The Essex Observer The Essex County Community Justice Unit Newsletter Prosecutor’s Office

volume THREE • WINTER 2009 50 W. Market St., Newark, NJ 07102 • (973) 621-4700 • www.njecpo.org

“The dedicated staff of the Essex County Prosecutor’s Office handles approximately ECPO Homicide Squad Gets one quarter of all criminal prosecutions in the state and deserves the best accom- modations to perform their duties. With this new office space and our state of the New Space art crime scene facility, the Essex County Prosecutor’s Homicide Squad has come full circle to function in a more proficient and professional manner,” Prosecutor Busiest Office in the State Comes Full Circle Dow said. The Essex County Prosecutor’s Office Homicide Squad recently moved into Essex County Sheriff Armando Fontoura recognized the difficult job of the homicide new office space on the fourth floor of the Essex County Veteran’s Courthouse. squad. “The work you do is overwhelming. You deserve these new quarters and The new space allows the Homicide Squad to be consolidated in one central thanks to Joe DiVincenzo and Paula Dow, you now have them,” said Fontoura. location. The 7,500 square foot office space includes conference and interrogation rooms, a reception area and secure rooms to store evidence and records. New Prosecutor Dow named the conference room in the honor of David Martinez. furniture, lighting, carpeting air conditioning and ventilation systems were installed to Martinez served as Chief of Detectives for the Prosecutor’s Office until his death in provide comfortable and clean working conditions. 2002. Students Receive Message of Safety: Stop, Alert an Adult, Focus and Evacuate “What do I do if someone shoots at me?” asked a small boy in the fourth grade. His question is one that no child should have to ask. On May 29, 2008, the Essex County Prosecutor’s Office Community Justice Unit held an anti-violence assembly at Madison Avenue School in Newark to address the concerns and issues of students and faculty. Continued on Page 7

Chief of Detectives, Anthony Ambrose, First Assistant Prosecutor, Carolyn Murray, Essex County Sheriff, Armando Fontoura, Essex County Executive Joseph DiVincenzo and U.S. Attorney Christopher Christie join Prosecutor Paula Dow in the ribbon cutting ceremony for the new homicide squad office.

