Timothy Iberer Status Conference
August 22, 2008: Today, during a status conference held before the Honorable Salem Vincent Ahto, John Velez, Esq., attorney for the defendant, Bloomingdale resident Timothy Iberer, age 27, advised that he is in the process of possibly obtaining an expert for their case.
A pre trial conference is scheduled for September 12, 2008. The prosecution wishes to move this case to a speedy resolution so that the victim and family can begin the healing process.
Prosecutor Bianchi stated "The family is dealing with a very difficult situation through no fault of their own. They are a decent family and good parents and we would hope that the community will continue to support them during this difficult time."
Iberer was previously indicted on:
one count of First Degree Aggravated Sexual Assault
one count of Second Degree Attempted Aggravated Sexual Assault
one count of Second Degree Sexual Assault
one count of Second Degree Attempted Sexual Assault
two counts of Second Degree Burglary
one count of Third Degree Burglary
two counts of Third Degree Endangering the Welfare of a Child
The charges stem from three separate incidents which allegedly occurred at a residence in Pequannock between August 1, 2007 and September 10, 2007. At approximately 3:00 am on September 10, 2007, a resident of the home found an individual, believed to be the defendant, in the victim's bedroom. The individual then allegedly jumped out of the window and fled. The victim, a child under the age of 13, later disclosed that the individual had been in the room on three occasions, including the morning of September 10, 2007. On one occasion he is alleged to have sexually assaulted the victim. The defendant allegedly gained access to the bedroom by cutting both corners of a screen leading to the first floor bedroom window. The defendant was arrested on September 21, 2007 in Bloomingdale, New Jersey.
The matter was jointly investigated by the Morris County Prosecutor's Office, Morris County Sheriff's Office, Pequannock Township Police Department, and the New Jersey State Police.
The defendant is currently lodged in the Morris County Correctional facility in lieu of $1,000,000.00 bail.
If convicted of the above charges, the defendant faces a potential custodial sentence of approximately 40 years, subject to the No Early Release Act, Parole Supervision for Life and Megan's Law.
Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.
Media Contact: Agent Robyn D'Onofrio
Charges Against Madison Court Administrator
August 22, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Morris County Prosecutor's Office Deputy Chief of Investigations William Schievella, and Madison Borough Acting Chief of Police John Trevena announce the charging of Madison resident Denis P. Murray., age 65. Murray was charged on a summons complaint with:
One count of Second Degree Official Misconduct
One count of Third Degree Theft by Deception
One count of Fourth Degree Tampering with Records
The charges were the result of an investigation conducted by Detective James Haspel of the Madison Police Department and Detective Daniel Henderson of the Morris County Prosecutor's Office Professional Standards Unit.
On February 19, 2008, the Morris County Prosecutor's Office Professional Standards Unit and the Madison Borough Police Department became aware of alleged irregularities and the alleged misappropriation of funds by Denis Murray, the Court Administrator for Madison Borough Municipal Court.
The initial phase of the investigation revealed that Murray misappropriated borough funds for his personal benefit from September 2006 until April of 2008 in an amount exceeding $2,580.00.
The charges are the result of a continuing investigation conducted by the Morris County Prosecutor's Office Professional Standards Unit and the Madison Borough Police Department.
Mr. Murray was served with a complaint summons and was released.
Prosecutor Bianchi stated that "The arrest of Mr. Murray was the result of the quick action of the Madison Police Department the Morris County Prosecutor's Office Professional Standards Unit and other officials within the Borough of Madison. This arrest is a reflection of the commitment of the Morris County Prosecutor's Office and Madison Police Department's zero tolerance for officials who abuse the hard earned taxpayers' dollars and abuse the public trust."
The investigation is ongoing and Prosecutor Bianchi is asking anyone that may have information pertaining to this allegation to contact the Morris County Prosecutor's Office at (973) 285-6200 or the Madison Borough Police Department at (973) 593-3000.
Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.
