Carolyn A. Murray Acting Essex County Prosecutor

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Carolyn A. MurrayActing Essex CountyProsecutorAnnual Report2013

Essex County Prosecutor’s OfficeVeterans Courthouse50 West Market StreetNewark, NJ 07102www.njecpo.org973.621.4700

Executive StaffLeft to right, first row: Acting Essex County Prosecutor Carolyn A. Murray, New JerseyAttorney General Jeffery S. Chiesa, First Assistant Prosecutor Robert D. Laurino.Second row: Chief Assistant Prosecutor Keith Harvest, Public Information OfficerKatherine Carter, Chief Assistant Prosecutor Andrea McCoy-Johnson, Deputy ChiefAssistant Prosecutor Walter J. Dirkin, Chief Assistant Prosecutor Clara M. Rodriguez,Chief of County Investigators Anthony F. Ambrose, Deputy Chief Assistant ProsecutorDebra G. Simms, Chief Assistant Prosecutor Thomas S. Fennelly, Deputy ChiefAssistant Prosecutor Howard Zuckerman, Deputy Chief of County InvestigatorsQuovella Spruill, Deputy Chief of County Investigators Thomas A. Kelly, Deputy Chief ofCounty Investigators Lonnie J. Hinton.2013 Annual Report of Essex County Prosecutor’s Office

Essex County Prosecutor’s OfficeVeterans Courthouse50 West Market StreetNewark, NJ 07102www.njecpo.orgDuring 2013, the total number of adult defendant cases reviewed by the EssexCounty Prosecutor’s Office (ECPO) was 13,749. Also, 3,947 defendants wereindicted or charged by accusation in 2013. A total of 53.4 percent of ECPO’stotal adult defendant resolutions within 2013 following an indictment oraccusation involved first or second degree criminal charges. Further, in 2013,the total number of juveniles involved in delinquency case filings in EssexCounty was 2,196.(Statistics from N.J. Division of Criminal Justice, Analysis of Prosecutors’ Data, and from thePromis Gavel Database of the Administrative Office of the Courts, N.J. Superior Court).2013 Annual Report of Essex County Prosecutor’s Office

TABLE OF CONTENTSI.INTRODUCTIONMessage from Acting Prosecutor Carolyn A. Murray. 1Message from Acting Chief of Detectives Anthony Ambrose . 4A Brief History of the Essex County Prosecutor's Office . 6II.LEGAL UNITSAdult Trial Section. 10Appellate Section . 12Central Judicial Processing Unit. 15Drug Court Program. 16Forfeiture Unit. 17Grand Jury Unit . 18Initial Screening Unit. 19Juvenile Trial Unit. 21Mental Health Unit . 23Parole Notification Function. 24Police Legal Advisor . 25Pre-Trial Intervention & Expungement Unit . 26Remand Court Section. 27III.INVESTIGATIVE SQUADSArson Task Force . 28Bias Crimes Unit. 31Child Abuse Unit. 32Cyber Crimes Unit . 352013 Annual Report of Essex County Prosecutor’s Office

Domestic Violence Unit. 37Extradition Unit. 39Financial Crimes Unit. 40Homeland Security and Counter Terrorism . 42Homicide Unit . 44Human Trafficking Team. 46Megan’s Law Unit . 47Narcotics Task Force . 50Professional Standards Bureau . 52Sexual Assault & Rape Analysis Unit . 53Vehicular Homicide Unit . 55IV.SUPPORT UNITSBusiness Administration Unit . 59Community Justice Unit. 61Information Technology Unit. 64Media Relations Office . 66Sexual Assault Examiner/Response Team Program. 68Victim-Witness Advocacy Office. 70Photographs by Lloyd Holmes.Copyright 2014 Essex County Prosecutor’s Office. All Rights Reserved.2013 Annual Report of Essex County Prosecutor’s Office