Essex County Executive Joseph DiVincenzo, U.S. Attorney Christopher Christie and Essex County Prosecutor Paula T. Dow celebrated the grand opening of the Homicide Squad’s new and improved office space. Joyce Wilson Harley Esq., Essex County Administrator welcomed the audience to the dedication ceremony. “Today we have a fantastic opportunity to put Essex County first. We have the best Prosecutor in the state and our County Executive has given her the tools and support she needs to get the job done. You can’t get today’s job done with yesterday’s tools,” said Harley. Sergeant Andre Robinson speaks to students about staying safe. “The opening of these offices is another step forward in our initiative to provide modern accommodations for our employees to perform their public duties. Essex County has the busiest prosecutor’s office in the state and creating this space INSIDE THIS ISSUE: will address overcrowding and help the homicide squad conduct its investigations NEW CHIEF Anthony Ambrose IS WELCOMED...... Pg 2 with more efficiency and effectiveness,” DiVincenzo said. “We are pleased to work SPOTLIGHT ON JACK FARRELL...... Pg 3 cooperatively with Prosecutor Dow and Assignment Judge Patricia Costello to Award winners...... Pg 4 transform our Essex County Complex into the best in the state,” he continued. V.I.P.E.R. IS INTRODUCED...... Pg 7 U.S. Attorney Christopher Christie described the new office as being “first class.” PEDESTRIAN SAFETY PROGRAM...... Pg 8 “I’m thrilled with the facilities. This is what a first rate team deserves,” added Christie. Welcome Chief Anthony Ambrose Anthony Ambrose III, a law enforcement officer for administrative changes. Upon entering the Investiga- the past 23 years recently joined the Essex County tory Unit at ECPO’s headquarters; you are greeted by Prosecutors Office as Chief of Detectives. Chief bright lights, egg shell colored walls and the Essex Ambrose’s career began back in 1986, where he County Prosecutor’s Office emblem. Gone are the worked the streets as a police officer for the City of days of dim lighting and beige walls. “I changed the Newark. “I enjoyed being a street cop. Every hour hall, because it looked the same way it did nearly and every day was different from the next. It didn’t 23 years ago, when I came here as a cop,” suggested become stagnant and I enjoyed working with various Chief Ambrose. “The appearance of an office is impor- types of people,” said Ambrose. A native of Newark, tant. It shows employees that you care.” Ambrose had aspirations of becoming a cop since the Under Chief Ambrose’s leadership; a new unit was PROSECUTOR’S age of 5. created that combined the efforts of both the nar- MESSAGE cotics and gang units into one unit; known as VIPER: Violence Interdiction/Intelligence Prosecution Eradica- Thank you for reading the third issue of the tion & Recidivism Unit. The new unit was designed to Essex Observer Newsletter. It’s an exciting dismantle street gangs and drug organizations. time for the Essex County Prosecutor’s Office! As a way to ensure that Detectives handle their cases We’re making many upgrades to better serve correctly and develop rapport; Ambrose instituted reg- the people of Essex County. In addition to our ularly scheduled case conferences with all detectives; state of the art Crime Scene Unit, we recently independent from their supervisors. All supervisors opened new offices for our Homicide Squad. have been equipped with Blackberry cell phones as a These offices will equip the men and women more effective tool for communicating at all hours. who investigate murders with better tools Two detectives from the crime scene unit were to perform their duties. Our Gang Unit has Anthony Ambrose, Essex County Prosecutor’s Office Chief of Detectives recently trained as ballistic specialists; which is some- combined forces with our Narcotics Unit and thing that has never occurred within the office before. Technical Services Unit to reduce gun violence Over the next years Ambrose rose in rank within the As a way for detectives to become experienced in Newark Police Department. He served as a detective and narcotics distribution in Essex County. The all aspects of law enforcement; Ambrose introduced within the narcotics, robbery intelligence and homi- new unit known as VIPER will also serve to “rotation training,” where Detectives work in various cide units. In 1994, he was promoted to Sergeant and units within the office. help rid the streets of dangerous street gangs later served as an instructor in the police academy. and drug organizations. Ambrose served as an Internal Affairs Investigator, Ambrose also created a six month pilot program Anthony Ambrose III was recently appoint- Special Assistant, then becoming Chief of Police where ECPO Detective, Ivellise Mueller will act as a ed Chief of Detectives to our office. Chief and Police Director before joining the Essex County liaison to the Newark Police Department. Detective Ambrose has 23 years of law enforcement Sheriff’s Department in 2006. Mueller will work to obtain all documents related to trials, Grand Jury proceedings and hearings. experience. His leadership abilities and com- As a member of the Essex County Sheriff’s Depart- “Newark is our biggest customer. It’s important mitment will propel our office to a higher level ment; Ambrose held positions as Deputy Office of that we have someone down there with access to of achievement and service. In this issue, you Emergency Management Coordinator and Undersher- evidence, reports and tapes. Trials have been post- will read about the accomplishments that our iff for Field Operations. Armed with vast law enforce- poned because detectives were on vacation and no employees have made in their professional ment experience, Anthony Ambrose III was named one was able to retrieve evidence. I’m very grateful and personal lives. You will read about some Chief of Detectives for the Essex County Prosecutor’s that the police director has given us office space and of our recent convictions and how our Victim Office in January 2008. the access to get things done,” added Chief Ambrose. Witness Unit honored victims of crime. “Mr. Ambrose is regarded as a hard-working pro- In looking towards the future; Chief Ambrose We recently hosted the County Prosecutor’s fessional, who brings a wealth of experience and is envisions a countywide homicide taskforce where Association of New Jersey’s 2008 Conference, highly respected in the law enforcement community,” detectives from various municipal police departments which featured workshops on crime scene said Essex County Prosecutor, Paula T. Dow. “I have would ban together to help solve homicide cases. investigations and utilizing forensics for no doubt that his leadership abilities and commitment Chief Ambrose wants to see more detectives involved trials. I was recently sworn in as President of to excellence will propel this office to an even higher in computer imaging, increased staffing in the corrup- the New Jersey County Prosecutor’s Asso- level of achievement and service to the citizens of tion unit and a tracking system implemented in the ciation. In this position, I will be responsible Essex County.” Professional Standards Unit to identify problematic for coordinating monthly forums with all 21 As Chief of Detectives, Ambrose is responsible for officers quickly. county prosecutors to discuss criminal justice directing the day to day operations of the Essex “I am deeply honored and excited about joining this policies and procedures. County Prosecutor’s Office investigatory staff, which high performance prosecutorial office and I look includes nearly 170 Detectives. Since joining the forward to working closely with the detectives” said Our Community Justice Unit continues to office, Ambrose has made various cosmetic and Chief Ambrose. address issues that affect the lives of the members of the Essex County Community. When a shooting occurred in a schoolyard, the Community Justice Unit: Nicole Graves-Watson, Community Justice Unit responded by giving Paula T. Dow, Community Justice Coordinator, an anti-violence workshop at the school. It’s Editor, The Essex Observer unfortunate that children have to experience Essex County Prosecutor violence. Let’s all take a proactive approach Keith Harvest, Sandra Luna, in keeping Essex County safe for our children Chief Assistant Prosecutor Administrative Assistant and ourselves. Andrea McCoy Johnson, Lloyd Holmes, Deputy Chief Assistant Prosecutor Photographer

Enjoy, Gwendolyn Williams, *If you have an idea or suggestion of what Director Assistant Prosecutor you would like to see in the newsletter, please Paula T. Dow, Essex County Prosecutor Community Justice Unit send an e-mail to [email protected]