Media Contact: Agent Robyn D'Onofrio
DWI Checkpoints in Hanover Township
August 21, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Deputy Chief of Investigations William Schievella, and Hanover Township Chief of Police Stephen Gallagher announce the implementation of additional safety and sobriety checkpoints in Hanover Township over the weekend. The checkpoints will be staffed by members of the Morris County Prosecutor's Office and the Hanover Township Police Department.
This initiative is being funded through a grant from the New Jersey Division of Highway Traffic Safety. It is anticipated that these checkpoints will continue throughout 2008.
Media Contact: Agent Robyn D'Onofrio
Additional Details - Fatal Fire in Florham Park
August 20, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Deputy Chief of Investigations William Schievella, and Florham Park Chief of Police Patrick Montuore announce additional details regarding the investigation into a fatal fire which occurred at 45 Mann Avenue in Florham Park.
At 4:21 am today, a 911 call was placed to the Florham Park Police Department by a neighbor who reported seeing fire in the rear of the residence located at 45 Mann Avenue. This prompted a response by the Florham Park Police Department, Florham Park Fire Department, Florham Park First Aid Squad, Madison Fire Department, East Hanover Fire Department, Chatham Borough Fire Department, Red Cross, Morris County Prosecutor's Office Major Crimes Unit, Morris County Prosecutor's Office Arson Unit, and the Morris County Sheriff's Office Criminal Investigations Section.
The investigation revealed that at the time of the fire, the residence was occupied by a father, mother, daughter and daughter's friend.
The victim has been identified as 52 year old Robert Juliano. The mother, age 47, a daughter, age 19, and daughter's friend, age 18, were able to escape via a second floor window in the front of the residence and are currently being treated at area hospitals.
The Morris County Prosecutor's Office Arson Unit determined that the fire originated at the rear deck, ultimately spreading to the vinyl siding and the entire structure. At this point in the investigation, there is no indication that this was an intentionally set fire.
The Morris County Prosecutor's Office Arson Unit, Morris County Sheriff's Office Criminal Investigations Section and the Florham Park Police Department have been working together throughout the day in their investigation.
Media Contact: Agent Robyn D'Onofrio
Fatal Fire Investigation in Florham Park
August 20, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Deputy Chief of Investigations William Schievella, and Florham Park Chief of Police Patrick Montuore announce the investigation into a fatal fire which occurred at 45 Mann Avenue in Florham Park.
At 4:21 am today, a 911 call was placed to the Florham Park Police Department by a neighbor who reported seeing fire in the rear of the residence located at 45 Mann Avenue. This prompted a response by the Florham Park Police Department, Florham Park Fire Department, Florham Park First Aid Squad, Madison Fire Department, East Hanover Fire Department, Red Cross, Morris County Prosecutor's Office Major Crimes Unit, Morris County Prosecutor's Office Arson Unit, and the Morris County Sheriff's Office Criminal Investigations Section.
The investigation revealed that at the time of the fire, the residence was occupied by a father, mother, daughter and daughter's friend. The mother, daughter and daughter's friend were able to escape via a second floor window in the front of the residence and are currently being treated at area hospitals.
The residence was severely damaged. The Morris County Prosecutor's Office Arson Unit, Morris County Sheriff's Office Criminal Investigations Section and the Florham Park Police Department will be working together throughout the day to determine the cause and origin of the fire. The age and identity of the male victim is not being released at this point pending identification by the Morris County Medical Examiner and next of kin notification.
Media Contact: Agent Robyn D'Onofrio
Investigation into Reports of Shots Fired in Dover
August 14, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Deputy Chief of Investigations William Schievella and Dover Chief of Police Harold Valentine announce the investigation into reports of shots fired.
Today, at approximately 11:57 am, Dover Police began receiving 911 calls reporting shots fired in the area of Prospect Street in the Town of Dover.
The investigation is ongoing in cooperation with the Morris County Prosecutor's Office, New Jersey State Police, Morris County Sheriff's Office, and the Dover Police Department.
