The Essex Observer The Essex COMMUNITY JUSTICE UNIT NEWSLETTER ’s Office

VOLUME TWO • WINTER 2008 50 W. Market St., Newark, NJ 07102 • (973) 621-4700 • www.njecpo.org

observed a drive by ECPO Speakers Bureau: shooting of four men from his apartment window. Gang Awareness “I didn’t dare wear red or blue and was careful about where I went. I The Essex County Prosecutor’s Office Speaker’s Bureau is comprised never imagined this (gang of experienced assistant , detectives and administrative violence) would come professionals. They share their expertise on various topics including gang Gang graffiti on a house in Essex County to ,” added awareness, substance abuse prevention, internet safety, child abuse, Detective Williams. Jimmy crime prevention and careers in law enforcement with the Essex County Williams is a Gulf War veteran who holds both bachelor and master community. degrees from Fairleigh Dickinson University. He is a certified chaplain and Once regulated to the western coast of the , gang violence G.R.E.A.T. instructor. Detective Williams began his law enforcement career spread throughout the country like wildfire. Violent street gangs such as at the Essex County Youth House. the Bloods and Crips emerged in Essex County in the mid nineties. Essex “I want to have a great impact in the lives of children,” continued Detective County witnessed increased murder rates, drug and weapons distributions. Williams, who also served as a officer at Northern State Prison There could no longer be denial about the existence of Los Angeles based and a police officer with the East Orange Police Department. gangs in Essex County. Detective Stephanie Treadwell of the Newark Police Department and Detective Jimmy Williams from the Essex County “I would like to commend Detective Treadwell and Detective Williams for Sheriff’s Department travel across the county as part of the Essex County their service both in the office and the community. They are extremely Prosecutor’s Office Speaker’s Bureau, to give gang awareness presentations dedicated and avail themselves any time of day,” said Lieutenant Earl Graves to schools, community and faith-based organizations. of the Essex Federal Gang Task Force. Detective Treadwell, a 19 year law enforcement veteran, began her career The Essex County Prosecutor’s Office began a gang suppression unit with the Newark Police Department in 1989 as a patrol officer. Five months in 2001 after rising gang violence erupted in the streets of Essex County. later, she was assigned to the narcotics division as an undercover officer. Gang members also began threatening law enforcement officials and Detective Treadwell has worked with the Drug Enforcement Agency on wire judges. The unit began with Lieutenant Arnold Valentine, Lieutenant Curt taps for narcotic investigations. She is an executive board member with the Schwindel, Detective John Dixon and Detective Earl Graves. The unit East Coast Gang Investigators Association and a certified Gang Resistance quickly grew with the help of local police departments, the Essex County & Education Training (G.R.E.A.T.) instructor. Sheriff’s department, the Federal Bureau of Investigations, Drug Enforcement Agency and Immigration Customs Enforcement. The unit currently has “I enjoy educating kids and their parents about gangs. We’re losing a lot of fourteen law enforcement officers. Other members of the unit also give kids to this violent lifestyle. Gang members are desensitized to human life. presentations to community groups. To some of them, it’s a normal occurrence to kill a person,” said Detective Treadwell. She was contacted by a pre-school teacher a few years ago Last year the Essex County Prosecutor’s Office identified over 3,000 gang after noticing that students were throwing gang signs (hand gestures). members in the county. Initiations are extremely violent and often deadly. “Children imitate adults. I encourage children to do positive things. I want to Males often have to endure beatings from several members at once. Females give these kids some sense of hope,” continued Treadwell. usually have to engage in sex with several gang members at one time. It’s common for females to engage in unprotected sex, which may lead to Detective Jimmy Williams, a native of Newark, New Jersey, first became sexually transmitted diseases, including AIDS. Initiations may also include aware of violent street gangs while stationed at Camp Pendleton in California murdering someone or engaging in other criminal activities. by the Marine Corps. He went to Compton, California on the weekends to visit his uncle. “It was 1979 and I was aware of street level gangs in Newark, but nothing prepared me for what I saw in California,” suggested Williams, a for the past 15 years. INSIDE THIS ISSUE: After leaving the military, Detective Williams moved to Compton where he WORLD AGAINST VIOLENCE YOUTH CONFERENCE pg 3 ETHICS 101 WITH PROSECUTOR DOW pg 4 AWARD WINNERS pg 4 NUTLEY P.D. CREATES JUNIOR POLICE ACADEMY pg 8

