the history of the office, dating back to the creation of ALERT................................................................................... 2 Union County back in 1857, be included in the cornerstone as well as annual narratives Crime Stoppers of Union County....................................... 3 describing our efforts and an album of our current State v. James Badessa: Even Drunk Drivers Have staff. A great many of achievements come from the Constitutional Rights.......................................................... 3 partnerships developed within the 21 municipal What’s Growing In That House? Law Enforcement police departments, the Union County Sheriff’s Needs A Warrant For Thermal Image Check, Office, the Kean University Police Departments Electric Power Usage.......................................................... 4 and the Union County Police Department. This unique opportunity gave me a chance to Gun Surrender Program Continues To Get Weapons reflect on some of the progress we have made, Off The Streets..................................................................... 5 with your help and support. Recent Legislation............................................................... 6 Will the citizens who look back one hundred Summary of Recent Cases................................................. 7 years from now know why it was important to expand our abilities to detect, arrest and prosecute Roll Call!............................................................................... 8 hundreds of drug dealers, to take down one dozen major importation networks that supplied our Gang Hotline Phone Number............................................. 9 citizens with heroin, cocaine, ecstasy, marijuana Union County Prosecutor’s Office: and oxycontin in such enormous quantities? A Historical Perspective..................................................... 14
  2. 2. ALERT!!! Weapons we wish were not manufactured or so readily available to the general public and other dangers you should be aware of. Be Warned...Be Careful...Be Safe! The listed items were submitted by Detective Paul Han, Union County Prosecutor’s Office Counter-Terrorism Office Coordinator CONCEALABLE FIREARM -- KEY RING GUN This 80mm x 30 mm weapon can appear like a common key ring, a vehicle immobilizer or MP3 player, and can be carried in pockets or around the neck. Made of aluminum alloy and steel, and unusually light-weight, it separates into two parts: the double barrel (silver section) and the rear key ring firing pin mechanism (black section), and has an effective (accurate) range up to 100 meters, with a maximum range of over 800 meters. The muzzle velocity is .32 calibre (275 meters/second, though that is likely to be less due to the short 30 mm barrels. The trigger mechanism is cocked by simply pulling the key-ring section to the rear, raising the two trigger buttons which can be fired separately. This mechanism may be prone to unintentional discharges. A recent police raid yielded over 900 of these items, which were ready for distribution. A further 2500 parts ready for manufacture and assembly were also recovered. It is suspected that 50 of these firearms may be in circulation. These items are difficult to detect or identify, especially if carried disassembled, or with numerous individuals carrying parts. While the firearm does show in X-ray facilities, it is not readily discernable from other items being carried, especially if the weapon is disassembled. RECONFIGURED “C” BATTERY USED TO STORE KEY RING GUN WEAPON OR CONTRABAND (CONCEALABLE FIREARM) During a routine search in the common area of a This flashlight/stun gun was found housing unit, officers came upon what appeared to be during a secondary search at one of a standard package of size “C” batteries. the security checkpoints at Indianapolis However, these photos document how one of the International Airport on October 14, batteries had been altered and was being used to 2005. It looks and operates as a conceal a weapon. flashlight, but when you take the cover The hidden compartment in the battery contained off, and insert four pieces of steel which screw together to make a the key at the very effective 6” ice pick-type weapon. The metal was bottom, it wrapped in tissue paper to eliminate noise, and the turns into a top of the battery was firmly in place when discovered. stun gun. A contraband scanner failed to display the contraband when the battery was screened. BELT BUCKLE KNIFE This belt buckle knife was confiscated from a high school student. The knife is constructed to fit into the main part of the belt buckle, and could easily be drawn and opened. The blade of the knife is approximately 2” long and locks into place. Officers should take note of the construction and use caution when dealing with subjects wearing oversized belt buckles. ...continued on next page... Page 2
  3. 3. ALERT! -- continued WARNING: SNOWMEN T-SHIRTS MAY INDICATE GANGS OR DRUGS The prominent rapper Young Jezzy may have started a new trend which is bound to start spreading for a while: Snowmen T-shirts. He wears a snowman necklace, and then apparently began sporting a t-shirt with a snowman on it. Snowman is slang for coke dealer, and Intel indicates that some wear the t-shirts to indicate they deal cocaine. A sample of the snowman shirt was taken from a student in Roselle Park and his mother was quot;shocked and surprisedquot; to learn what it meant with police officers explained. Whether or not these shirts are representative of the Bloods’ dawg paws (three circles), Gang Officers have been seeing a trend of juveniles wearing the black or white tees with a snowman depicted on the front, or a snowman with a frown wearing a red or blue bandana (indicating Blood or Crip, respectively.) The t-shirts are sold by the same outlets selling “stop snitching” and “snitches get stitches” shirts. More schools are banning the shirts, including some in Union County. Keep a lookout for anyone wearing the shirts, and any businesses that are selling them. State v. James Badessa -- Even Drunk Drivers Have Constitutional Rights By Assistant Prosecutor Sara B. Liebman Appellate Unit Police officers who participate in sobriety checkpoint operations can take guidance from a recent New Jersey Supreme Court case involving a motorist who fled a DWI checkpoint area. In this case, the Supreme Court reversed the defendant’s conviction for refusing to submit to a breathalyzer test because the refusal stemmed from an unconstitutional motor vehicle stop. Here are the facts. The Ventnor City Police Department had set up a sobriety checkpoint. The officers were directed to stop every fifth car as well as any illegally driven car, to check the drivers for signs of intoxication and to distribute literature regarding the dangers of drunk driving. There were signs indicating a DWI checkpoint and there were orange cones set up three blocks before the checkpoint, forcing traffic into one lane. There were no signs or cones prohibiting turns onto the intersecting streets immediately before the checkpoint. The officers were told to stop any car that tried to avoid the checkpoint after entering the checkpoint zone, which began with the orange cones. The defendant turned to avoid the checkpoint after the first sign indicating a DWI checkpoint ahead. This turn was inside the checkpoint zone. The defendant was stopped and, based on the officer’s observations and the defendant’s admission that he had had two glasses of wine with dinner, he was arrested for DWI. At headquarters, he was advised that he was required to submit to a breathalyzer, and failure to comply would result in a summons for refusal. The defendant twice refused to submit to the breathalyzer and, thus, was issued the appropriate summons. At trial, the municipal