2 • The essex observer Honoring Victims and Those Who Provide Service Spotlight on... On the morning of May 30, 2008, the Essex County Joseph LePore and Sean Ryan set a fire in the Prosecutor’s Office, Victim Witness Unit held an dormitory, which eventually led to the death of Jack Farrell awards ceremony to honor victims and those three students and the injuries of 58 students. John Farrell, known by “Jack” has been a who serve them. Reverend Irving Childress from In 2007, LePore and Ryan were sentenced to member of the Essex County Prosecutor’s New Beginnings Faith Fellowship Ministries five years in prison under a plea agreement. Office Community Justice Advisory Board for opened the ceremony with a prayer to remem- Assistant Prosecutor, Michael Morris who tried the the past five years. In this capacity, Farrell ber those who’ve been victimized. Shortly there- Seton Hall fire case presented awards to resident assists with the strategic planning of commu- after, images of crime victims appeared on a assistants Dana Christmas and Julie Schaeffer. nity outreach events and selecting high school large flat screen television in the Essex Coun- Former Seton Hall University student, Romeo Sumi- summer interns. Farrell has been involved in ty Hall of Records Rotunda. Their stories were lak was also recognized for the bravery that he social work for the past 30 years and serves as passionate. Their words were eloquent. They exemplified during the horrific fire. had one message: Victims can make positive a Program Analyst with the University of changes to the criminal justice system. “I didn’t have an opportunity during the trial to speak Medicine & Dentistry. about the people who rose to the occasion that night. “As a Community Justice Advisory Board Three couches were set on fire one at a time, which member, Jack is very reliable and provides produced ferocious heat. Balls of black smoke and a unique point of view especially when it carbon monoxide added to the lethal environment. pertains to his interaction with UMDNJ,” Julie Schaeffer saw the smoke and went to alert said Gwen Williams, Director, Assistant others. She saw someone on fire and turned a fire Prosecutor. Jack is a kind hearted person who extinguisher on and saved the person’s life. is always around when you need him,” Dana Christmas was a resident assistant on the continued Williams. third floor. She walked through flames and smoke One summer, a high school intern didn’t have to alert students of the imminent danger. The smoke the supplies to participate in Trooper Youth overwhelmed her and she collapsed on the floor. Pamela McCauley, Victim Witness Coordinator, Assistant Prosecutor, Week. Farrell learned about the situation and Michael Morris, and Prosecutor Dow recognize former Seton Hall Romeo Sumilak, a resident down the hall, came out stepped in to help. The gentleman with the University students, Julie Schaeffer and Romeo Sumilak of his room thinking it was another false alarm. He white beard purchased all of the items the soon found himself engulfed in dark smoke. He heard teen required, evoking images of Santa Claus. Essex County Prosecutor, Paula T. Dow welcomed a voice screaming near a stairwell and rescued Miss the audience. “We recognize there are victims and Christmas. All of those who worked at Seton Hall witnesses who’ve suffered and we fight for them University that night played their part in getting in our roles as members of the law enforcement students to safety. For this reason, we honor them community. We serve a vital role in helping today,” said Morris. victims,” said Prosecutor Dow. Julie Schaeffer and Romeo Sumilak stood to a “I’m very proud to be a part of this ceremony standing ovation. “We never felt like heroes. This today,” said Joyce Wilson Harley Esq., Essex was our duty. On the behalf of everyone I’m glad County Administrator. “Essex County is first in that legislation was passed, so now there are sprin- protecting the rights of victims and witnesses. klers in all residence halls,” continued Schaeffer. I read somewhere that you can tell the level of a civilization by how they treat criminals. I think Employees within the domestic violence assistance John “Jack” Farrell the level should be measured by how victims unit at the Essex County Division of Welfare were are treated. The victims are often the forgot- recognized for providing financial assistance and Farrell provides training on gangs and gang ten ones and it’s a real testimony to the forward support to victims. “This is our opportunity to call intervention for the Violence Institute of New thinking and progressive leadership that we have attention to an agency that is doing all they need Jersey. Previously, he provided case manage- in Essex County that we don’t forget victims and for Essex County residents,” said McCauley. ment services for the Rutgers Police Institute’s we put them first,” continued Harley. Three members of the Essex County Prosecutor’s Greater Newark Safer Cities Initiatives. Over Pamela McCauley, Coordinator of the Essex County Office support staff, Inell Shorts, Melissa Williams the past 30 years, Farrell’s career has included Prosecutor’s Office Victim Witness Unit, presented and Richard Christmas were honored for their providing leadership in the development and awards to municipal prosecutors, Marcella Wilson professionalism, empathy and compassion when dissemination of policies and standards for and James H. Wolf III. “Marcella Wilson, munici- dealing with the public. “They are the faces of the substance abuse treatment programs. He has pal prosecutor in both Fairfield and Bloomfield is office and the first point of contact that victims received many community, state and federal very committed and gives a voice to victims. James have,” said Keith Harvest, Chief Assistant Pros- awards for community service. Farrell is an Wolf has been a practicing attorney since 1968. active member of Omega Psi Phi Fraternity As an Irvington municipal prosecutor he is a ecutor. Andrea Johnson, Deputy Chief Assistant Inc. and he is an avid car enthusiast. tenacious victim advocate who is never too busy to Prosecutor presented the awards to Shorts, speak to a victim,” added McCauley. Williams and Christmas. The resident life staff at Seton Hall University’s Imam Mustafa Shakoor ended the ceremony in * Each issue of The Essex Observer will Bolan Hall was recognized for saving the lives prayer and closed by saying, “To all the recipients introduce a member of the Community of fellow students and staff members during it’s what you do for others that make us who we Justice Advisory Board in the Spotlight that fateful day in 2000, when two students, are.” section.