Message fromActing ProsecutorCarolyn A. MurrayOur mission in the Essex CountyProsecutor’s Office isto seek justice, to serve justiceand to do justice.AIs prosecutors our success is not measured by wins and losses but by ourability to render justice. In 2013, we reaffirmed our commitment to thatgoal, working in every case to bring about a just result based on the factsand evidence. While conviction rates are certainly important and provide ayardstick to help us determine if we are working effectively, they are only onemeans by which we gauge our performance. Our task is to mete out justice fairlyand transparently in a manner that bolsters public confidence in the criminal justicesystem and serves victims. To advance that goal we hold our prosecutors, detectivesand support staff to rigorous standards, recognizing that if they fall short theiractions or inactions may have serious consequences for defendants. In Essex Countyour Office plays a pivotal role in the investigation of major crimes such as homicides,sexual assaults and large scale narcotics cases. We handle cases from investigationthrough sentencing and appeal. In addition to those traditional prosecutorial duties,we have continued to expand our responsibilities when it comes to crimeprevention and public education.Gun Buy Back Keeps 1,770 Guns Off the StreetTo that end we assisted Attorney General Jeffrey Chiesa when he designated EssexCounty as the site for a two-day gun buyback program. In February 2013, a total of1,770 guns, including approximately 70 firearms that are illegal to own because theyfeature unlawfully high ammunition capacities, have sawed-off barrels or areotherwise modified, were turned in at churches in Newark, Montclair, Irvington,Orange and East Orange.Essex County residents were allowed to bring in up to three firearms of any type “noquestions asked” and received cash payments of up to 250 per weapon. Some 312013 Annual Report of Essex County Prosecutor’s Office - Page 1

semi-automatic assault weapons were collected, including an AR-15 rifle -- similarto the weapon used in the Newtown, Connecticut shootings -- two Uzis, several ninemillimeters, 40 caliber and 380 caliber handguns and numerous sawed-off shotgunswere turned in during the buyback.A cooperative effort involving the Essex County Prosecutor’s Office, New JerseyState Police, the state Division of Criminal Justice, the Essex County Sheriff’s Office,the faith-based community and the mayors and police executives of the five hostmunicipalities, it was the third state-sponsored “Guns for Cash” buyback event.Gun buyback programs will not end gang wars and gun violence, but we consideredit important enough to contribute some of our forfeiture funds to reduce theavailability of illegal guns.Anti-Carjacking Billboard Campaign is LaunchedRecognizing that carjackings have become a growing problem in Essex County, inAugust of 2013 we launched an initiative aimed at alerting both the general publicand would-be carjackers to the consequences of carjacking. Using forfeiture funds,the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office and the U.S.Attorney Office launched an anti-carjacking billboard campaign.We wanted to emphasize that carjacking is not the same as taking a stolen car for ajoyride. When someone pulls out a gun or uses force to remove a driver orpassengers from a car that is a serious crime that carries serious penalties if theoffender is convicted.To drive home that message we launched a public education billboard campaign tomake clear that those involved in this type of crime face stiff penalties. The decisionto undertake this initiative was sparked by the seemingly unrelenting rise inincidents of carjackings. In 2009, there were just over 200 carjackings in EssexCounty. By 2013 that number had more than doubled.In addition to the billboard campaign, the U.S. Attorney’s Office worked with ouroffice to select appropriate cases for federal prosecution. Close to 40 cases wereselected for federal prosecution. Jahlil Thomas, one of the defendants featured in abillboard, was sentenced to 262 months which he is serving in Beaver, WestVirginia. Some state defendants received as much as 25 years.Mental Health Unit is Up and RunningOur Mental Health Unit, which was officially established in December of 2012, was2013 Annual Report of Essex County Prosecutor’s Office - Page 2