judge denied defendant’s motion to suppress, and found defendant not guilty of driving while intoxicated but guilty of refusal. On appeal, the Law Division upheld defendant’s conviction, holding that defendant knew or should have known that once he entered the checkpoint zone, turning to avoid the checkpoint would result in a stop. The court also held that even if the stop was unconstitutional, the defendant’s refusal was an independent intervening act such that the exclusionary rule did not apply. The Appellate Division differed from the Law Division, holding that there were not sufficient warnings that a lawful turn onto an intersecting road would result in a permissible motor vehicle stop; thus, the initial stop of the defendant was unlawful. However, the court found that the defendant’s refusal was an independent, intervening act and, therefore, the evidence supporting the request for the breathalyzer was admissible. The Supreme Court disagreed, finding that the evidence of the defendant’s intoxication necessary to prove refusal was directly connected to the unlawful stop and, therefore, not admissible. The Supreme Court did not rule on whether notification that a turn to avoid the checkpoint would result in a motor vehicle stop would have made the initial stop lawful. However, based on Badessa, it seems prudent to insure proper notification that turns to avoid a checkpoint within a certain zone are prohibited and will result in a motor vehicle stop. Union County Crime Stoppers Crime Doesn't Pay, But We Do! Up to $5,000 for information leading to arrest and indictment of criminals Call 908-654-TIPS (908-654-8477) Page 3
  4. 4. What’s Growing In That House? Law Enforcement Needs A Warrant For Thermal Image Check, Electric Power Usage By Assistant Prosecutor Scott M. Kraus Union County Narcotic Strike Force A court case from 2005 has provided officers some additional guidance about search warrants and consent searches. Last May, the New Jersey Appellate Court’s decision in State v. Keith R. Domicz, 377 N.J. Super. 515 (A.D. 2005) ruled that the police may not ask for consent to search a home without a reasonable articulable suspicion. The Court also ruled that a search warrant is needed to obtain utility records that disclose the amount of electrical usage in a particular residence. Finally, the Court ruled that a search warrant is required to conduct a thermal-imaging scan of a residence. The facts of the case revealed that in January, 2000, law enforcement obtained information via subpoena that defendant, Keith Domicz, received four packages of unknown size and content from a local business that sells plant growth equipment. Law enforcement, suspecting that defendant might be growing marijuana in his home, obtained a subpoena to compel the power company to produce records concerning defendant’s residential use of electricity, as well as two similar houses for comparison purposes. In May 2000, a warrantless thermal scan was conducted to Domicz’s home which did not demonstrate that an unusual amount of heat was escaping from the residence. On July 27, 2000, several plain clothes, armed law enforcement officers, entered the curtilage of defendant’s home, knocked on the door and eventually obtained defendant’s signed, written consent to search the residence. The search revealed over 100 growing marijuana plants, numerous plastic bags containing marijuana and a quantity of methamphetamine. Defendant Domicz’s version was substantially different than that of the police. Defendant testified that the police knocked on his door and stated that they had a search warrant. Defendant claimed the police did not have permission to enter or search his home. Defendant further claimed that he was asked to sign a form that he was not permitted to read (the consent to search form), only after the search was conducted. It should be noted that the record did not reveal what the precise nature of the packages defendant obtained from the merchant that sold plant growth equipment or why a subpoena was sought to obtain their records. Also, the record failed to disclose what the subpoena of the power usage in defendant’s home, compared to that of two similar houses revealed. Finally, the record did not contain any information on why law enforcement initially undertook investigating Domicz or his residence. (Any experienced narcotic detective would be hard pressed to believe that the police here did not have some information, whether from an informant or a concerned citizen, that marijuana was being grown by defendant, and/or at the particular residence.) In deciding that the thermal scanning of a residence constitutes a search within the meaning of the Fourth Amendment, the Court noted that the Supreme Court of the United States ruled that the thermal scanning of a home may not be conducted without a search warrant in Kyllo v. United States, 533 US 27, 121 S.Ct. 2038, 1506 Ed.2d. 94 (2001). Although Kyllo was decided slightly more than a year after the thermal scan conducted in this case, the Domicz court ruled that the Kyllo decision was foreseeable by New Jersey law enforcement. In sum, the Court ruled a warrantless thermal scan of a residence unreasonably intrudes into the interior of a home. In ruling that a search warrant was needed to obtain electrical usage records maintained by a power company, the Court found that an individual had an expectation of privacy in utility records that were created, maintained, and/or possessed by a third party. The Court rejected the State’s arguments that there was no expectation of privacy in utility records that are created by and are in possession of a third party, and that the records do not contain information that reveal private, personal or intimate details of what occurs in the residence, but only the amount of electrical usage occurring in the home. Finally, the Court ruled that law enforcement must have a reasonable and articulable suspicion that criminal activity is occurring within a residence before requesting consent to search the residence. The Domicz Court based this ruling on State v. Carty, 170 N.J. 632 (2002), which held that the police need a reasonable and articulable suspicion before seeking consent to search a motor vehicle. The Domicz court ruled that it would be inconsistent to allow law enforcement to obtain consent to search a residence without having a reasonable and articulable suspicion when a reasonable and articulable suspicion is required to obtain consent to search a motor vehicle, especially in light of the fact that an individual has a greater expectation of privacy in one’s residence as opposed to one’s motor vehicle. In sum, law enforcement needs to be cognizant that a search warrant is required to obtain utility records to examine the usage of that utility and also need a search warrant to conduct a thermal imaging scan of a residence. Also, law enforcement is required to have a reasonable and articulable suspicion before seeking consent to search a residence, the same standard required to seek consent to search a motor vehicle. As always, officers with search warrant questions concerning drug investigations should reach out for the assistant prosecutors at the Union County Narcotic Strike Force for assistance. Page 4