The essex observer • 3 High School Students The Award Goes To... Join the ECPO Team The Essex County Prosecutor’s Office is comprised of outstanding individuals who are recognized for various awards and accomplishments. Last July, twenty-seven high school juniors from Essex County participated in the Essex ECPO Staff Race for the Cure Laurino Receives Outstanding Victim County Prosecutor’s Office summer youth The following employees with the Essex County Prose- Advocacy Award internship program. Students participated in cutor’s Office participated inS usan G. Komen’s Breast Robert Laurino, Executive Chief the five-week summer internship program, Cancer Walk last spring: Carolyn Murray - First Assis- Assistant Prosecutor, was honored designed to expose them to various careers tant Prosecutor, Nancy Hersh - Assistant Prosecutor, at the 2008 County Prosecutor’s in law enforcement. The program includes Luanh Lloyd - Assistant Prosecutor, Joanne Barone - Association Awards Ceremony. a one-week residential component at New Principal Account Clerk, Pamela Kearney - Principal Laurino, who began as a trial Jersey State Trooper Academy. Students Timekeeper, Sandra Luna - Administrative Assis- attorney with the Essex County received military-style training and courses tant, Suzette Tapp - Principal Timekeeper, Laquanda Prosecutor’s Office in 1980, similar to the program that New Jersey State Robert Laurino received the Outstanding Victim Trooper recruits undergo. Williams - Victim Witness Advocate Advocacy Award for his continued support Two Awards for DCAP Johnson for crime victims. Laurino was appointed director of the Adult Sex Crimes Unit in 1985 and Deputy Chief Assistant Prosecutor assumed the additional responsibility of serving Andrea McCoy Johnson was as director of the Child Abuse Unit in 1998. A year the recipient of two awards in later, Laurino was named Deputy Chief Assistant 2008. As head of the Essex County Prosecutor and was promoted to Chief Assistant Prosecutor’s Office Juvenile Trial Prosecutor in 2004. He is responsible for oversee- Unit, Community Justice Unit ing assistant prosecutors in the Cold Case, Juvenile, Andrea McCoy Johnson and Victim Witness Unit, she was Megan’s Law, Professional Standards and Special recognized for her leadership Victims Units. abilities and proven assistance to children and “I’m extremely proud to be the recipient of the County 2008 ECPO Summer Interns strike a pose with Judge families. Fullilove Prosecutor’s Association Victim Advocacy award. Johnson received the Champion Award from the New What makes this award so special is that I was Interns toured the offices of the Drug Enforce- Jersey Juvenile Detention Alternatives Initiative. The chosen from among my peers to be the recipient. It’s ment Agency, Federal Air Marshall and the first annual award recognized Johnson’s commitment always gratifying to be recognized for the work you do Essex County Sheriff’s Office. They were to improving the juvenile justice system in Essex over the course of your career,” said Laurino. “scared straight” during their visits to County. The fifteen year employee of the Essex County Laurino has handled thousands of cases for the Essex New Jersey State Prison and the Youth Prosecutor’s Office, was accepted into the Annie E. County Prosecutor’s Office, including the notable Glen House Detention Center. They attended an Casey Foundation’s Juvenile Detention Alternatives Ridge sexual assault case in 1989, where a young ethics course taught by Prosecutor Dow at Initiative Applied Leadership Network. The network woman with mental retardation was sexually abused the Essex County Police Academy. Interns provides opportunities to stimulate juvenile justice by a group of fellow high school students. The case attended workshops conducted by ECPO reforms. was brought to the small screen as an ABC television staff members on the roles and function of movie, “Our Guys: Outrage in Glen Ridge.” Laurino the Essex County Prosecutor’s Office, internet served as a consultant to the film. He has lectured safety, driver’s safety and gang awareness. Lt. Johnston Follows the Money nationally on issues involving abuse of individuals Lieutenant James Johnston who Interns also had the unique opportunity with developmental disabilities, forensic science and was admitted to the New Jersey to meet famed attorney Richie Roberts. sexual violence. Robert Laurino is also president of the Roberts’s life as a detective and assistant Bar in 1996, recently published Association for Retarded Citizens of Essex County. prosecutor was brought to life on the an article for the New England big screen in the film, American Gangster, Law Review. The article is entitled: Luna Receives Outstanding Achievement which starred Russell Crowe and Denzel Prosecuting Government Fraud in Community Washington. Lt. James Johnston Despite the CSI Effect: Getting the Sandra Luna, Principal Clerk Interns experienced college tours at both Jury to Follow the Money. The Typist, with the Essex County Rutgers University and New Jersey Institute article discusses the “CSI Effect” and its potential Prosecutor’s Office for the past of Technology. During the last week of the impact on juries in government corruption trials. It 17 years received a certificate program, they staged a mock trial and had provides a step by step approach on the advantages of Outstanding Achievement a celebratory dinner at the Newark Club. of using visual aids like paper charts or PowerPoint from the Hispanic Law Enforce- Interns received a $500 stipend at the end presentations to help the jury follow the money trail ment Officers and Firefighters of the program. Applications for the Essex linked to the corrupt employees who benefit from Sandra Luna Association of Essex County. Luna County Prosecutor’s Office 2009 Summer fraud. Internship Program will be available in January. has been an active member of the organiza- Lt. Johnston is an 18 year veteran with the Essex For further information contact, Director tion for the past two years. “I’m honored to be County Prosecutor’s Office. Johnston has served as Assistant Prosecutor, Gwendolyn Williams at recognized by the Hispanic Law Enforcement [email protected] or Nicole Graves- an adjunct law professor at Seton Hall Law School Officers and Firefighters Association of Essex Watson, Community Justice Coordinator at for the past seven years. “It gives me pleasure to see County for my contributions.” Luna also partici- [email protected]. my students become distinguished attorneys,” said pated in the 2008 Avon Walk for Breast Cancer with Johnston. Johnston has written six law reviews. Assistant Prosecutor, Michelle Miller. 4 • The essex observer Miller Walks for Breast Cancer Research New Faces at ECPO Assistant Prosecutor, Michelle Miller participated in the 2008 Avon Walk for Breast Cancer. She along with The Essex County Prosecutor’s Office welcomes its latest employees.T hey come from various walks of life with the common goal of service and commitment to justice. ECPO employee Sandra Luna, walked forty miles and raised a total of $3600 for breast cancer research. “I participated in the Avon Walk because I wanted to give something back; but I wanted to do more than write a check. I wanted to be an active participant and feel at the end of the day that I helped to make a difference,” said Miller. She and Luna spent six months training for the walk.