Left: Detective Stephanie Treadwell, Right: Detective Jimmy Williams Q & A with Detective Stephanie Treadwell & Detective Jimmy Williams

NGW: Do you feel NGW: Why do you that criminal gangs feel that kids join are a great threat to gangs? society? ST: I think a lot ST: The greatest of kids feel intimi- threat to our soci- dated into joining PROSECUTOR’S ety is broken gangs. Kids are homes poverty, and influenced by TV, MESSAGE Bloods Gang Member Crip Gang Member the music industry and video games. The Essex Observer Newsletter was conceived unemployment. This creates an environment that to familiarize community members and law breeds gangs and other forms of criminal activity. JW: There are a lot of reasons why kids join enforcement officials with the successes and gangs. Peer pressure is very strong and there innovations in the Essex County Prosecutor’s JW: Yes. Criminal street gangs terrorize are not enough preventive programs for kids. Office. The Community Justice Unit within the communities and leave people in fear of their lives. I believe that corporate America exploits the office takes preventive measures to discourage Gangs are destroying our quality of life. gangster lifestyle. They are making billions of young people from entering a life of crime. dollars pushing negative images to kids. They NGW: What are some of the basic facts that glorify selling drugs, violence, misogyny and fast Over the past decade, street gangs have you would like to impress upon your audience money. become a menace throughout the county. Gang when giving presentations? NGW: What tips do you have for parents? members are involved in all forms of crimes such JW: I tell kids that their actions today determine as homicides, drug possession and distribution, their future. I want kids to understand that if ST: Parents need to spend more time with their illegal use of firearms and robberies. Gang they join a gang they may eventually wind children. They need to know their children’s friends, violence threatens the safety of our community up dead, hurt or in jail. There are no medical their friends’ parents. The computer should be in and we receive numerous requests to conduct benefits or pension plans for gang members. a common area in the home, where parents can gang awareness presentations. In this issue, you observe what their children are doing. will read about gang awareness presentations ST: To give the audience a basic awareness conducted by detectives who represent the of gang culture. We target parents, school JW: It’s important they pay attention to their Essex County law enforcement. You will be administrators, employers and various community children’s behaviors. Observe sudden changes introduced to our 2007 summer interns and organizations. The information that we give is in clothing, attitude and friends. Look for graffiti learn about our World Against Violence youth not an exact science. Things change everyday. and tattoos. conference. *ST: Stephanie Treadwell, JM: Jimmy Williams, NGW: Nicole Graves-Watson The Essex County Prosecutor’s Office is committed to providing justice to all residents of Essex Congratulations to Mira Ohm for Winning the “Name Our Newsletter” Contest County. It’s imperative that all law enforcement officers abide by a code of ethics. In this issue, you will also read about the ethics course that I teach to new police recruits.

ECPO employees who’ve recently won community and professional awards are profiled in this issue. You will read about new state laws that have gone into effect. Finally, you can read about Nutley Police Department’s Junior Police Assistant Prosecutor Mira Ohm is joined by Director, Assistant Prosecutor, Gwendolyn Williams, Prosecutor Paula T. Dow and Community Justice Coordinator, Nicole Graves-Watson Academy in the Local Police Section.

Enjoy, COMMUNITY JUSTICE UNIT: Nicole Graves-Watson, Community Justice Coordinator, Paula T. Dow, Editor, The Essex Observer Paula T. Dow, Essex County Prosecutor Essex County Prosecutor Sandra Luna, Keith Harvest, Administrative Assistant Chief Assistant Prosecutor Lloyd Holmes, Andrea McCoy Johnson, Photographer Deputy Chief Assistant Prosecutor *If you have an idea or suggestion Gwendolyn Williams, of what you would like to see in the Director Assistant Prosecutor newsletter, please send an e-mail to nicole. Community Justice Unit [email protected]

2 • THE ESSEX OBSERVER World Against Violence 25 Students Joined Youth Conference (W.A.V.) the ECPO Team