  5. 5. Gun Surrender Program Continues To Get Weapons Off The Streets More than 200 guns have been collected during the first year of the unique gun surrender program that has allowed Union County residents to turn in handguns and rifles in exchange for certificates good for up to $50 for food or sports equipment. Prosecutor Theodore J. Romankow has been encouraged by the results of the gun program, which has resulted in the surrender of more than 200 weapons since it started last October. Newspaper ads paid for with money from a federal gun violence reduction grant have run in local newspapers, and the rifles, shotguns and pistols turned in are being checked carefully and eventually melted down into useful items such as manhole covers and metal fasteners. “We really can’t lose when law abiding citizens and others who have a gun and have really been wondering how to get rid of it come in and help us avoid the possibility that these dangerous weapons can ever be used for an illegal purpose in the future,” said Romankow, who said New York City officials were able to retrieve thousands of guns several years ago with similar efforts. “There comes a point in time when people have to take a stand,” said Plainfield Police Chief Edward Santiago. “Here is a chance for residents to help law enforcement, maybe pick up a voucher to buy some holiday gifts, or even put extra food on the table.” He explained that every handgun turned in leads to a $50 gift card that can be used in any Modell’s sporting goods store or a $50 certificate for a Supremo Supermarket. Rifles or shotguns turned in at the new county police headquarters building yield a $25 payback at either store, authorities said, adding the weapons that are brought in are carefully wrapped in a paper bag or tied with string. “I assigned three veteran officers who are expert firearms technicians,” said Union County Police Chief Daniel Vaniska. “We know there are citizens who have guns in their house somewhere and have been looking for a safe way to turn them in.” Officers in the past have received handguns that were inherited and sitting in closets for years, a loaded revolver brought by two kindly ladies from Elizabeth and a sawed-off semi- automatic rifle from a teenager in Plainfield. In 2003, Romankow, 15 of the 28 murders in the county were committed with guns, while in 2002, ten of the fifteen murders were shootings and eight of eighteen in 2001. Last year and this year at least a dozen homicides involved handguns, police said. Members of the freeholder board have also voiced their support for “a well-executed program that can save lives and reduce crime in a unique way at no cost to taxpayers. Some of the guns, depicted in the photo below, range from a cheap “Saturday Night Special” to elaborate and expensive collector’s guns. Officers from the Union County Police Department, who have teamed up with the Union County Prosecutor’s Office on a unique gun surrender program, pose with the 73 different firearms collected at the most recent target turn-in date. From left to right are Sergeant Michael Sandford, Lieutenant Richard Puschel, Captain Chris Hansen, Detective Krzysztof Audinis and Corporal Manuel Corte. Page 5
  6. 6. Recent Legislation Please note the following recently enacted legislation. Please contact Executive Assistant Prosecutor Anne K. Frawley (908-527-4650) in the event you have any questions or should you need copies of the text of these statutes. Copies of all New Jersey legislation and statutes may also be obtained on the Internet @ www.njleg.state.nj.us/ All legislation is effective on the date signed unless otherwise noted. Chapter 224, Laws of 2005 Effective September 22, 2005 This legislation amends N.J.S.A. 2C:21-2.1 and expands identity theft statutes to include the selling, manufacturing, possessing or exhibiting false birth certificates. It also makes it a disorderly person offense where a person uses the personal identifying information of another to illegally purchase alcoholic beverages or tobacco products. This legislation also amends N.J.S.A. 2C:21-17 to include impersonating another to make an application for services to avoid payment for prior services. Chapter 225, Laws of 2005 Effective September 22, 2005 This legislation amends N.J.S.A. 2C:21-6.1 and makes it a crime of the fourth degree for a person to knowingly possess with intent to utilize any device, equipment or software that is specifically designed or adapted for use as a quot;scanning device or reencoderquot;. Chapter 226, Laws of 2005 Effective January 1, 2006 This new legislation will be known as the quot;Identity Theft Prevention Actquot; and was enacted as N.J.S.A. 56:11- 44 - 45 and N.J.S.A. 2C:21-17.6. N.J.S.A. 2C:21-17.6 allows the victim of identity theft to report such crime in the jurisdiction in which they reside. This portion of the legislative changes will take effect immediately. Chapter 230, Laws of 2005 Effective September 22, 2005 The legislation amends N.J.S.A. 2C:40-22 and designated as quot;Christopher's Lawquot;. This legislation now includes persons whose drivers licenses have been suspended or an individual who has never obtained a drivers license and is involved in a motor vehicle accident resulting in death is guilty of a third degree crime. If the victim suffers serious bodily injury, the actor is guilty of a fourth degree crime. This statute also provides for the revocation and suspension of the defendant's drivers license. Count On The Holiday Spirit In Union County For anyone who even thought there might not be a real Santa, think again. The police officers from PBA Local 19 in Plainfield came through for the kids in need once more this year, continuing their extremely popular quot;Officer Santaquot; program with lots of city youngsters lined up at the Plainfield Rescue Squad Building on Spooner Avenue during Christmas week to pick up a toy and some of them weren't getting much else. Officer Andre Crawford, president of the local, and the vice president, Officer William Tyler, both expressed their gratitude to quot;the good folks in the community and throughout the countyquot; who again donated hundreds of toys for the children to receive from Santa as they posed to take their picture with him. quot;We know the kids really enjoy this and it's a labor of love,quot; said Crawford, who traveled to Elizabeth with Tyler to pick up a truckload of toys at the Union County Prosecutor's Office. Michele Capozzoli, who works on the fourth floor at the Ruotolo Justice Building, organized a huge toy drive that was boosted by her colleagues Janet O'Donnell and Margaret Nagle at the Police Desk. There, surrounding a perky Christmas tree, huge boxes of games, makeup kits, a pool table and teddy bears, police cars and clothes donated by Prosecutor's Agent Dave Carney and Assistant Public Information Officer Karen Positan sat piled high waiting for delivery to the Plainfield kids. Meanwhile, downstairs on the second floor a huge box of special goodies for the children infected with HIV virus at the St. Clare's Home for Children in Elizabeth waited to be delivered through the efforts of Wendy Davis and Beverly Hoptay. With a quot;Giving Treequot; loaded with toys for other kids in Union County, it all made Prosecutor Theodore J. Romankow beam with pride at the way his employees took to the spirit of the holidays. quot;I feel really good about this and I know everyone here does too,quot; he said. Page 6