New Assistant Prosecutors join ECPO. Pictured left to right are: Prosecutor Dow greets new employees. Pictured left to right Nicole Medrozo, Rasheedah Carraway, Ralph Amirata, Jaspreet are: Detective Frank Ricci, Karen Shakir-Hall, Victim Witness Bansal, Prosecutor Dow, Jason Hollingsworth, Amber Jernigan, Advocate, Prosecutor Dow, Detective Jennifer Lamburgo and Gregg Brown, Sarah Jolly, Ari Schneider and Shlomo Singer. Detective Paul Ranges.

Get Caught With a Gun… Be Prepared to do Time!

Administrative Assistant, Sandra Luna and Assistant Prosecutor Following Governor Jon Corzine’s Crime Prevention guilty of a third degree offense. A third degree offense Michelle Miller smile at the finish line. Strategy, The State of New Jersey recently passed carries a maximum prison sentence up to five years. an amendment to the unlawful possession of weap- The Graves Act requires New Jersey courts to place “It felt great to participate in something that meant ons statute N.J.S.2C:39-5. The statute known as the mandatory prison terms for people who are convicted so much to people affected by breast cancer. The “Graves Act” makes carrying certain handguns a looks on their faces and the way they cheered was second degree offense, which carries a term of up of illegal possession of a firearm with intent to use it very motivating,” continued Michelle Miller, a seven to ten years in prison. The law states that a person against another person. year employee with the Essex County Prosecutor’s who carries a handgun without the necessary permit Possession of a handgun is a 2nd degree crime (under Office. can be prosecuted under this new law. N.J.S.A. 2C:39-5) (effective January 13, 2008). In a response to recent shootings in schools through- 5 to 10 years in state prison! Scoles Walks 60 Miles for the Cure out the country, the law states that a person who possesses any type of firearm even with the neces- No early parole! “It was an incredible experience,” sary permits on the grounds of a school, college or No exceptions! said Assistant Prosecutor Gigi any type of educational institution, without written No bargains! Scoles of her participation in the authorization from a “governing officer” can be held No downgrades! three day, 60 mile Susan Komen Breast Cancer Walk held in Washington D.C. “It was physi- Theodule Named Auxiliary Police Officer forming a local chapter of the largest and oldest civil cally demanding and exhaust- Gigi Scoles rights organization in the United States. ing, but having the opportu- Georges Theodule, Victim Witness nity to walk with thousands of people against a Advocate with the Essex County The installation ceremony for the Warren/Sussex common enemy (breast cancer) was moving,” Prosecutor’s Office for the past County Branch of the NAACP was held in May 2008. added Scoles. An employee with the Essex County two years was recently named The National Association for the Advancement of Prosecutor’s Office for the past four years, Scoles Auxiliary Police Officer for the Colored People (NAACP) was founded in 1909 to participated in the walk from October 3rd through township of West Orange. eliminate racial discrimination and ensure the Theodule, a West Orange resident October 6. Georges Theodule political, educational, social and economic equal- since his childhood is very excited ity for people of color. Warren is a NAACP silver life Sherman Awarded for Teamwork about the opportunity to serve his hometown. member, a member of the New Jersey State Con- ference NAACP Executive Committee and co-chair Marjorie Sherman, an employee Warren Becomes Founder and President with the Essex County Prosecu- of the Judicial Committee. He is also a member of tor’s Office for 28 years received of Local NAACP the International Free and Accepted Masons-Clifford the Essex County Teamwork When Melvin Warren, a detective Alford Lodge 165. Warren is a married father with Award in May 2008. Sherman with the Essex County Prosecu- two children. originally joined the office in tor’s Office and long time com- 1964 as a clerk stenographer munity activist, moved from Essex Marjorie Sherman and resigned five years later to County to Warren County five raise a family. Sherman returned to work in 1985 and years ago; he discovered there ECPO Toy Drive currentlyserves as a supervising legal stenographer. was no local chapter of the The Victim Witness Advocacy Unit of the ECPO will Melvin Warren & Son In this role, Sherman serves as secretary to the NAACP. “I’ve been a member of hold their annual holiday toy drive in December. Essex County Prosecutor’s executive staff. A lifelong the NAACP for most of my life and it concerned If you would like to volunteer your time or donate resident of Essex County, Sherman enjoys spending me that there was no chapter in my community,” contact Victim Witness Coordinator, Pamela McCauley time with her husband and adult son. said Warren. Warren set out to make a difference by at (973) 621-4707. The essex observer • 5

New Case Laws The following are recent decisions by the New Jersey appellate courts which may be of interest:

Cerdeira v. Martindale-Hubbell and Bowers State in the Interest of X.B. Devaney v. L’Esperance Constructive knowledge of coworker sexual harass- The juvenile was arrested for trespassing on public Cohabitation is one of the many factors a trial judge ment premised upon a negligence-based theory of housing property, despite being notified that he was should consider in determining whether a plaintiff has direct liability, or through agency, may be imputed to on a list prohibiting him from being on the housing proven a marital-type relationship to support a cause an employer where the employer has failed to have complex property. Following his adjudication as a of action for palimony. In these cases it is conceivable in place effective and well-publicized sexual harass- delinquent, he challenged his inclusion on the list as that a plaintiff, even in the absence of cohabitation, ment policies that provide employees with reasonable unconstitutional as applied to him. The court found no may establish a marital-type relationship and prove a avenues for voicing sexual harassment complaints. constitutional infirmity as applied to him, but the court cause of action for palimony. State v. M.A. cautioned public entities that maintain such lists to Sciarrotta, et al v. Global Spectrum, et al Defendant stole over $650,000 from his employer. consider adopting regulations regarding one’s place- The limited duty rule which concerns the provision ment on and removal from the list, and establishing a A warrantless search of two workplace computers, of screened seating in certain area of sports venues, procedure whereby one can challenge placement on conducted pursuant to the employer’s consent, applies to all activities on the field of play, includ- the list. revealed evidence confirming the theft. Defendant ing pre-game warm-ups. If a sports venue owner or moved for suppression of the evidence seized from the State v. Sloane operator complies with the rule, it has satisfied its computers, contending that he had a right to privacy During a motor vehicle stop, the passenger, like the duty of care to patrons in the stands and no action in the personal information he stored in the comput- driver, is seized under the federal and state consti- in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule ers. The Appellate Division concluded that defendant tutions. Police do not need a reasonable suspicion does not impose a separate duty to warn of the risk of had no reasonable expectation of privacy under the before they may access the NCIC database and, objects leaving the field of play. Fourth Amendment or the New Jersey Constitution in because accessing the database was within the scope the contents of the computers, including the personal of the traffic stop and did not unreasonably prolong State v. V.D. information. the stop, there was no basis to suppress the evidence Defendant entered a negotiated plea of guilty to found. two counts of fourth-degree possession of a false G.H. v. Township of Galloway State v. Reid document. The trial court placed defendant on Township of Cherry Hill v. James Barclay, et al Citizens have a reasonable expectation of privacy probation with the special condition that she notify the Municipal ordinances prohibiting convicted sex in the subscriber information they provide to Internet Bureau of Immigration and Customs Enforcement offenders from living within specified distances of service providers. Here, defendant’s motion to sup- (ICE). The appellate court struck down that condition. schools and other designated facilities are preempted press was properly granted because the police used The court stated that it was not reasonably contem- by Megan’s Law and are therefore invalid. a deficient municipal subpoena. Law enforcement of- plated by defendant when she pled guilty and in any State v. Quezada ficials can obtain subscriber information by serving a event it exceeded the authority of the trial court. A volunteer fireman who calls in false alarms and grand jury subpoena on an Internet service provider State v. J.G. responds to the scene of the reported fire may be con- without notice to the subscriber. Here, the State may The cleric-penitent privilege may be invoked by victed of official misconduct. A conviction for setting seek to reacquire the information with a proper grand either the cleric or the penitent. To be protected by the false fire alarms merges into official misconduct when jury subpoena because record of the information privilege, the communication must have been made the false alarm constitutes the official misconduct. existed independently of the faulty process used by in confidence, to a cleric, and to the cleric in his or Espina v. Bd. Of Review, N.J. Depart. of Labor the police, and the conduct of the police did not affect heir role as a spiritual advisor. The privilege does not and Keybank Nat’l Ass’n the information. apply where a cleric reaches out to an individual to Pursuant to N.J.A.C. 12:17-9.11(b), an employee State v. Aikens, et al intervene in unlawful conduct – in this case sexual cannot be deemed to have abandoned her employ- Flight from one state to another constitutes a viola- abuse of defendant’s two daughters – in an effort to ment by failing to return to work, until the expiration tion of the Federal Fugitive Act, and United States stop the unlawful conduct and the cleric refuses to of five consecutive days from the last day ofan Marshals are authorized to make a warrantless arrest provide counsel or spiritual services – in this case approved leave of absence. Thus, claimant is not of a person who they have probable cause to believe baptism – to the individual. disqualified for benefits as a “voluntary quit.” has violated the Act. Compiled by Director, Assistant Prosecutor, Debra Simms

ECPO Hosts County Prosecutor’s Conference Essex County Prosecutor, Paula T. Dow was Attendees participated in a series of workshops sworn in as president of the County Prosecutor’s which ranged from Computer Forensics to Ethics Association for the 2008-2009 term. Director, for Prosecutors. Dr. John Butler, a noted DNA Assistant Prosecutor Janice Massaro and Assistant expert with the National Institute of Standards Prosecutor, Linda Nevadomski were elected as and Technology provided the keynote address. Dr. association officers. Massaro served as chair- Butler discussed how popular television shows like person of the conference. Chief Assistant Pros- CSI and Law & Order provide jurors with a glimpse ecutor, Robert Laurino was presented with the of how crime investigations occur; he also noted Outstanding Victim Advocacy Award. that popular television shows may provide jurors Prosecutor Dow is sworn in as President of the County Prosecutor’s with unrealistic expectations. Robert Laurino and Association of New Jersey. Twenty attendees participated in the 5K River- Executive Assistant Prosecutor Hilary Brunell also front Fun Run which was held on Saturday The Essex County Prosecutor’s Office (ECPO) presented workshops. These workshops could be served as host of the 2008 County Prosecutor’s morning. ECPO participants included Carolyn utilized as continuing legal education credit in the Association of New Jersey’s annual conference. Murray, Andrea McCoy Johnson, Eileen O’Connor, state of New Jersey, New York and Pennsylvania. The conference boasted 500 attendees from across Kim Acocella, Lawrence Bullard, Christine Fay, Attendees donated money to the Greater Newark the state and was held at the Hyatt Regency Hotel Roger Imhof, Mariana Trieschmann, James John- Fresh Air Fund, a charity that provides summer in Jersey City. ston, Alissa Vinci and Brian Innis. camp experiences for needy children.