On Thursday, November 15th, the Essex County Students attended a variety of interactive work- Last July, twenty-five high school juniors from Essex Prosecutor’s Office held its 8th World Against shops, which focused around the theme “Time County participated in the Essex County Prosecutor’s Violence Youth Conference, entitled “Time for a for a Change-Staying Safe”. Prosecutor Paula Office Summer Youth Internship Program. “This is a Change-Staying Safe”. Nearly 300 high school Dow gave the opening remarks and welcomed terrific program! I had the opportunity to learn great juniors and seniors from across Essex County filled students and their teachers to the event. “This is things and meet new people,” said Anise Burkholder the Paul Robeson Center at Rutgers University a great opportunity for students to learn about the from University High School in Newark. in Newark. The goal of the one day summit was dangers of drugs, gangs and alcohol abuse,” said to engage students about the consequences of Prosecutor Dow. Students participated in the five-week summer becoming involved with gangs, guns, drugs and internship program, designed to expose them to “Star polishers, make other delinquent behavior. various careers in law enforcement. The program them shine!” was includes a one-week residential component at New The highlight of heard through the Jersey State Trooper Academy. Students received the conference Paul Robeson Cen- military style-training and courses similar to the was an earth ter. Roger Leon, shattering presen- assistant super- program that New Jersey State Trooper recruits tation by former intendent with the undergo. NBA player Lu- Newark Board of Interns toured the offices of the Drug Enforcement ther Wright. Wright Education, provided Agency, Federal Air Marshall and the Essex played one year the keynote address. He described students as County Sheriff’s Office. They were “scared straight” with the Utah Jazz being stars and referred to teachers as polishers. during their visits to New Jersey State Prison and and was later diagnosed with bipolar disorder. Leon believes all children have potential and adults the Essex County Youth Detention Center. They He spent time in a psychiatric hospital and are responsible for nurturing their talents. attended an ethics course taught by Prosecutor later began using drugs. He became addicted Students attended workshops on gang awareness, Dow at the Essex Academy. Interns to drugs and was homeless for nearly six years. driver’s safety and internet safety. They were Wright discussed his battle with drug addiction attended workshops conducted by ECPO staff given tips on how to stay safe at home and and encouraged students to refrain from drugs members on the roles and function of the Essex school. and alcohol. County Prosecutor’s Office, Internet Safety, Driver’s Safety and Gang Awareness. “Drugs ruined my life. Please don’t make the same mistake that I made,” warned Wright. Interns experienced college tours at both Rutgers University and New Jersey Institute of Wright’s fall from grace was captured in the rap Technology. During the last week of the program, lyrics of former Irvington High School student, Kevin they staged a mock trial and had a celebratory Mills. Mills is the winner of the 2007 Shoutdown dinner at the Newark Club. Interns received Drugs Campaign sponsored by The Partnership a $500 stipend at the end of the program. for Drug Free America and Comcast Cable. Applications for the Essex County Prosecutor’s Mills won the campaign for his rap song “I Said Office 2008 Summer Internship Program are No”. In the anti-drug song, he references Wright, now available. For further information contact stating that he was a “first round pick now he’s on Essex County Undersheriff, Christell Culpepper Gwendolyn Williams, Director Assistant Prosecutor the corner searching for a fix.” Mills performed discussed crime scene investigations, illustrated at (973) 621-4209 or Community Justice Coordinator, “I Said No” during the conference. the damages that various guns cause and Nicole Graves-Watson at (973) 621-4663. “I’m not ashamed of the song. Kevin saw me at mentioned how she traces guns. She is one of the worst of times and I’m proud that he used my two African American females in the US who are life as a deterrent to say no to drugs,” said Wright. certified as ballistic experts. Wright, a newlywed, has been “clean” for the past Detective Jimmy Williams, with the Essex four years. He credits his new life to his faith in County Sheriff’s Office gave a gang awareness God. Wright spends much of his time playing presentation to students. “You shouldn’t have to guitar in a gospel group, trying to deter kids from live in fear from gang members. Living in fear making poor choices and working on a book. is a form of terrorism,” said Detective Williams. The WAV conference was co-sponsored by Williams said that kids are concerned about being Friends & Families United. The organization labeled as “snitches”. arranged for Wright to give the workshop about Detective Arnold Anderson gave a workshop on the dangers of drugs. “I attended the first WAV driver’s safety. Detective Anderson is the creator conference and students from my organization of the Smarter Driver’s Safer Streets educational really enjoyed the workshops and meeting program. The program utilizes basic high school students from various schools. It’s a really good math, physics principals and graphic presentations initiative that I look forward to every year,” said of fatal collision investigations to relate to students 2007 Essex County Prosecutor’s office Yolanda Simmons, leadership coordinator with the the devastating forces they could experience in a Summer Interns pose for the camera at the Lincoln statue in front of the Historic Courthouse. organization. car crash. (continued on page 7) THE ESSEX OBSERVER • 3

Ethics 101 with The Awards Go To...