  7. 7. Summary of Recent Cases State v. Luis Perez, 185 N.J. 204 (2005) In a unanimous opinion, the Supreme Court held that the head clerk of a formerly privatized motor vehicle agency was a “public servant” as that term is defined in the Code, and thus could be found guilty of official misconduct. The Court ruled that the term “public servant” is defined broadly, and encompasses individuals who are authorized to perform governmental functions, regardless of whether they hold positions of public employment. The Court determined that the clerk was a public servant, despite the fact that she was not a public employee, because she exercised governmental authority in issuing State-authorized motor vehicle licenses and title and registration documents. The Court stated that the clerk’s “perversion of the uniquely governmental authority that she wielded is what the official misconduct statute is designed to prevent.” Hence, defendant was liable as well for conspiring with the clerk in a scheme to obtain fraudulent motor vehicle documents. State in re D.W. (A-1980-04T4) In an opinion written by Judge Fisher, the Appellate Division reversed the juvenile’s criminal-sexual-contact adjudication. The juvenile had touched a female classmate’s buttocks, and the trial court concluded that he had done so for the purpose of degrading or humiliating the victim. The Appellate Division disagreed, concluding that the evidence did not support the trial judge’s finding that criminal sexual contact had occurred. The State had to demonstrate that the juvenile intentionally touched the victim for the purpose of degrading or humiliating her, or for the purpose of sexually arousing or gratifying himself. But the victim’s assertion that the juvenile’s touching embarrassed her was not sufficient to support a finding that he had touched her with a purpose to humiliate or degrade her. The Appellate Division concluded that, because the event occurred in a classroom in the presence of others and the touching was brief, the facts did not meet the requirements of N.J.S.A. 2C:14-3b. The Appellate Division stated, “Common sense dictates that this conduct represented nothing more than inappropriate horseplay between school mates, and did not rise to a level of seriousness commensurate with the charge of criminal sexual contact.” State v. Marquis Gilchrist (A-4561-04T5) In an opinion written by Judge Graves, the Appellate Division reversed the trial court’s ruling requiring the prosecutor to provide the defense with the rape victim’s photograph. Defendant was charged with sexually assaulting the victim in her bedroom. DNA linked him to the crimes. Defendant claimed that he needed the victim’s photograph to prepare his defense, and the trial court agreed. The Appellate Division disagreed, ruling that the defendant had failed to articulate any legitimate pretrial basis for obtaining the victim’s photograph. The Court further stated that should the matter proceed to trial, defense counsel would have the opportunity to cross-examine the victim regarding her credibility. Defendant also failed to show how the victim’s photograph was relevant to his claim of innocence, and he failed to explain how that photograph might be exculpatory. Finally, the Court remarked that the Victim’s Rights Amendment to the state constitution mandates that a crime victim shall be treated with fairness, compassion, and respect by the criminal justice system. In the view of the Appellate Division, any possible benefits to defendant from a court-ordered photograph of his rape victim were entirely speculative and outweighed by the victim’s rights. State v. John O’Hagen, 380 N.J. Super. 133 (App. Div. 2005) In this case, the Appellate Division upheld the DNA Act (N.J.S.A. 53:1-20.7 to .28). The Court ruled that the Act did not subject defendants to unreasonable searches and seizures and did not violate their federal and state rights to equal protection. State v. Gary Fletcher, 380 N.J. Super. 80 (App. Div. 2005) In an opinion written by Judge Grall, the Appellate Division reversed defendant’s armed robbery and related convictions. Defendant made incriminating statements after coming to police headquarters in response to an officer’s promise that he could make an “off-the-record” statement. At headquarters, another officer issued defendant Miranda warnings, which he waived, but neither retracted the first officer’s promise nor explained the conflict between defendant’s waiver and an off-the-record statement. Therefore the promise induced defendant’s statements, which were not freely and voluntarily given. State v. Atlantic City, 379 N.J. Super. 515 (App. Div. 2005) In an opinion written by Judge Skillman, the Appellate Division affirmed the trial court’s ruling that a municipal ordinance authorizing municipal health officials to distribute sterile hypodermic syringes to drug addicts conflicted with the Code of Criminal Justice, which prohibits persons from using or assisting others in using controlled dangerous substances pursuant to N.J.S.A. 2C:36-6. The statute preempted the ordinance, which was declared invalid. Page 7
  8. 8. Roll Call! New Faces at the Prosecutor’s Office Akinyemi T. Akiwowo, the newest Detective Edward P. Hanewald Assistant Prosecutor in the Union comes to the Prosecutor’s Office after County Prosecutor’s Office, is a 13 years of service with the Union graduate of the Seton Hall University County Sheriff’s Office, the last seven School of Law where he not only as a key Physical Training Instructor at served as president of the Student Bar the John H. Stamler Police Academy in Association, he also managed a 3.43 Scotch Plains. Detective Hanewald, a grade point average and garnered a graduate of William Paterson College, Presidential Scholarship. He obtained is a certified Physical Training a Claver Scholarship while attending Instructor who took over as Lead Loyola College in Baltimore, where he graduated with a Instructor in 2002 while still serving in the Sheriff’s Office. Bachelor of Arts degree in Psychology in May of 2002. During his career there, he also served in the Court Before joining the office, Akiwowo worked as a summer Security, Prisoner Transport and Fugitive Unit and was associate at the Chatham law firm of Blume, Goldfaden, Sheriff’s Officer of the Year in 1998, when he also received Berkowtize, Donnelly, Fried and Forte and was a Mediation the Sheriff’s Distinguished Service Certificate. Ed was the Intern at the Consumer Protection Division of the Maryland 1990 New Jersey College Pitcher of the Year not long after State Attorney General’s Office in Baltimore. graduating from Arthur L. Johnson High School and holds a Black Belt in Tae Kwon Do. Superior Officers Take Their Oath To Cheers And Applause An overflow crowd packed the courtroom of Superior Court Judge Walter R. Barisonek, the county’s assignment judge, to witness four veteran investigators from the Union County Prosecutor’s Office take new oaths of office at ceremonies in honor of new Lieutenants Abdel Anderson and Carl Riley and Sergeant Dean A. Marcantonio and James Weinberg at the courthouse complex in Elizabeth. Prosecutor Theodore J. Romankow, in ceremonies before Superior Court Judge Joseph Donahue, described the experience and leadership qualities that led to the promotions before rows of proud family members, office colleagues, police chiefs, municipal detectives and officers and friends. Lieutenant Abdel Anderson, a 21-year veteran, joined the office in 1984 after four years as a probation officer in Middlesex County and after playing professional basketball in Portugal and playing on the most famous Rutgers University basketball team that went to the Final Four. Lieutenant Anderson, who made more than 100 drug purchases when he worked in an undercover capacity years ago, has served in the Grand Jury Unit, the Trial Team, the Narcotic Strike Force, the Juvenile Justice Unit and at the Save a Life Today Community Prosecution Program in Plainfield. He and his wife, Elaine, have two children and he continues to serve as Deputy Team Leader for the county’s Crisis Negotiation Team, a position Lieutenant Anderson has held for the last 13 years. He is currently commander of the Gang Task Force. Lieutenant Carl Riley began his law enforcement career 16 years ago with the Shrewsbury Police Department in Monmouth County where he was assigned to patrol and investigations. In September of 2994, Carl joined the Essex County Prosecutor’s Office, where he was assigned to the narcotics unit as an undercover detective and came to Union County four years later. The new lieutenant holds a Bachelors Degree in Criminal Justice Management and has attended the Penn State Justice