up in running in 2013. Training was provided to assistant prosecutors and policeofficers to assist them in identifying candidates for the program which diverts nonviolent offenders with a history of diagnosed mental illness such as schizophrenia toa treatment program as either an alternative to incarceration or combined withincarceration.New Victim Witness Website and VideoWe have continued our strong efforts to provide services to victims and witnesses.In 2013, we updated our website to provide a more comprehensive and userfriendly online presence to victims (at www.essexnjvictimwitness.org). In addition,we produced a video that walks crime victims and witnesses through the criminaljustice system. Both are intended to help victims navigate the sometimesintimidating and overwhelming process they face after being a victim or a witness.Among other things, both the website and the video explain the services available tovictims both from the Essex County Prosecutor’s Office and other agencies. It is aresource that victims can tap during non-business hours.Reaching the CommunityEngaging the public is also a major part of our mission. Every year we sponsor anumber of events aimed an educating the larger community in the work of the EssexCounty Prosecutor’s Office. Those programs range from an annual Black HistoryCelebration to our Clergy Academy, in which we teach members of the clergy andothers community leaders about the work of the prosecutor’s office.A big part of our outreach involves youngsters. In 2013, we continued our SummerInternship Program for high school students. We had several conferences to inspireand empower students to reach their goals, to learn about the resources available tothem and to warn them about the dangers of getting involved in criminal activity. InDecember we sponsored our 18th Annual World Against Violence Youth Conference.Some 300 students from Irvington, Orange, East Orange, Cedar Grove and Newarkattended the conference held at Caldwell College. Titled “Learning to Succeed toReach Your Goals!” the one-day program was designed to teach middle schoolstudents to make positive choices.2013 Annual Report of Essex County Prosecutor’s Office - Page 3

Message fromActing Chief of Detectives Anthony Ambroseetectives in the Essex County Prosecutor’sOffice are crucial to the successfulinvestigation and prosecution of majorcrimes, including homicides, sexual assaults and largescale narcotics cases. They are responsible forpreserving crime scenes, collecting evidence,interviewing suspects and witnesses, and establishingthe probable cause needed to make an arrest. Theyare held to extremely high standards because thesuccess and failure of prosecutions in many instancesdepends on the quality of their work.DThey are expected to work cooperatively with locallaw enforcement as well as state and federal law enforcement partners.In February 2013, detectives in the Essex County Prosecutor’s Office providedassistance to Attorney General Jeffrey Chiesa who held a two-day gun buybackprogram in Essex County. Detectives were responsible for securing the sites,collecting weapons that were turned in and making sure the weapons were safelytransported to sites for disposal. They were also responsible for handling the cashpaid to individuals who turned in guns. Individuals could receive up to 250 perweapon.Every February, we also pause to recognize Black History Month. Presented inconjunction with the northern New Jersey chapter of the National Organization ofBlack Law Enforcement Executives (NOBLE), the Black History celebration isdesigned to recognize the trailblazers and unsung heroes who make a difference inlaw enforcement, government and the religious community.In June and again in November we held a Citizen/Clergy Academy, a six-weekprogram to familiarize clergy and other community leaders with the day-to-dayoperations of the Essex County Prosecutor’s Office. Participants learn about all themajor work done by the Prosecutor’s Office from homicide investigations andprosecutors to financial crimes. As graduates of the program, they become ourambassadors to the community and gain practical information about the servicesprovided to victims and witnesses. The Academy is designed to prepare communityleaders to better serve others who interact with law enforcement.2013 Annual Report of Essex County Prosecutor’s Office - Page 4

This year the Essex County Prosecutor’s Office also assisted Hudson County with afour-day Hudson County Fugitive Safe Surrender program. The program allowscitizens with outstanding warrants for non-violent offenses to turn themselves in. Inexchange for voluntarily coming forward, they are given more favorable treatmentthan they would receive if they were arrested by law enforcement. The programallows thousands of people who have been living in the shadows to clear up theirrecords. It benefits law enforcement because officers are not being placed indangerous situation to apprehend individuals with outstanding warrants. Withjudges on site, individuals can resolve matters immediately.In 2013 the Essex County Prosecutor’s Office purchased an Automated FingerprintIdentification System to do fingerprinting in-house. At every major crime weinvestigate, the homicide response team now includes an intelligence officer and acommand post vehicle. Witnesses can give statements in the vehicle which serves asour office at the scene. Other new initiatives include an overdose investigations pilotprogram, the assignment of personnel to Essex County Correctional Facility and thecreation of the rank of Sergeant. In addition, in 2013 we also held a LawEnforcement and Education Summit at Essex County Hospital Center and a YouthPublic Safety Academy.2013 Annual Report of Essex County Prosecutor’s Office - Page 5