Article by Deputy Chief Assistant Prosecutor, Andrea McCoy-Johnson 6 • The essex observer

Training the Fellas Stories of Convictions Fifty-five boys in the fourth and fifth grades at East Orange Man Sentenced to Life in Prison I’ve seen in 20 years of prosecuting homicide cases,” Mount Vernon Avenue School in Irvington pack On the evening of November 9, 2005, a woman continued McTigue. into a classroom every Tuesday and Thursday was heading home from work and met up with to learn about self respect, respect for others her husband at an East Orange train station. The Drug Dealer Sentenced to 65 Years for Murder and becoming leaders in their communities. couple stopped at a convenient store to buy ice cream Edward Peoples was recently sentenced to 65 years The boys participate in Fellas In Training, a and candy bars. As they left the store, a gunman, in state prison for the murder of a rival drug dealer year old mentoring program ran by The Bridge Mark Caldwell and his accomplice, Zakiyah Jones, at a public housing complex in 2006. Peoples shot Incorporated in partnership with the Essex approached the couple and forced them face down Rahman Jenkins a total of ten times in a parking County Prosecutor’s Office. onto the concrete. During the robbery, Caldwell shot lot at the Baxter Terrace Apartments. Jenkins was Over the past year, boys were taught lessons and killed Kerlissa Romeo. unarmed and attempted to run away from Peoples. in teamwork and discipline by staff members “This was as cruel a crime as I’ve ever seen,” said Peoples was arrested after the shooting and offered from The Bridge Inc. Billy Ray Lynn, assis- Thomas McTigue, the assistant prosecutor who tried to pay a fellow inmate for an alibi. While incarcer- tant site director, Steven Folsom and Chad the case. “It’s bad enough to shoot a man’s wife ated it was discovered that Peoples wrote threatening Williams, both program coordinators use when he’s lying right beside her, but the robbery was letters to witnesses in an effort to coerce them not multi-faceted tools to get their lessons across. completed and they put up no resistance.” to testify. “We want to give kids a better perspective on Last April, Mark Caldwell was sentenced to life in “The sentence was justified,” said Roger Imhof, social issues they experience in childhood,” prison for murder, first degree robbery and weapons assistant prosecutor who handled the case. “The said Chad Williams. offenses. “This was one of the most brutal crimes that victim was shot 10 times as he lied on the ground.”

ECPO Creates V.I.P.E.R., Elite Gang & Drug Unit The Essex County Prosecutor’s Office recently merged said Essex County Prosecutor, Paula T. Dow. “Through three of its units to create a special unit specifically the use of comprehensive criminal data collection designed to dismantle dangerous street gangs, drug and analysis, combined with intelligence exchange organizations and to reduce gun violence and narcot- with federal, state, county and local law enforcement ics distribution in the streets of Essex County. partners, we will most effectively detect criminal The resources of the Essex County Narcotics Task organizations who pose the greatest safety risk to the Force, Essex County Gang Unit and the Essex citizens of Essex County,” continued Prosecutor Dow. Stephen Folsom, Program Coordinator with The Bridge County Technical Services Unit have been combined The V.I.P.E.R. Unit is comprised of 18 detectives and interacts with students from Fellas In Training. to form the new unit, V.I.P.E.R., Violence Interdiction/ three supervisors who operate throughout the day Intelligence Prosecution Eradication Recidivism Unit. and evening. The unit will continue to work alongside Staff members analyze the fictional charac- “The mission of the V.I.P.E.R. Unit is to identify and members from the Drug Enforcement Agency, Federal ters in the film Coach Carter, so students can track narcotics and gang targets that have the pro- Bureau of Investigation, New Jersey State Police and observe how they overcome various chal- pensity to engage in acts of violence using firearms,” the U.S. Attorney General’s Office. lenges to work together as a team. The boys play the game of chess to learn patience. They participate in hiking trips and various outdoor activities for team building exercises. The Students Receive Message of Safety Continued from Page 1 notion that all people belong to the human race Earlier that month, a gunman chased his victim “You’re valuable! Don’t let anyone tell you that you’re and everyone lives in one world is emphasized through the school’s playground while children were not valuable!” urged Reverend Manuel Donelson. on a regular basis. “Although we come from playing. The school yard, considered to be a safe Reverend Donelson from the social service agency, various ethnic groups, it’s important for the haven, transformed into a nightmare that afternoon. Friends and Families United, discussed how violence students to know that we’re all equal,” contin- No child was injured that day, but the horrid memories impacted his family and how he overcame adversity. ued Billy Ray Lynn. The students from Fellas In of the shooting remained in their minds. Training are also eligible to participate in free counseling and tutorial services offered by The Director, Assistant Prosecutor, Gwendolyn Williams Bridge at its headquarters in Irvington. provided a welcome address and introduced Essex County Prosecutor, Paula T. Dow to students and fac- Ilene Tamburri, social worker at Mount ulty. Prosecutor Dow encouraged students to make Vernon Avenue School, said she noticed good choices and resist the temptation to behave positive changes in the boys’ attitudes who negatively. Students were advised to leave unsafe participated in the program last school situations. The day’s motto was staying safe! Stop. year. “We feel very privileged to have this Alert an Adult. Focus and Evacuate. Deputy Chief program at the school. The staff members at Assistant Prosecutor, Andrea Johnson discussed the The Bridge are very consistent and work well ramifications of violence. Cease Fire Workers answer audience members questions. with the children,” added Tamburri. Lori Scott Pickens from Rutgers Police Institute, The Essex County Prosecutor’s Office,Commu - Latisha Miller with Sisters Helping Each Other and Sergeant Andre Robinson with the New Jersey State nity Justice Unit, provides financial support to Cease Fire Workers: Murad Ali, Aaron James and Police gave tips to students on how to deal with Fellas In Training. “It’s important that we have Michael Stover performed scenarios that provided “bullies” without resorting to violence. “Try to become programs like this to assist boys with issues safety tips to students. Nicole Graves-Watson, Com- friends. Sometimes you can use humor to turn the that effect their daily lives,” said Gwendolyn munity Justice Coordinator and Pamela McCauley, situation around,” suggested Sergeant Robinson. “If Williams, assistant prosecutor and director of Victim Witness Coordinator facilitated a question and that doesn’t work, walk away and report the incident the Community Justice Unit. answer segment with the students. to an adult” he continued.