and Safety Institute’s Police Executive Development Program and has worked in the Child Abuse Unit, the Trial Unit, the Narcotic Strike Force and the Homicide Unit, where he has been commander since January of 2003. Sergeant Dean A. Marcantonio began his career in law enforcement with the Plainfield Police Division in 1987 serving in the Patrol Division and later as a detective for five years beginning in 1990 and conducting more than 500 criminal investigation. Sergeant Marcantonio also served in the United States Naval Reserve from December of 1986 to December of 1992 as a Hospital Corpsman, attached to a Marine Corp Unit and serving in Operation Desert Storm where he received numerous military awards. He has served in the Homicide Unit, the Criminal Case Control Unit and in the Child Abuse Unit, teaching an intense two-day course on Interviews and Interrogation at the John H. Stamler Police Academy and a courtroom testimony course with Trial Supervisor Regina Caulfield. He is currently a supervisor in the Homicide Unit. Sergeant James Weinberg worked as a patrol officer, then as a detective in the Narcotics Squad at the Detective Bureau of the Union County Police Department before joining the Union County Prosecutor’s Office and has more than 23 years of total law enforcement experience. He has served in the Child Abuse Unit, in the Domestic Violence Unit, at the Union County Narcotic Strike Force and in the Trial Unit during his distinguished service and serves as a chief negotiator with the Hostage Unit and the Union County Emergency Response Team (UCERT). He is currently assigned to the Intelligence Unit. He recently headed to Louisiana to aid other law enforcement officers in assisting victims of Hurricane Katrina with a large contingent that headed to the New Orleans area in three separate contingents. Page 8
  9. 9. Meet Ann Luvera, The First Female To Ever Head Up The UPCO Homicide Unit Prosecutor Theodore Romankow, calling Luvera a powerful and effective trial attorney, said he was proud to promote the 15-year veteran of the office who said she has wanted to be a lawyer since she was 14 years old. Luvera , who worked as an appellate attorney in the Division of Criminal Justice in the New Jersey State Attorney General's Office and most recently served as legal supervisor of the Special Prosecutions Unit, is also a full-time mother to two boys, ages 12 and 9. quot;I enjoy working homicide cases, particularly those involving interesting legal issues such as Shaken Baby Syndrome cases and other acts of violence against children,quot; she said. quot;And this talented staff of detectives and support staff led by Lieutenant Carl Riley is most competent and professional.quot; Brian Mahoney Named New Chief In Scotch Plains Chief Brian Mahoney, sworn in as chief last month after the untimely death of Chief Mark Zyla, will begin his 20th year of service as a police officer as the chief law enforcement officer in the township. Mahoney, who becomes the tallest and the youngest chief in Union County, joined the Scotch Plains Police Department in June of 1987 after more than a year of work at the Westfield Police Department. The new chief was promoted to sergeant in June of 1995, served as a Juvenile Officer and was assigned as Supervisor of Detectives in August, 1996. After being promoted to lieutenant in July of 2002, Chief Mahoney served as Administrative Division Commander and then later as Patrol Division Commander when he was promoted to Captain in May of 2004. Chief Mahoney, shown here taking his oath of office on November 29 with daughters Kelly, left, and Brianna, said he was “extremely honored” to lead the department and expects “to continue the fine tradition of service and protection to the citizens of Scotch Plains” with the help of his colleagues. Union County Prosecutor Theodore J. Romankow said the many supporters of Chief Mahoney who came out to celebrate his promotion “were indicative of the recognition that the community embraces for his leadership qualities and contribution to the township.” John Parizeau Named New Chief In Westfield Police Chief John Parizeau, a 25-year veteran of the Westfield Police Department, has been named top cop to succeed Bernard Tracy, who retired in the fall to begin work at the school system in Linden. The new chief, who holds a four year bachelor's degreee in Criminal Justice, has served as the Records Bureau Commander and Media Officer. Chief Parizeau graduated from the College of New Jersey, formerly Trenton State College, before joining the department in March of 1981. He was promoted to the rank of plainclothes detective on February 1, 1987 and served in the Juvenile Detective Bureau before being promoted to Sergeant a year later. He became a detective sergeant in 1997 and then to the rank of lieutenant a year later and then made captain last February. quot;I am a team player, and I am looking forward to this challenge,quot; said the chief, adding he will be bringing improved technology to the department by having computers in each police car and working to improve how each officer can bring their efforts and talents to the department. Best of luck to you, chief. (At right) Plainfield police officers support the Mothers Against Drunk Driving (MADD) campaign by placing special red ribbon magnets on patrol vehicles to remind motorists about the dangers of driving while impaired. Page 9
  10. 10. Hats Off and Good Luck to... Garwood Police Chief Dennis K. Lesak is retiring this month after 28 years of service to the borough, including more than five years as chief of police. The chief is retiring to the Pocono Mountains area in Pennsylvania and is especially proud that his father, who retired from the Garwood Police Department as a captain after 38 years on the job, got to hold the Bible when he was sworn in as a police officer in 1978. Chief Lesak, who supervised 16 officers and three civilian dispatchers in the borough of a little over 4,000 residents, intends to take up golfing when he officially steps down February 1. “It has been a wonderful career and I have been proud to serve in my dad’s footsteps,” said the chief, who watched his dad as he served his community and was part of the first father-and-son team in borough history. In New Providence, Chief Douglas Marvin is stepping down as the borough’s top law enforcement officer after a distinguished career that began when he served citizens of in Chatham Borough as a Police Dispatcher in 1977 before coming to New Providence in 1978 as a Patrolman. He was promoted through the ranks, working in every position within the department, including detective, juvenile officer, sergeant, lieutenant, captain and culminating with the Chief’s job in September of 2000. “I am very proud of the accomplishments of the men and women of the department, especially through our recent Accreditation by the NJ State Chief’s of Police Association,” said Marvin, who considers himself I was fortunate to have attended the FBI National Academy in 1991, the Certified Public Manager program is 1993 and the West Point Command and Leadership program in 2003. The chief said he did not have to move his office very far, since he left the job on January 1 to become the borough administrator and is looking forward to new challenges serving the residents of New Providence. “I feel truly blessed to have been able to serve in law enforcement and especially blessed to have met and come to know so many dedicated, caring men and women sharing the same profession in Union County,” he told the editor of The Newsletter. May you enjoy the fruits of your success, gentlemen. Rulers available for Union County students! Contact Executive Assistant Prosecutor Bob O’Leary at 908-527-4621 or roleary@ucnj.org. 24/7 Gang Hotline Telephone Number 908-354-6366 This taped hotline number allows callers to provide detailed information about gang activity. If they desire, individuals can leave their name and telephone number for follow-up. Gangs, Guns, & Drugs: The Movie This 22-minute videotape was prepared by the New Jersey State Attorney General’s Office to help law enforcement officers educate adults and middle / high school students. If you are interested in obtaining a copy, please call the John H. Stamler Police Academy Video Studio: Karen Positan -- 908-889-9028 Charlie Cooper -- 908-889-6324 Page 10