If anyone has any further information they are encouraged to contact the Morris County Prosecutor's Office at 973-285-6200, the Dover Police Department at 973-366-0302 or the Morris County Sheriff's Office CrimeStoppers Program at 973-COP-CALL (973-267-2255).
Media Contact: Agent Robyn D'Onofrio
Morristown Resident Charged with First Degree Murder
August 12, 2008: Today, a Morris County Grand Jury returned an indictment charging Kleber Cordova, age 29, of Morristown, with
One Count of First Degree Murder
The charges stem from an incident that occurred on May 9, 2008. At approximately 7:19 am, a 911 call was placed by the defendant requesting medical assistance for his wife who was located at their residence located at 85 Western Avenue in Morristown. Responding officers found the victim submerged in a bathtub, face up, with her head positioned under the faucet. The victim was pulled from the tub by the first responding Morristown Police Officers. CPR was performed by Morristown Police, Morristown Ambulance Squad and the victim was treated by paramedics as well. She was ultimately transported to Morristown Memorial Hospital for treatment.
Subsequent investigation revealed that the defendant had an argument with the victim and a struggle ensued where the defendant held the victim's head under water for several minutes until she stopped struggling.
Prosecutor Bianchi stated "This indictment is indicative of this administration's desire to move cases quickly to Grand Jury and to trial."
The defendant continues to be lodged in the Morris County Correctional Facility in lieu of $1,000,000.00 bail.
A detainer from Immigrations and Customs Enforcement (ICE) has also been lodged.
If convicted of all charges, Cordova faces a maximum potential custodial sentence of life imprisonment in New Jersey State Prison.
This investigation is ongoing. Anyone with information about this investigation is asked to contact the Morris County Prosecutor's Office at 973-285-6200, the Morristown Police Department at 973-538-2200 or the Morris County Sheriff's CrimeStoppers Program at 973-COP-CALL (973) 267-2255.
Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.
This case is being handled by Assistant Prosecutor Leslie Wade, Esq. Cordova is represented by James Orlando, Esq.
Media Contact: Agent Robyn D'Onofrio
Motion Filed to Request Special Grand Jury in Denville Shooting Case
August 11, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., First Assistant Prosecutor Thomas A. Zelante, Esq., and Deputy Chief of Investigations William Schievella announce the update into the events that led to the shooting death of Ruben Walter Martinez, age 21, who was shot by Denville Township Police Officer Richard Byrne on June 26, 2008.
The comprehensive and exhaustive investigation is moving to the next stage. Prosecutor Bianchi has decided to present the facts of this case to the Grand Jury.
Prosecutor Bianchi stated, "I want to make it perfectly clear that our decision to move this case to the Grand Jury phase in no way is to be taken as an indication that the Morris County Prosecutor's Office believes that a crime has been committed by the police officers. This action is simply taken pursuant to the Attorney General guidelines for police related shootings where a death has occurred. The video in this case captured much of the situation, but not every detail. We are obligated under those rules to either prepare a report to the Attorney General or present the matter to a Grand Jury. In this case, for complete integrity of this investigation, I am doing both. This ensures the maximum amount of checks and balances possible under the law.
I feel that for purposes of being complete and thorough that it is important to the Martinez family, Officer Byrne and his family, members of the Denville Township Police Department, and the public, that citizens of the county constituted in the form of a Grand Jury have the opportunity to pass upon all of the evidence, be able to call and question any witness that they see fit, subpoena any document or person to testify, and to pass upon the exhaustive evidence gathered.
In this way, regardless of the outcome, there can be complete confidence in the manner in which this investigation was handled.
Earlier today, I filed a motion requesting the empanelment of a special Grand Jury who can sit on consecutive days until this matter is concluded. A Grand Jury that sits only one day a week is a tremendous strain to all involved in this matter, and that will delay greatly the release of the full investigation to the public. It is my desire to conclude this matter and release the details of the investigation as soon as is practically possible. This motion is filed to achieve that result.