Anderson Gets Traffic Award Prosecutor Dow Detective Arnold Anderson the award based on his successful prosecution “To care for anyone else was presented with the in the State vs. Omar Bridges. Education Safety Award from enough to make their prob- Omar Bridges, a resident of the Traffic Engineering and lems one’s own, is ever the East Orange, was recently sen- Safety Forum in November beginning of one’s real ethical tenced to 50 years in prison for 2007. Detective Anderson is development.”* shooting Newark Police Officer assigned to the Vehicular After twenty weeks of training Eduardo Patinho in the face Homicide Unit of the Essex at the Essex County Police three years ago. During a routine County Prosecutor’s Office. Academy, police recruits patrol on October 9, 2004, Officer Prior to that, he was a member of the traffic bureau have their final lesson Patinho and his partner, Kimberly of the Irvington Police Department for fifteen years. before graduation: Ethics Gasavage observed a gunman shooting from the Detective Anderson is the president of the Traffic and Law Enforcement with passenger side of a Jaguar at another vehicle. Officers Association of New Jersey. He is the author Prosecutor Paula T. Dow. Twice a year, Prosecutor Officer Patinho and Officer Gasavage chased the of the “Smarter Driver-Safer Streets Program”. In Dow lectures to fifty recruits per class about luxury car, which reached an excessive speed of addition to his investigative duties, he lectures the importance of integrity. “There are still too 90 miles per hour and hit a subway track. Officer about driver’s safety to high school students in many cases in New Jersey of police abuse and Patinho jumped out of his police cruiser and Essex County. corruption. Officers are exposed to circumstances ordered the occupants of the Jaguar to get out of that can lead to corruption if they’re not careful,” “Detective Anderson is a valuable member of the car. the Essex County Prosecutor’s Office Speaker’s stated Prosecutor Dow. Instead of complying, a gunfight broke out and Bureau,” said Gwendolyn Williams, Assistant As the chief law enforcement officer in Essex Officer Patinho was shot in the face. Following the Prosecutor and Director of the Community Justice County, Prosecutor Dow feels obligated to teach shooting, Officer Patinho required 13 surgeries to Unit. Detective Anderson has been an employee the ethics course herself. “Leadership begins rebuild his shattered jaw. Bridges was convicted with the Essex County Prosecutor’s Office for the from the top and I’m setting the appropriate by a jury of attempted murder, aggravated assault past seven years. example,” continued Prosecutor Dow. and weapons offenses. During the lesson, Prosecutor Dow discussed Casale Inducted into Boxing “It was very gratifying that the jury composed of recent police corruption cases and how they Hall of Fame Essex County citizens appreciated the dangers that the police officers faced and came to a just undermined the public’s view of law enforcement Detective Guy Casale was and reasonable verdict,” said Elflein. officers. She spoke about the case involving recently inducted into the Essex County corrections officer Jay Griggs, who New Jersey Boxing Hall of A 17 year veteran with the Essex County plead guilty to smuggling drugs to inmates in 2006. Fame. Casale, a 19-year Prosecutor’s Office, Elflein found it satisfying to “He broke his pledge as a sworn officer of the law. veteran with the Essex receive the Outstanding Public Official Award. His disgraceful conduct will not only cost him County Prosecutor’s Office, began his boxing The Detectives Crime Clinic is a non-profit law his job, but will cost him time on the other side of career in 1976. Casale won many amateur enforcement organization founded in 1942. the jail,” said Prosecutor Dow. fights and became known as “The Rock” for his She is not tolerant of officers who disobey the law resemblance and fighting style to former heavy- Grier, Holmes & Welsh and feels there should be no double standard. weight boxer Rocky Marciano. In 1978, Casale Get POMA Award “I feel that we should bring the hammer down on gained national recognition for his fight with Bobby