  11. 11. Plainfield’s Lieutenant Donald B. Moye Lt. Donald B. Moye walks out of Plainfield Police Division Police Headquarters for the last time as fellow officers and co-workers gather to applause his grand exit after a great 30-year career. The Lieutenant, who served for years as president of the Union County Juvenile Officers Association and worked on many high profile investigations, has started a new career as coordinator of the Homeland Security efforts and school safety programs with the Plainfield Board of Education. Way to go, Donald B.! In Memorium The Union County law enforcement community mourns the sudden passing of Scotch Plains Police Chief Mark E. Zyla on October 13, 2005. Congratulations to 2005 POMA Award Recipients Two longtime dedicated employees at the Prosecutor's Office were selected to receive the 2005 Annual Prosecutor’s Office Management Awards, it was announced recently by Prosecutor Ted Romankow. The award recipients, who were honored at a special presentation in Mercer County in the fall, are Secretarial Assistant Kathy Nelson and Principal Docket Clerk Janet O’Donnell (shown standing at a special reception given in their honor at the courthouse complex in Elizabeth between Office Supervisor Dina Apuzzio, left, and Executive Assistant Prosecutor Anne K. Frawley.) Nelson, a nineteen year veteran of the office, is currently assigned to the Juvenile Justice Unit while Janet O’Donnell has been with the Prosecutor's Office for over 35 years and is currently assigned to the Police Desk. Both of these recipients, selected to receive the awards by the Office and Clerical Supervisors shown in the photo at right, have proven time and time again to be assets to the UCPO. Congratulations Kathy and Janet for a job well done and for your outstanding accomplishment honoring your service and dedication. Page 11
  12. 12. New Promotions At The Hillside Police Department! Hillside Police Chief Robert Quinlan takes great pride in announcing the promotion of six officers of the Hillside Police Department to fill positions created by recent retirements. At a township committee meeting on October 4, the officers took their oaths of office to become promoted permanently. John Frize, promoted to the rank of Deputy Chief, is a 24 year veteran of this department. During his career he has held many positions such as shift commander in the patrol division and Commander of the Detective Bureau. He is one of the most decorated officers in the Hillside Police Hillside’s newest superior officers standing proudly, from left to right, Department. He has earned two are Lieutenant Louis Rufino, Detective Sergeant Vincent Ricciardi, Distinguished Service Awards, four Sergeant Benjamin Niewinski, Captain John Robertson, Meritorious Service Awards and three and Deputy Chief John Frize. Excellent Police Duty Awards. John Robertson, promoted to the rank of Captain, joined the force in 1988. During his career he has held many positions such as detective, shift commander in patrol and commander of the traffic bureau. He was a member of the Union County Narcotics Strike Force in 1990. He has received over 25 letters of commendation and recognition. His awards include four Excellent Police Duty awards and a Meritorious Service Award. Louis Rufino, promoted to the rank of Lieutenant, joined the force in 1985. During his career he received over 30 letters of commendation and recognition. He was assigned to the Union County Narcotics Strike Force in 1989. His awards include the prestigious Valor Award, two Distinguished Service Awards, three Meritorious Service Awards, and seven Excellent Police Duty Awards. Vincent Ricciardi, promoted to the rank of Sergeant, joined the force in 1994. He has received over 10 letters of commendation and recognition. Appointed to the Detective Bureau in 1999, he was assigned in 2005 as an investigator to the Cyber Crime Squad of the FBI. In addition, he is the department’s Information Technology Officer and is responsible for founding the department’s Honor Guard. Sergeant Ricciardi has earned an Excellent Police Duty Award, Life Saving Award, and Chief’s Award. Demetrios Katsoudas, promoted to the rank of Sergeant, Katsoudas joined the force in 1992. During his career he has received 14 letters of commendation and recognition. He was cited for two Excellent Police Duty Awards. Benjamin Niewinski, the third officer promoted to the rank of Sergeant, joined the force in 1998 and has been a member of the patrol division since his appointment. He has received 7 letters of commendation and recognition. In 2004 he received the Excellent Police Duty Award. “These men have earned their promotions through hard work, dedication to duty, and careers of outstanding service to the residents of Hillside and they will continue to set the standards for others to follow,” said Chief Quinlan. Prosecutor Accepts Remembrance Flag Marking Detective Daniel Seib III’s Tour of Duty Union County Prosecutor’s Office Detective Daniel Seib III presents Prosecutor Ted Romankow with a special United States flag that flew over Iraq on April 24, 2005, to be permanently kept on display as part of the detective’s personal remembrance of his service to our country. Seib, who is currently assigned to the Trial Unit,on the fourth floor of the Ruotolo Justice Building in Elizabeth, is a former Berkeley Heights patrol officer who served for many years on the Union County Emergency Response Team and the Essex Union Auto Theft Task Force who completed tours of duty in Iraq and Kuwait earlier this year. “He know how proud we are of him and all the law enforcement officers who put their lives on the line over there then and now,” the Prosecutor said. Page 12
  13. 13. 93rd Basic Police Training Class Graduates from John H. Stamler Police Academy Please join us in congratulating the 91 -- yes, 91 -- recruits who graduated from the John H. Stamler Police Academy on Thursday, December 8th, at the Union County Arts Center in Rahway. Berkeley Heights Police Roselle Park Police East Newark Police New York / New Jersey Department Department Department Waterfront Commission Edward Gaffney Joshua Medrano Michael P. Lucas Brian McGuinness Michael O’Donnell Robin A. Morante Cranford Police Department Scotch Plains Police Catherine Mulhern Thomas Stiansen Department East Orange Police Alternate Route Gerard J. Rites Department Joseph Balwierczak Elizabeth Police Tyshon Bryant (Kenilworth PD) Department Westfield Police Angela C. Concepcion Lauren M. Bauer (Union Sergio Alexandre Marcela Department Grover J. Lewis III County Sheriff’s Office) Arriola Frank A. Impellizzeri Anthony D. Taylor Keith Christopher Orlando M. Barros, Jr. John R. Tango (Springfield PD) Yoan Belon Jersey City Police Donald S. Domanoski Ken A. Charlenea Union County Police Department Albert Domizi (North Anthony J. Chodan Department Yamileth Arroyo Plainfield PD) William J. Deegan, Jr. Giovanni T. Arlia Ryan Friend Christian Eriksen (Summit Louis P. Demondo Christopher S. Decker Shanna K. Gamez PD) William Dilollo Joseph Ferraioli Andrew La Bruno Michael P. Hand (New Carmine Giannetta Edward Lowe Adalberto Rivera Providence PD) Jorge I. Joaquim Stephen Repella, Jr. Michael Rodriguez Michael J. Heller Craig B. Lovett Keith Tarulli Luz D. Rojas Todd J. Herz (Garwood James Lugardo Maria M. Sanchez PD) Edward J. Pinkevicz, Jr. Union County Sheriff’s Salvatore Sellitto Caleb L. Hough Office Richard Jacobs, Jr. Linden Police Department David J. Krill Perth Amboy Police (Union County Sheriff’s Christopher M. Guenther Ryan Mullenix Department Office) Martin Jedrzejewski Andrew L. Pappas Brandon M. Bucior Dmitriy Mazur Matthew Jones Jeffrey Thomas Emma Cabrera Gerald Mc Dermott Jacyn Mcphail David Guzman (Summit PD) Peter J. Mitros Kean University Police Pascal Medina Christopher Medina Ivan A. Ordonez Department Mabner Terron (Summit PD) Afstratios Zevlikaris Salvatore Valentino Kimberly Raguse Piscataway Police (Springfield PD) Roselle Police Department Carteret Police Department Department John Rattigan (Springfield Helder Freire Thomas J. Kaminsky Michael K. Paiano PD) Rafael Rivera, Jr. Michael M. Kazio Raymond S. Pilch Leslie Sanchez (Edison Jason Oxner PD) Charles F. Reiman, Jr. Middlesex County College Octavio Tapia Louis A. Reyes Police Department Anthony R. Voorhees Marcus A. Rosario Michael D. Methner (Springfield PD) Page 13