I am very sensitive to the public's right to know what happened here. Everyone must understand, however, that it is a violation of the Rules of Professional Conduct for attorneys and prosecutors to publically comment upon facts of a matter during an investigation or pendency of a court related matter, other than those matters that are contained in court documents, and on the record comments made during court proceedings.
Proceeding before the Grand Jury is a true and tried way to ensure that the matter is fully and fairly presented to the court and to ensure that the unbiased truth is the guiding principal.
In any event, I will publicly divulge the full set of facts at a time permitted by law. To release the video or any investigative facts sooner is an egregious violation of the ethics rules.
Investigations of this type take time if they are to be done correctly. The Morris County Prosecutor's Office legal and investigative team has been working very hard on this matter and have kept all interested parties fully apprised of the progress of the investigation. The public respectfully must understand that we will proceed in a calm and deliberate fashion and not be influenced to prematurely act or speak of the facts when it is legally inappropriate to do so.
My guiding principal is a full and fair investigation and presentation of the evidence, so that the truth is ascertained, and not to be rushed to judgment where sloppiness and other negative influences have the capacity to affect our attempts to ascertain the truth."
Media Contact: Agent Robyn D'Onofrio
Morristown Resident Charged with Attempted Murder, Eluding
August 7, 2008: Morris County Prosecutor Robert A. Bianchi, Esq., Deputy Chief of Investigations William Schievella and Morristown Chief of Police Peter Demnitz announce the arrest of Fedele (Fred) J. Goduto, Jr., age 63, of Morristown. Goduto was charged with:
One Count of First Degree Attempted Murder
One Count of Second Degree Eluding
Three Counts of Third Degree Aggravated Assault on a Police Officer
Three Counts of Second Degree Aggravated Assault During an Eluding
One Count of Third Degree Possession of CDS
One Count of Third Degree Possession of CDS with the Intent to Distribute
Bail was set by the Honorable Thomas Manahan, P.J.Cr. at $250,000.00.
On August 6, 2008, at approximately 12:08 pm, Morristown Police Detectives Thomas Loia and Robert Gibbons were on Speedwell Avenue in the area of Henry Street when they observed the defendant, Fedele (Fred) J. Goduto, Jr., engaged in an alleged drug sale to another individual. At the time of the observation, Goduto was operating a 1991 BMW. Immediately following the alleged drug sale, Cheryl Ogden was taken into custody by Detective Tyrone Jackson after she exited Goduto's vehicle. Ogden, age 41, of Morristown, was charged with Third Degree Possession of CDS Heroin.
The suspect vehicle turned north on to Speedwell Avenue after it turned from Walker Avenue. As Ptl. Weaver activated his overhead lights and siren in an attempt to make a motor vehicle stop, the vehicle slowed down in the curb lane of Speedwell Avenue, near Pocahontas Park, and it appeared as though the defendant would stop.
However, the defendant suddenly accelerated the vehicle and sped north on Speedwell Avenue. MPD Ptl. Bruce Summers, in a marked MPD vehicle, provided backup to Ptl. Weaver as they pursued the BMW into Morris Township and into Morris Plains.
The defendant was operating his vehicle at a high rate of speed and led officers on a pursuit from Speedwell Avenue to Morris Township's Mill Road, Burnham Road and then across West Hanover Avenue into Morris Plains. The defendant then made a right turn on to Grannis Avenue back toward the center of Morris Plains. He then turned right on to Franklin Avenue, across from the Morris Plains Train Station, and made another right on to Mountain Way heading north.
The pursuit then continued across Grannis Avenue, through a construction zone, up Mountain Way to Tower Hill Road where the suspect vehicle turned right. The street is marked with a "No Outlet" sign and, in fact, Tower Hill Road is a cul-de-sac. The defendant continued into the cul-de-sac and he appeared to be surrounded by the pursuing MPD vehicles without any room to maneuver or escape.
The BMW appeared to have no where to go but the vehicle suddenly went up and over a curb to evade patrols. Morristown Detective Thomas Loia had gotten out of Det. Sgt. Buckley's vehicle to assist in the arrest of the defendant when suddenly and without warning, he accelerated the BMW and headed for Det. Loia.