law enforcement officers who engage in criminal Halpern. During the fight, Casale delivered a conduct. It’s a disgrace to all the hardworking crashing right punch to Halpern’s jaw that rendered people who put their lives on the line,” said the him unconscious for nearly three minutes. In 1979, Essex County Prosecutor. Prosecutor Dow wants Casale sustained a severe injury to his right eye the recruits to remember to be honest, have during a fight. He made a comeback two years integrity and treat all citizens fairly. later and earned a spot on the first Tommy Hearns vs. Sugar Ray Leonard heavyweight boxing match. Five law enforcement officers between 2006 and Casale fought Joe Frazier’s son, Marvis Frazier. 2007 were prosecuted as a result of misconduct. Unfortnately, he sustained an injury during the 2007 POMA winners are joined by Prosecutor In 2006, East Orange Detective, Norman Price, Dow, Administrative Assistant James Hunter and fight, which prompted the referee to end the match. Office Supervisor Martha Thompson was found guilty of money laundering, official This was Casale’s final ring appearance. His career misconduct and conspiracy to commit theft by record shows only three losses in 21 professional The Prosecutor’s Office Management Association deception. He is presently serving a twenty year fights. Casale went on to become a police officer. honored Essex County Prosecutor’s Office prison sentence. employees, Lorenda Grier, Lloyd Holmes and He completed his college degree, attended gradu- Kathleen Welsh at their annual award luncheon. Citizens deserve integrity from law enforcement ate school and ultimately obtained a law degree. officers. They are responsible for upholding the The employees were honored based on their outstanding service to the office. law. By teaching ethics to new recruits, Prosecu- Elflein Awarded Outstanding tor Dow expects it will deter them from making Public Official Lorenda Grier is a senior clerk typist assigned to unethical decisions. the Narcotics Task Force. Grier assists Director/ Frederick Elflein, an assistant prosecutor with Assistant Prosecutor, Thomas Fennelly with the Essex County Prosecutor’s Office, was award- preparing for their annual grant application. She * Quote from Felix Adler, scholar and founder of the Society of Ethical Culture ed Outstanding Public Official by the New Jersey/ processes the paperwork for equipment and office New York Detectives Crime Clinic. Elflein received supplies purchased through grants. 4 • THE ESSEX OBSERVER Grier, an employee with the Essex County Prosecutor’s Office for the past ten years, New Faces at ECPO enjoys spending time with her family and reading The Essex County Prosecutor’s Office welcomes its latest in her spare time. employees. They come from various walks of life with the Lloyd Holmes serves as the photo processor with common goal of service and commitment to justice. the Essex County Prosecutor’s Office. As the official office photographer, Holmes develops, prints and maintains photo layouts and photo enlargements of crime scene evidence. Kathy Welsh, senior legal stenographer, has been employed with the Essex County Prosecutor’s Office for 30 years. She was initially hired in 1965 and left the office in 1977 to raise her children. Welsh returned to the Essex County Prosecutor’s Office in 1990. Her work duties consist of managing the workload of appellate attorneys. “I’m appreciative of receiving the Prosecutor Paula T. Dow welcomes new employees. New Assistant Prosecutors Join ECPO. POMA Award and thankful for the support of my Pictured left to right are: Robert Monaco, Seated left to right: Luanh Lloyd, Jennifer section,” said Welsh. Detective Robert O’holla, Alyssa Morieco, Souzy Fetterman, Leslie Adamczyk, and Nicole The Prosecutor’s Office Management Association Najib, Quasheema Robinson, Victoria Ply, Buermann. Standing left to right: Paul Yoon, (POMA), formed on November 16, 1979, is a Karina Lavayen, Nadya Roachford, Marc Bogart, Adam Wells, Kelly Sandler, Stephen Pogany, Detective Elizabeth Martinez, Lauren Thompson Prosecutor Paula T. Dow, Jesse Stalnaker, professional organization comprised of office and Detective Victoria Barbetta Jessica Levinson, Justin Edwab and Lawrence administrators, office managers, support staff Bullard managers and various administrative level employees from all of the County Prosecutor’s Offices in New Jersey and the State Division of Criminal Justice. The organization seeks to improve procedures in County Prosecutor’s Offices through the exchange Good LuckChief Allen of ideas.