  14. 14. Thanks for “Counting Your Blessings” Some folks call it the ultimate “labor of love” while others say it’s just a nice way of giving thanks for the people and things we we have at Thanksgiving. Either way, the 24th annual delivery of more than two tons of food to crime victims and their families was a huge success. It starts when victim witness advocates from the Union County Prosecutor’s Office begin putting out colorful boxes for county employees to drop off their food donations, continues when Union Police Detective Joseph Casalino LABORS OF LOVE— picks up dozens of turkeys (Above) Getting the turkey, stuffing and donated by the Union County holiday fixings ready for delivery to crime Juvenile Officers Association and victims and needy families are, standing ends Monday when hundreds of from left, retired Prosecutor’s Office items get sorted and stacked for Captain Sal Apuzzio, Clerical Supervisor delivery to selected needy Dina Apuzzio, Juvenile Justice Victim families from throughout the Witness Advocate Andrea Geraghty, county. Coordinator Elaine O’Neal, Victim Witness Advocate Liza Giuliano and Prosecutor “We had close to 50 boxes Theodore J. Romankow, while support and baskets containing more than staff members Carol O’Leary and Patricia two tons of food alone coming in Scrudato kneel in front. from an Elizabeth boy scout troop that comes through year after year,” said (Left) Elizabeth Detective Mike Kelly, Prosecutor Theodore J. Romankow, who noted donations are generally president of the county juvenile officers down statewide because of New Jersey’s participation in the nationwide association, and fellow officer Nereida Rey hurricane relief efforts. “Everyone asks why we do this, but it’s just a small helped the holiday team deliver the baskets way for good people to make sure that some families in need know others this year. really do care,” said Prosecutor Romankow. It’s become known as “Counting Your Blessings” and it is all made possible by the police officers, assistant prosecutors, county workers and the scouts from Troop 23 and Pack 23 from Saint Genevieve’s Church in Elizabeth. From more than a decade, Scoutmaster Dan Bernier has led the charge with the youngsters putting out paper bags and residents filling them up for pickup throughout the city. Elaine O’Neal, coordinator of the Victim Witness Advocacy Office, said her staff works for days to sort, stack and pack the food so that it can be delivered in time for Thanksgiving with families selected from violent crime case files and recommendations from police. “We like to bring these families, who might have little or nothing on the table for Thanksgiving, a small measure of holiday cheer to supplement the services we provide,” she said. Included among some of the families from Rahway, Linden, Roselle, Plainfield and Elizabeth is a family devastated by the murder of the family breadwinner and a mother who lost a son to senseless street violence. O’Neal, who runs a homicide survivors’ group meeting each month at Robert Wood Johnson Hospital in Rahway, said twenty turkeys came from the juvenile officers group headed by Elizabeth Detective Michael Kelly and another ten donated as part of retired Prosecutor’s Detective Captain Sal Apuzzio’s annual contribution. Tiffany Wilson Selected To Represent Local Girl Scouts At Historic National Convention Assistant Prosecutor Tiffany Wilson keeps herself busy in Plainfield,serving as community prosecutor for the city, and as the Council President of the Girls Scouts Washington Rock Council. She recently headed to Atlanta to take part in the 50th renewal of the Girl Scouts of the USA National Council session, billed by GSUSA as one of the most important council sessions in history. The five local delegates joined nearly 15,000 other Girl Scouts from the 50 states as well as representatives from overseas. In the midst of her first term at the helm of the local leadership scouting board, Wilson is a longtime member of the GSWRC community, having come up through the ranks in Girl Scouting. A practicing attorney, she served on the GSWRC Board for four years before becoming its President. Founded in 1957, GSWRC serves nearly 11,000 girls and adults in 24 communities in a tri-county area. The Council, under the umbrella of Girl Scouts of the USA, the country’s preeminent organization dedicated solely to girls, is headquartered in Westfield. We salute all those who serve our great nation, and offer our prayers for their success and safe return. Page 14
  15. 15. Union County Prosecutor’s Office: A Historical Perspective Part 10: 1970 to 1975 During the Summer of 2003, intern John Russell extensively researched the Union County Prosecutor’s Office from its creation on April 13, 1857 to the present -- its leaders, their lives, and their accomplishments. Each issue of The Newsletter will chronologically feature several profiles. Karl Asch 1970 to 1975 Karl Asch graduated from Linden High School and Columbia University Law School. In 1970 Republican Governor William T. Cahill signed into law legislation requiring full time Prosecutors and Assistant Prosecutors in New Jersey's nine largest counties and appointed Mr. Asch to be Union County's first full-time Prosecutor. During the next five years Mr. Asch battled with municipal police departments and county freeholders and even obtained court orders to expand staff and start specialized units in municipal corruption, narcotics, organized crime, and gambling. The Prosecutor's Office staff tripled during Mr. Asch's term due to the conversion to full-time status of all staff with personnel reaching 42 Assistant Prosecutors and 72 detectives and investigators. The budget increased from $900,000 in 1970 to $2.7 million in 1975. The Municipal Corruption Unit, based in Garwood, indicted several public officials, the most powerful being James J. Kenneally, a Union County Democratic chairman, on 16 counts charging conspiracy to cheat the Rahway Water Department through kickbacks on vouchers. Kenneally, a former water department official, died before he was brought to trial. Convictions were obtained against Michael J. DeMartino, former Elizabeth Democratic councilman, John J. Wilson, former Clark business administrator and Democratic assemblyman, both on bribery charges stemming from alleged payoffs, Thaddeus F. Gora, Elizabeth Democratic councilman, on bribery-perjury charges, and Arnold D'Ambrosa, Democratic first-term assemblyman and suspended Rahway public works superintendent, on charges of embezzlement and misconduct in office. Republican Freeholder Edward H. Tiller was indicted by a state grand jury in connection with an alleged scheme to award a contract to a friend