Det. Loia had to jump over an embankment to avoid being struck by the accelerating vehicle. Unknown to Det. Loia at the time, was that the embankment was actually a large boulder with a drop of about fifteen feet onto a lawn on Tower Hill Road. As a result of the fall, Det. Loia sustained a fractured right fibula.
The BMW, still being operated by the defendant, was struck on the passenger side by the front of Morristown Police Sgt. Holtz' marked unit as it sped toward Det. Loia. This action prevented the BMW from striking MPD Det. Loia. In total, the suspect's vehicle, four Morristown Police vehicles, and a pickup truck that had been operated by Det. Gibbons all sustained damage.
Det. Sgt, Buckley was treated and released at Morristown Memorial Hospital for a leg injury. MPD Det. Gibbons was treated and released at MMH for a sprained shoulder and MPD Det. Loia was treated and released at MMH for a fractured leg.
Several glassine packets, containing suspected heroin, were found in the vehicle.
Prosecutor Bianchi stated, "This underscores the dangers confronted by our brave police officers on a daily basis, especially when confronted by drivers who refuse to obey lawful orders of the police when ordered to stop their motor vehicles. I am happy that the injuries sustained by these officers were not life threatening."
The investigation is ongoing in cooperation with the Morris County Prosecutor's Office, Morris County Sheriff's Office, Morristown Police Department and Morris Plains Police Department.
If anyone has any further information they are encouraged to contact the Morris County Prosecutor's Office at 973-285-6200, the Morristown Police Department at 973-538-2200 or the Morris County Sheriff's Office CrimeStoppers Program at 973-COP-CALL (973-267-2255).
Media Contact: Agent Robyn D'Onofrio
Randolph Resident Sentenced for Computer and Identity Theft
August 1, 2008: Randolph resident Jessica Nieves, 33 years old, was sentenced by the Honorable John B. Danger, J.S.C. to 7 years in New Jersey State Prison for Computer and Identity Theft.
The defendant, a branch manager at Wachovia Bank in Morristown, previously pled guilty and admitted that between January of 2007 and October of 2007 she transferred funds from customer accounts to her own personal accounts. The transfers totaled $97,481.39. At the time of sentencing, the defendant had paid back restitution in the amount of $53,500.00 leaving $43,981.39 that she remains responsible for repaying.
These charges came to light on July 3, 2007 when Morristown Police received a complaint from a customer of Wachovia Bank indicating that someone tried to access their $75,000.00 line of credit. A subsequent investigation by the Morris County Prosecutor's Office, Morristown Police Department and Wachovia Bank's security analysts revealed that the defendant was responsible for these transfers.
This case was prosecuted by Assistant Prosecutor Joseph J. D'Onofrio, Jr., Esq. The defendant is represented by James Porfido, Esq.
Media Contact: Agent Robyn D'Onofrio
Hackensack Resident Charged with Sexual Assault
August 1, 2008: Morris County Prosecutor Robert A. Bianchi, Esq, Deputy Chief of Investigations William Schievella, and Lincoln Park Chief of Police Sean P. Canning announce additional charges against Carlos A. Merchant, age 58, of Hackensack. This afternoon, he was charged with:
One count of Second Degree Sexual Assault
One count of Third Degree Endangering the Welfare of a Child
The matter is currently being investigated by the Morris County Prosecutor's Office and the Lincoln Park Police Department. An arrest affidavit detailing the allegations has been filed with the Court.
If anyone has any further information they are encouraged to contact the Morris County Prosecutor's Office at 973-285-6200, the Lincoln Park Police Department at 973-694-5533 or the Morris County Sheriff's Office CrimeStoppers Program at 973-COP-CALL (973-267-2255).
Despite these pending charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a jury trial at which the defendant has all of his rights guaranteed by the U.S. and New Jersey Constitutions and relevant state law.
Media Contact: Agent Robyn D'Onofrio