Washington & Woods Louie Allen, Chief of court in Pittsburgh, . Allen’s mother Receive Teamwork Award Detectives with the brought him to work on a regular basis, where he Joan Washington, the data Essex County Pro- interacted with police officers. processing technician for the secutor’s Office, bid grand jury unit in the Essex farewell last fall to take Louie Allen began his law enforcement career as County Prosecutor’s Office, a non-law enforce- a police officer in Pittsburgh, in the turbulent sixties. received the Essex County ment position with New He later became an FBI agent. As a member of Teamwork Award in August. York State’s Office of the FBI, Allen worked undercover and traveled Washington, an employee with the Prosecutor’s Mental Retardation. the country. He also became a supervisor and Office for the past 21 years, is responsible worked on various special assignments includ- for scheduling the dates for grand jury and Allen, a 38 year law enforcement veteran, spent the ing the aftermath of the September 11th attacks. maintaining statistics. last three years with ECPO, where he supervised Allen retired from the FBI four years ago, and She also supervises nine clerical employees. “I two deputy chiefs, six captains, fifteen lieutenants, found that he missed the hustle and flow of the was pleasantly surprised that I was nominated and approximately 140 detectives. workforce. He came to ECPO in 2004 as the for the teamwork award,” said Washington. In her “I have a lot of respect for individuals who work spare time, Washington enjoys spending time with Chief of Essex County Detectives. here [ECPO]. They do a terrific job and sometimes her grandchildren and working in her garden. She their efforts go unnoticed,” said Allen. Allen, who During his tenure with ECPO, Allen and his staff also enjoys playing bingo, fishing and bowling. previously spent 25 years in the Federal Bureau were able to obtain more safety efficient firearms Vanessa Harper Woods, a of Investigation, feels that an organization’s best for detectives. They created a more competitive senior clerk in the Essex resource is its people. promotion system and upgraded training for County Prosecutor’s Office “Chief Allen is a people person. He never lost sight staff members. Forty-six detectives were hired Complaint & Indictment unit, and eleven detectives were promoted to various received the Essex County that the Prosecutor’s office is comprised of individ- positions. Teamwork Award in Septem- uals with their own special talents. Everyone brings ber. Woods is responsible something different to the organization and he “Chief Allen had a great impact on the office. He for entering complaints from recognizes that it makes the office work,” said brought innovating changes to the Narcotics and the Central Judicial Processing Unit to the Deputy Chief James Marinucci. Gang Units and brought more diversity in the Promise/Gravel system. “I am honored to Allen had a childhood dream of becoming a police staff,” said Acting Chief of Detectives Kenneth receive the Teamwork Award. Through sacrifice officer. His mother was an employee with the traffic and hard work, I have learned to overcome Reed of the Essex County Prosecutor’s Office. many obstacles,” said Woods. Woods enjoys participating in church activities in her spare time. THE ESSEX OBSERVER • 5 New Case Laws State v. Michelle Elders State v. Porforio Jimenez State v. Michael Tucker The “reasonable and articulable suspicion” In a capital cause prosecution, if a single juror finds The prosecutor’s comments about inconsistencies standard of State v. Carty, 174 N.J. 351 (2002), that the defendant has proved his or her mental in defendant’s statements did not constitute an which governs consent searches of cars that retardation by a preponderance of the evidence, unconstitutional comment on silence. are validly stopped applies equally to disabled the defendant is not eligible to receive the death vehicles on the State’s roadways. In this case, penalty. State v. Steven Fortin the Court concluded that there was sufficient The State may introduce material details of the credible evidence in the record to support the Jerkins, etc., et al. v. Bd. Of Education sexual assault committed by defendant in Maine trial judge’s findings that the troopers engaged of Pleasantville Public Schools, et al to present the bite-mark evidence of this crime in an unconstitutional investigatory detention and Schools have a duty to exercise reasonable care in context, subject to specific jury instructions search. for supervising students’ safety at dismissal. explaining the limited use of such evidence. The That duty requires school districts to adopt and FBI’s Violent Criminal Apprehension Program State v. Ronald Burns comply with a reasonable dismissal supervision database is not admissible to prove a signature When faced with the difficult dilemma of handling policy, provide adequate notice of that policy to crime. a recalcitrant witness who had no valid basis to parents and guardians, and comply with parents’ refuse to testify, the trial court did not abuse its reasonable requests regarding dismissal. State v. Pascal DuBois discretion by allowing the prosecutor to call a The record amply demonstrates that defendant witness who declined to answer specific questions Shim v. Rutgers- was sufficiently informed to knowingly and before the jury. In addition the trial court properly The State University of New Jersey intelligently waive his right to counsel. instructed the jury not to consider the facts in the A student who has lived in New Jersey for 12 questions that the witness declined to answer, and months prior to enrollment is presumed to be a Ruiz v. Mero any error not objected to in the charge does not domiciliary for tuition purposes under N.J.S.A. require reversal of defendant’s conviction. N.J.S.A. 2A:62A-21 abolished the firefighter’s 18A:62-4. If that student is dependent on out-of- rule. First responders may recover damages from state parents, the presumption in the student’s a property owner for any injury sustained when Richardson v. Bd. Of Trustees, favor is neutralized. In that situation, all of the answering an emergency. Police & Firemen’s Retirement evidence must be considered to determine if the System student’s domicile is in New Jersey. To establish that a disability is “a direct result of Tarus v. Borough of Pine Hill, et al. There is a common law right to videotape a a traumatic event” for purposes of the accidental State v. Donald Loftin municipal council meeting subject to reasonable disability retirement statutes, a member must prove The trial court erred by not excusing a juror who that the event is (a) identifiable as to time and place; restrictions. The Borough and its Mayor violated appeared to be biased and who, by his own words, b) undersigned and unexpected; and (c) caused that right by imposing arbitrary and unreasonable predetermined defendant’s guilt. The trial court by a circumstance external to the member (and restrictions that prevented Tarus from videotaping was obliged to question the remaining jurors not the result of pre-existing disease that is the Council meetings in question. to make certain that none had been tainted. aggravated or accelerated by the work). The failure of the court to ensure that the jury’s impartiality had not been compromised requires State v. John O’Hagen State v. Marcellus Williams reversal of defendant’s guilt and penalty phase The New Jersey DNA Database and Databank Act Defendant’s resistance and flight, which amounted verdicts. of N.J.S.A. 53:1-20.17-20.28, as amended, does to obstruction, broke the link in the chain between not violate the rights guaranteed by the Fourth the initial unconstitutional investigatory stop and and Fourteenth Amendments to the United States the later seizure of the handgun. Under such State v. D.A. The offense of tampering in violation of N.J.S.A. Constitution and Article I, Paragraphs 1 and 7 of circumstances, suppression of the evidence is not the New Jersey Constitution. warranted by the exclusionary rule. 2C:28-5(a), is committed only when a person acts believing that an investigation or proceeding A.A., by his parent and guardian State v. Raheem Means is underway or is about to begin. Because there A trial court may not set aside a plea agreement was no evidence that D.A. held such a belief, his B.A., v. Attorney General of the State solely because the prosecutor failed to notify the conviction of tampering must be reversed. of New Jersey, et al. victims prior to entering into the plea agreement. DNA test results lawfully obtained pursuant to the State v. Abdul Webster New Jersey Database and Databank Act, as State v. Alturik Francis If a sentence is subject to the No Early Release amended, may be used to solve crimes committed Because the misuse of the grand jury occurred Act’s mandatory-minimum-sentence provision, prior to the taking of the DNA test. before defendant’s indictment, the inquiry should making defendant ineligible for parole during the have been whether the testimony of the family first 85% of his sentence, the commutation and State v. Jason Meyer members was relevant to the crimes under work credits cannot be used to reduce that 85%’s “Special probation” under N.J.S.A. 2C:35-14 is investigation and not whether the grand jury was parole disqualifier. a type of disposition for certain non-violent drug used for the sole or dominant purpose of securing offenders, but it is not the exclusive route to additional evidence against the defendant for State v. Calvin Lee admission into Drug Court. Consistent with the use in the upcoming trial. The trial court is to A defendant is entitled to discovery to support Drug Court Manual and the general sentencing determine whether the testimony of defendant’s racial profiling claims and the attenuation doctrine provisions of the Code of Criminal Justice, N.J.S.A. family members is relevant to the charges against should be considered only after it is determined 2C:45-1, a trial court has discretion to admit non- defendant. that a defendant is a victim of racial profiling. violent drug-dependent offenders into Drug Court.