A Brief History ofthe Essex County Prosecutor’s Officen 1776, the State of New Jersey ratified its first Constitution (superseded bylater Constitutions in 1844 and 1947). Under this Constitution, the electedGovernor appointed an Attorney General to enforce the laws of the State. TheAttorney General in turn appointed deputies for the various counties, includingEssex, to enforce the criminal laws on behalf of the local populace. In 1822, the NewJersey General Assembly passed an act authorizing a more independent Prosecutorof Pleas for each county, to be appointed by the Court of Quarter Session once everyfive years. A few years later, the Governor was given the authority to appoint eachcounty’s Prosecutor of Pleas. On Feb. 20, 1829, Amzi Dodd became the firstgovernor-appointed Prosecutor of Pleas for Essex County. The earliest record of aprosecution by Prosecutor Dodd involves “a nuisance in suffering the water tostagnate and become offensive in the old burying ground” in Newark.IThe first Prosecutor of Pleas worked alone, but by 1877 the Prosecutor required thehelp of a First Assistant. As Essex County grew and matters became more complex,the Office grew in size. By 1922, Prosecutor John O. Bigelow employed 28 men,including three Assistant Prosecutors, two Detective Captains, two Lieutenants, andvarious Detectives and clerks. In the 1920s and 30’s, cases involving gambling,organized crime and official corruption were growing in number. In October of1935, the nationally-known organized crime figure Dutch Schultz was shot at thePalace Chop House in Newark. Although the prime suspect was found hanged soonafter the incident, the Office continued its investigation and identified Schultz’s realshooter who pled guilty to the murder in 1940.By 1945, the Office still had only three Assistant Prosecutors, despite a growingnumber of murder and gambling cases. In 1951, Prosecutor Edward Gaulkin gainedattention by successfully prosecuting four men charged with conspiracy, extortionand bribery in the Newark milk scandal case. In 1959, Governor Robert Meynernominated Brendan T. Byrne of West Orange as the 25th Prosecutor of EssexCounty. Prosecutor (and later Governor) Byrne served the Office until 1967. By1962, there were 16 Assistant Prosecutors, most of whom were part-timeemployees. Shortly thereafter, the first female Assistant Prosecutor, June Strelecki,was appointed. Also during Byrne’s tenure, the “Charlie Squad” was formed, a namecoined after members of the public were urged to report illegal gambling by calling adedicated phone number and asking for “Charlie.”In 1967, the City of Newark experienced a week-long civil disturbance, whichheralded long-term social and economic change in Essex County.These2013 Annual Report of Essex County Prosecutor’s Office - Page 6

transformations challenged future Prosecutors to respond to changing patterns andvolumes of crime with increased professionalism and dedication. By 1973, the legalstaff numbered 63 lawyers, all full-time. County Investigators replaced the formerDetectives, and were increasingly selected from the ranks of experienced localpolice officers. Under Prosecutor George Schneider (Prosecutor from 1981 to1986), the number of Assistant Prosecutors exceeded 100. Increasing resourceswere dedicated to special squads. The Homicide Squad was expanded and aNarcotics Section, which at first was a joint task force with the Sheriff’s Office, wascreated. Eventually specialized units were established in Child Abuse, Sex Assault,Arson, Domestic Violence, Megan’s Law and Gangs.In 1986, Governor Thomas Kean appointed the first African-American Prosecutor inEssex County (and only the second in the State), Herbert H. Tate, Jr.Computerization of the Office was begun and continued in stages throughout theterms of Prosecutor Tate and his successor, Prosecutor Clifford J. Minor. Also duringtheir terms, a sexual assault case was brought against a group of high school athletesfrom Glen Ridge, who in 1993 was convicted of victimizing a 17 year-old mentallyhandicapped woman. This case was the subject of a popular book, a TV movie, andan episode on the TV show “Law & Order.”In 1998, the first female Prosecutor, Patricia Hurt, was appointed by GovernorChristie Whitman. Prosecutor Hurt was followed by Acting Prosecutor DonaldCampolo and Acting Prosecutor Paula T. Dow. In the opening years of the 21stCentury, the Office responded aggressively to increased auto theft and expandedyouth gang activity. By 2003, it completed a second generation of computerizationcomplete with e-mail and Internet access and increased its outreach to the publicthrough its web site (www.njecpo.org), its Victim-Witness Advocacy Office, and itsCommunity Justice Program.In 2005, Governor Richard Codey swore Acting Prosecutor Dow to the Office ofEssex County Prosecutor. During Prosecutor Dow’s years of leadership, the EssexCounty Prosecutor’s Office responded aggressively to evolving challenges in the lawenforcement arena. The Office instituted vertical prosecution, increased itsresources and outreach to victims and witnesses, opened a state-of-the-art crimescene facility, and participated in a wide variety of cross-agency / cross-jurisdictioncollaborations including a state-federal anti-gang and narcotics task force, gun buyback programs, and a successful fugitive safe surrender program held in Newark inNovember, 2009. Prosecutor Dow also emphasized technology development, withthe Office updating its computer server infrastructure in 2009 and planning for theimplementation of an Office-wide, fully integrated electronic case and recordmanagement system.2013 Annual Report of Essex County Prosecutor’s Office - Page 7