The essex observer • 7 Cops in the Crosswalk New Program Enforces Pedestrian Safety initiative designed to raise drivers’ awareness drivers safe,” said Detective Arnold Anderson with about yielding to pedestrians at crosswalks. The the Essex County Prosecutor’s Office. pilot program, which was instituted last summer, Researchers from Rutgers University and the Alan placed undercover police detectives as pedes- M. Voorhees Transportation Center conducted trians at various locations throughout Montclair and South Orange. Drivers who failed to yield to studies to determine the percentage that drivers the “pedestrians” were stopped by uniformed yield to pedestrians in both Montclair and South police officers a short distance away. The program Orange. Prior to the implementing the program, enforces the New Jersey statute that requires it was discovered that only 11% of drivers in drivers to yield to pedestrians. both towns yield to pedestrians at crosswalks. The percentage of drivers yielding to pedestrians Prosecutor Dow and Detective Anderson speak to the press. The New Jersey Division of Highway Traffic Safety reported that pedestrian crashes made up 30% of increased dramatically following the program’s The Essex County Prosecutor’s Office along with the total traffic fatalities in 2006 and increased to implementation. It was found that drivers yielded the Montclair Police Department and South Orange 38% in 2007. “The program was designed to reduce to pedestrians 48% in Montclair and 32% in South Police Department created a pedestrian safety pedestrian fatalities and keep both pedestrians and Orange.

Graves-Watson Served as Keynote Speaker VIPER Receives Task Force Award Continued from “Awards” Page 4 Members of the Essex County Prosecutor’s Nicole Graves-Watson, Commu- Office VIPER Unit received the 2008 Organized nity Justice Coordinator with the Crime Drug Enforcement Task Force Award. They Essex County Prosecutor’s Office were awarded for their successful investigation and Editor of the Essex Observer deemed, “Operation First Blood.” During this served as the keynote speaker investigation, 35 Bloods gang members were at Chancellor Avenue School’s identified and targeted. Twenty two of the gang 8th grade graduation. Watson, members were directly involved in selling firearms Nicole Graves-Watson alumni of the Irvington school and narcotics. Eighteen federal arrest warrants was excited to participate in Madison Avenue School Principal Jennifer Carlisle-Peters, Director, and five state arrest warrants were issued on the the graduation. “I want students to know they Assistant Prosecutor Gwendolyn Williams and Vice Principal gang members following Operation First Blood. Adam Kar reading a copy of The Essex Observer Newsletter. can succeed in life and never allow anyone to The awardees were: tell them otherwise,” said Watson. Nicole Graves- Deputy Chief Assistant Prosecutor, Thomas Fennely, Watson enjoys spending time with her husband Williams attended the school from kindergarten Lieutenant Earl Graves, Detective Anthony Cox, and daughter. through fifth grade. “I have a strong affinity for Detective Kenneth Dougherty, Detective James Madison Avenue School and was honored to serve Morrison, Detective Dante Pasquale, Detective Williams Appointed Principal for a Day as principal for a day,” said Williams. Williams, who Neftali Ramos, Detective Rasul Sharif, Detec- On May 2, 2008, Gwendolyn Williams, Assistant Pros- met with students and faculty members throughout tive Rodney Barron, Newark Police Department; ecutor and Director of the Community Justice Unit the day, also handled disciplinary issues involving Detective Stephanie Treadwell, Newark Police served as “Principal for a Day” at Madison Avenue students. Gwendolyn Williams has been an assis- Department; Detective Jimmy Williams, Essex School in Newark. tant prosecutor for the past fifteen years. County Sheriff’s Department

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