Compiled by Director, Assistant Prosecutor, Debra Simms 6 • THE ESSEX OBSERVER Youth Conference (W.A.V.) Stories of Convictions (continued from page 3) Gang Member Gets 30 Years for Ex-Convict Gets 20 Years for Police Shootout Love Triangle Attack Pamela McCauley, Director of the Office of Victim Witness Advocacy for the Essex County On September 24, 2005, a shooting took place Isaiah Kinney, an East Orange resident, was Prosecutor’s Office along with Associate Pastor at the Seth Boyden housing complex in released from prison in January 2006. After Anthony Hawthorne, of New Hope Baptist Church, Newark between reputed Bloods gang mem- returning home, he discovered his wife presented a workshop on staying safe at home, ber Naeem Mitchell and four police officers. living with another man and brutally attacked school and on a college campus. McCauley also Newark police officers Ronald Polhil and Edward his adversary by stuffing his body into a discussed victim and witness rights. Detective Vernotica were wounded during the incident. burning oven. Kinney along with another Richard Gould, with the Essex County Prosecutor’s Mitchell, a Newark resident, was convicted of accomplice, Gloria Jones, beat the victim, bashed aggravated assault and weapons charges from Office along with FBI agent Chio Ho gave a his head and left him unconscious inside a lit the shootout and was recently sentenced to stove. Although he survived the attack, the workshop on internet safety. Detective Gould 30 years in prison. “This certainly will serve as a specializes in computer crimes and computer deterrent to others, particularly gang members victim spent several weeks in a coma and suffered forensics. “I really enjoyed the workshops and who may wish to use violence against the police,” extensive brain injuries. was touched by all of the speakers,” said Sharon said Assistant Prosecutor Paul Bradley. Thomas, a senior at Orange High School. After the pair left the victim to die, they got into Mitchell was also sentenced to four years a car and made an illegal turn near the crime in prison which will run concurrently, on scene. East Orange Police Sergeant Larry narcotic possession, possession of the sub- Martin, observed Jones making the illegal turn stance within 1,000 feet of a school and and attempted to pull them over. A chase ensued resisting arrest. He is presently awaiting trial on and Sergeant Martin found Jones covered with charges of carjacking, conspiracy, robbery and blood when he finally pulled her over. The police possession of a weapon for unlawful purpose. were later led to the victim.