In January, 2010, New Jersey Governor Chris Christie appointed Prosecutor Dow asActing Attorney General of the State of New Jersey. In her place, Chief AssistantProsecutor Robert D. Laurino, a 29 year ECPO veteran who gained publicrecognition in the trial and conviction of the high school athletes in Glen Ridge, wasappointed Acting Essex County Prosecutor. In February 2011, Gov. Christieappointed Carolyn A. Murray as Acting Essex County Prosecutor.As Acting Prosecutor she has made victims’ rights a high priority. In addition, theMental Health Unit was created during her tenure, providing new options toprosecutors and defense attorneys when dealing with offenders who have a historyof mental illness.The lawyers, detectives and support staff who report to him will continue the workof Amzi Dodd into the 21st Century, and are honored to be part of the Office of theEssex County Prosecutor.With thanks to Francis D. Falivena, Jr., Assistant Prosecutor, Retired, an ECPO history2013 Annual Report of Essex County Prosecutor’s Office - Page 8

2013Annual ReportUNIT DESCRIPTIONS2013 Annual Report of Essex County Prosecutor’s Office - Page 9

LEGAL UNITSAdult Trial SectionThe Adult Trial Section represents the State in the criminal proceedings that followthe filing of an indictable criminal complaint and/or arrest of a defendant. TrialAssistant Prosecutors present their cases to the Grand Jury and try those casesbefore a petit jury. These Trial Assistant Prosecutors are responsible for: bailreview and bail source hearings; arraignment/status conferences; plea negotiations;motions; extradition waiver hearings; status reviews of civil commitments incident tocriminal proceedings; jury and non-jury trials; sentencing hearings; hearings forprobation violations; interlocutory appeals; municipal court appeals; and petitions forpost-conviction relief.Trial Assistant Prosecutors and Detectives assigned to the Trial Section work inteams consisting of three Prosecutors and two Detectives for each of the criminaltrial courts in Essex County. The Trial Assistant Prosecutors work closely with theirassigned Detectives who interview witnesses, prepare reports, take statements,schedule witness interviews, visit crime scenes, take photographs, locate evidenceand reports from municipal police departments, serve subpoenas and take any otheradditional investigative steps as required.Since 2004, the prosecution system for criminal cases has followed the “vertical”model which means each Trial Assistant Prosecutor handles each case from preindictment preparation through the Grand Jury process and remains primarilyresponsible for subsequent plea negotiations, trial presentation and sentencing.This process of having the same Trial Assistant Prosecutor and Detective continuewith a case encourages efficiency, enhances accountability and permits a betterresponse to victims and witnesses.2013 AccomplishmentsThe Adult Trial Section continued to handle the largest and most serious caseload inthe State. Essex County leads the State in the number of criminal filings andhandles a higher-than-average proportion of first- and second-degree offenses. Allfirst- and second-degree crimes of violence require mandatory periods of paroleineligibility, making disposition of these offenses more difficult.In 2013, the Essex County Prosecutor’s Office successfully indicted or charged byaccusations 4,982 defendants and resolved the cause of 5,998 defendantspreviously indicted or charged by accusation; 46% percent of those cases involvedfirst- or second-degree charges.In conjunction with the special crime squads, the Trial Section obtained 123defendant dispositions by trial in 2013; the overall post-indictment/accusationconviction rate including pleas and trial was 62 percent.2013 Annual Report of Essex County Prosecutor’s Office - Page 10