after an investigation started by the Prosecutor's Office. Asch also investigated the sale of city-owned land in Elizabeth for a Holiday Inn on Route 1, across from Newark Airport that contributed to the federal prosecution of U.S. Representative Cornelius Gallagher for accepting a $20,000 finder's fee. Gallagher eventually pleaded to one count of tax evasion. Mr. Asch started the first Narcotics Strike Force east of the Mississippi River, initially funded with state and federal funds, that became a model for other counties in New Jersey. The Prosecutor's Office combined its own personnel with that of the municipal police departments and instructed them in the use of tactical enforcement procedures such as wiretapping, search procedures, and evidence collection. Under Mr. Asch, Union County was the first Prosecutor's Office in the state to have its own lab which was used for controlled substances. Previously, all evidence had to be sent to the State Police facility which created time lags and chain of custody issues. Case management improved because the Prosecutor's Office could control the process without relying on state labs thereby improving turnaround times, using the same experts to testify, and prioritizing lab efforts. Mr. Asch prohibited Assistant Prosecutors from participating in any type of fund-raising efforts of local politicians. After completing his term, Mr. Asch formed the law firm Asch, Asch and Whitken where he gained notoriety and wide experience as a trial attorney. Some of the Assistant Prosecutors included the following (showing hometown and original appointment date): John Callahan (Summit -- 2/28/64) Stanley J. Kaczorowski (Scotch Plains -- 9/7/65) John H. Stamler (Scotch Plains -- 1/1/68) Neil S. Cooper (Union -- 9/9/68) Henry (Hank) Jaeger (New Providence -- 9/9/68) Peter L. Korn (Cranford -- 9/8/69) Michael J. Mitzner (Elizabeth -- 9/8/69) Frederic Shauger (Elizabeth -- 9/8/69) Stephen F. Juman (Union -- 12/1/69) Kenneth Siegel (Rahway -- 1/19/70) Elson Kendall (who was terminated by Asch's successor Edward McGrath as part of a general reorganization in the new administration) Page 15
  16. 16. Union County Prosecutor’s Office Telephone Numbers Prosecutor Theodore J. Romankow............................................................................................................... 527-4510 First Assistant Prosecutor Albert Cernadas, Jr.............................................................................................. 527-4502 Executive Assistant Prosecutor Henry W. Jaeger......................................................................................... 527-4549 Executive Assistant Prosecutor Anne K. Frawley.......................................................................................... 527-4650 Executive Assistant Prosecutor Robert P. O’Leary........................................................................................ 527-4621 Investigations Supervisor David J. Hancock.................................................................................................. 527-4661 Trial Supervisor Regina Caulfield................................................................................................................... 527-4515 Chief of Investigations Robert T. Buccino...................................................................................................... 527-4615 Administrative Services Unit Major Crimes Unit Sergeant Edgardo Ortiz................................. 527-4604 Deputy Chief Edward Johnson...................... 527-4591 Appellate Section Child Abuse Assistant Prosecutor Steven J. Kaflowitz...... 527-4593 Assistant Prosecutor John Esmerado..... 965-3879 Lieutenant Ronald G. Reale.................... 965-3885 Asset Forfeiture Section Assistant Prosecutor Thomas Haluszczak.... 527-4578 Homicide Auto Theft Task Force Assistant Prosecutor Ann M. Luvera...... 527-4689 Captain Joseph F. Vitelli................................ 298-7840 Sergeant Carl Riley................................. 527-4695 Detective Michael Melillo.................................298-7840 Media Relations & Public Information Criminal Case Control Unit Exec. Asst. Prosecutor Robert P. O’Leary..... 527-4621 Lieutenant Guy Steward................................ 527-4606 Narcotic Strike Force Domestic Violence Unit Assistant Prosecutor Thomas K. Isenhour.... 709-6516 Assistant Prosecutor Susan Gleason............ 527-4580 Captain Edward Fitzgerald............................ 527-4534 Detective Damien Borges.............................. 558-2399 PDC Unit Elizabeth Project Assistant Prosecutor Thomas P. Simon........ 527-4526 Assistant Prosecutor Michael Sheets............ 558-2054 Plainfield Project Forensics Science Unit Assistant Prosecutor Tiffany Wilson............. 226-0124 Sergeant Joseph R. Koury............................. 527-4521 Released Offenders Unit Gang Task Force Assistant Prosecutor Sue Lewis.................... 527-4435 Assistant Prosecutor Deborah A. White......... 709-6500 Lieutenant Abdel Anderson............................ 709-6536 Save A Life Today (S.A.L.T.) Unit Exec. Asst. Prosecutor Robert P. O’Leary..... 527-4621 Assistant Prosecutor Tiffany Wilson.............. 791-7131 Grand Jury Unit Special Offenders Unit Captain Patricia Leonard............................... 965-3899 Assistant Prosecutor Maureen O’Brien......... 527-4557 Assistant Prosecutor David Schneider.......... 527-4675 Special Prosecutions Unit Insurance Fraud Unit Assistant Prosecutor William Kolano............. 527-4673 Assistant Prosecutor Eleanor R. Beaumont. 527-4670 Lieutenant Steven Siegel............................... 527-4658 Intelligence Unit Arson Lieutenant Kevin Foley.................................. 709-6541 Sergeant Richard Stamler....................... 527-4914 John H. Stamler Police Academy Bias & Hate Crimes Chief Anthony J. Parenti, Director................. 889-6112 Sergeant Ana Zsak................................. 527-4619 Joint Counter-Terrorism Task Force Sergeant Vincent G. Gagliardi................ 527-4696 Deputy Chief Gregory Clay........................... 527-4657 High-Tech Task Force Detective Paul K. Han................................... 527-4563 Exec. Asst. Prosecutor Anne K. Frawley. 527-4650 Critical Infrastructure Coordinator Sergeant Andre Banks.......................... 527-4508 Philip C. Spinelli...................................... 527-4724 Sex Crimes Juvenile Justice Unit Assistant Prosecutor Robert Rosenthal.. 965-3808 Assistant Prosecutor Doreen Yanik............... 527-4631 Victim / Witness Unit Laboratory Coordinator Elaine O'Neal............................. 965-3897 Sergeant Joseph R. Koury............................. 654-9847 Newsletter Editors Editor-in-Chief.......................................................................... Executive Assistant Prosecutor Robert P. O’Leary Recent Legislation................................................................... Executive Assistant Prosecutor Anne K. Frawley Recent Case Law..................................................................... Assistant Prosecutor Steven J. Kaflowitz Newsletter Layout & Production.............................................. Assistant Public Information Officer Karen E. Positan Print Production....................................................................... Dora Ottaviano, Sign Shop The Newsletter is published quarterly in January, April, July and October by the Union County Prosecutor’s Office for use by law enforcement officers. The opinions and recommendations appearing in articles do not necessarily represent those of the Union County Prosecutor’s Office unless otherwise stated. The submission of articles from law enforcement agencies is encouraged. Page
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