Farewell to Our Retirees Crime Scene Unit Installs New Fingerprint System Annie Delores Joyner, Supervisor, Clerk Typist enforcement agency in the state of New Jersey to provide Lite LAW technology to its crime scene detectives. Lite LAW technology was first H. Rutherford Livengood III, introduced in the United Kingdom and recently Deputy Chief Assistant Prosecutor made available in the United States. The system provides the ability to view fingerprints on Michael White, multi-dimensional surfaces. Supervisor, Assistant Prosecutor “This system will enhance all aspects of criminal investigations when connected to the A.F.I.S. Maryann Mitwally, terminal and will be available to all municipalities Clerical Supervisor in the near future,” stated Captain Robert Carella. Detective Robert Harris, a seven year employee Detective Robert Harris and Lieutenant with the Essex County Prosecutor’s Office, Arnold Valentin examine a weapon while received extensive training in Lite LAW technology. utilizing Lite LAW technology “This equipment [Lite LAW] will allow us to keep all areas of our investigation under one roof,” The Essex County Prosecutor’s Office Crime suggested Harris. Scene Unit recently purchased and installed an automated fingerprint identification system. “Prosecutor Dow played an instrumental role The fingerprint system and database includes in acquiring this technology with her continued a terminal for latent acquisition workstation support we have taken tremendous steps to (Lite LAW), a form of technology that cap- ensure that the Essex County Prosecutor’s Office tures latent prints directly from evidence. The Crime Scene Unit leads the state in all aspects of Essex County Prosecutor’s Office is the first law criminal investigations,” said Captain Carella. ECPO Toy Drive The Victim Witness Advocacy Unit of the Essex Witness Advocacy, appreciates the County Prosecutor’s Office held their annual holiday support of ECPO staff members. toy drive in December. Toys were given to needy “Without everyone’s compas- children at the Salvation Army of Greater Newark, sion and generosity this effort to Saint Michael’s Medical Center’s Hemophilia Care brighten the lives of the less for- Center, New Community Corporation-Gateway tunate during the holiday season to Work Program and House of Mercy Mission. would not have been possible,” Pamela McCauley, Director of the Office of Victim said McCauley. Members of the ECPO Victim Witness Unit distribute toys to needy children. THE ESSEX OBSERVER • 7 Focusing on Local Police Nutley P.D. Creates Junior Police Academy

watching violent images and playing violent video games. We’re giving them a positive alternative,” said Lieutenant Steven Rogers with the Nutley Police Department.

Students have a unique opportunity to spend a day on board a military ship. They have trips to the Essex County Police Academy, New Jersey State Police Headquarters, FBI Academy, Essex County Courts and the Essex County Prosecutor’s Office Crime Scene Unit.

“Our goal is to promote teamwork, teach responsibility and accountability and above all let these youngsters know that the police officer is their best friend and most valuable mentor,” said Nutley Police Chief John Holland.

Detectives Maria Hamlin and Anthony Montanari coordinate activities for the students. Students also participate in self defense courses. “This is The Nutley Police Department recently instituted school district which allows them to hold some our way of steering young people away from a junior police academy for children ages eleven functions during the day. anti-social behavior,” said Lieutenant Rogers. through seventeen. Fifty-seven students currently participate in the year-round program. The police “We’ve noticed young people throughout the department has a partnership with the Nutley country spend a lot of time in front of the television

Essex County Prosecutor’s Office 50 West Market Street Newark, New Jersey 07102