LEGAL UNITSThe Trial Section will continue its emphasis on mentorship and training for its TrialAssistant Prosecutors. The Unit also will further its coordination with all elements ofthe investigation process, especially given the increasing levels of distrust andhesitancy to cooperate on the part of victims and witnesses stemming fromintimidation and threats of violence from organized street crime elements. Increasedand more effective use of forensic evidence is also a priority for the Trial Section toensure that justice is achieved in Essex County.2013 Annual Report of Essex County Prosecutor’s Office - Page 11

LEGAL UNITSAppellate SectionThe Appellate Section of the Essex County Prosecutor’s Office (ECPO) is the largestappellate practice of the 21 counties’ prosecutor’s offices in the State. The Sectionroutinely initiates its own appeals from adverse pre-trial and post-trial rulings, oftenresulting in the successful re-instatement of prosecutions that were effectivelyterminated by adverse rulings. It also assists the Office’s trial staff in handling someof the more difficult trial motions, providing legal updates and case summaries andby distributing memoranda on significant legal issues. Additionally, the Sectionmaintains a network brief bank that is available to the entire staff via the EssexCounty Prosecutor’s Office’s computer network.The ECPO’s past practice was to include Appellate in assistant prosecutors’ generalOffice rotation leading to a trial slot. Currently all attorneys assigned to the Sectionare career appellate lawyers. Consequently, the quality of work produced by theSection is increasingly high. Senior appellate attorneys supervise junior staffmembers, ensuring outstanding work and uniformity in legal positions taken in theSection. Every Supreme Court brief is read by at least two supervisors, and a mootcourt is conducted for arguments in the Supreme Court, the federal Court of Appealsfor the Third Circuit and for every significant argument in the state’s AppellateDivision.Key Section Operations Trial Attorney Input – Trial attorneys are notified when their cases are onappeal. The trial attorneys are given copies of defendants’ briefs and areencouraged to speak with the Appellate attorney who is assigned to theparticular case. Trial Briefs/Legal Resource – Appellate Section attorneys are increasinglyinvolved in drafting briefs and on occasion appearing at oral argument onnovel or complex issues and providing legal opinions to assistant prosecutorsassigned to trial and investigative sections. Maintenance of the Brief Bank – The Section maintains an updated NetworkBrief Bank for the Essex County Prosecutor’s Office staff. Petitions for Post-Conviction and Habeas Corpus Relief – The Sectioncoordinates all petitions for post-conviction relief. It has also obtaineddismissals or denials in a majority of petitions for habeas corpus relief filed inthe District Court. Municipal Appeals – The Section coordinates all municipal appeals filed withthe Law Division and for which appearance by the Office is required.2013 Annual Report of Essex County Prosecutor’s Office - Page 12

LEGAL UNITS Review of Gun Permit, Reciprocal and Name Change Applications – TheAppellate Section also reviews gun permit applications and represents theState in gun permit hearings.It also handles Reciprocal Witnessesapplications and requests for telephone records under N.J.S.A. 2A:81-19.The Section also responds to applications for name changes. Internship Program – During the academic year and over the summer, internsfrom national colleges and law schools participate in an active internshipprogram offered by the Appellate Section. Interns are assigned to unitsthroughout the office and third year law students are allowed to appear incourt. Continuing Legal Education – Training has long been a professionalrequirement for members of the Essex County Prosecutor’s Office. With theadoption and implementation of mandatory continuing legal education by theSupreme Court, attorneys participate in training sessions

2013 Annual Report of Essex County Prosecutor's Office Executive Staff Left to right, first row: Acting Essex County Prosecutor Carolyn A. Murray, New Jersey Attorney General Jeffery S. Chiesa, First Assistant Prosecutor Robert D. Laurino. Second row: Chief Assistant Prosecutor Keith Harvest, Public Information Officer

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