Morris County Prosecutors Ready for Zarate Trial

October 30, 2008: The Morris County Prosecutor's Office has secured four murder convictions since March and is seeking a fifth as the Jonathan Zarate case goes to trial in just two weeks after their last homicide win.

On Monday, prosecutors landed their fourth conviction as a jury of five men and seven women convicted 43-year-old Porfirio Saravia Jimenez for the May 2001 murder of 10-year-old Walter Enrique Contreras Valenzuela in Morristown. The verdict was announced after nine hours and 35 minutes of deliberations following nine days of testimony and one day of closings before Superior Court Judge Salem Vincent Ahto.

The counts include first degree murder, felony murder, kidnapping, attempted aggravated sexual assault and possession of a weapon for an unlawful purpose. When he is sentenced on Nov. 21, he is facing life in prison without the possibility of parole.

Following the verdict, Prosecutor Robert Bianchi said, "This guilty verdict was a long time coming - some seven years, five months and five days since the body of 10-year-old Walter was discovered on the banks of the Whippany River.

"Now Porfirio Jimenez faces life in prison for a senseless, unimaginable and violent crime that devastated a hardworking family and the Morris County community.

"I want to add a special thanks to Morristown Police Chief Peter Demnitz, the Morristown Police Department, the county sheriff's staff, members of the my office's general investigations and major crimes units and my office's victim witness unit for working tirelessly to help the family cope with the death of their little boy."

The case began when Walter failed to return home on May 20, 2001. Two days later, his body was discovered in a wooded area off Cory Road in Morristown. After an intensive investigation, the defendant was linked to the crime through DNA evidence located at the crime scene.

"This verdict was the end result of skillful police work and evidence gathering and a thorough and moving presentation of the case to a jury by Supervising Assistant Prosecutors John McNamara and Maggie Calderwood. McNamara and Calderwood performed phenomenally and with the highest degree of professional excellence," he said.

In March, a jury listened to Executive Assistant Prosecutor Robert Lane try the James Howard Vaughan case before convicting Vaughan, 56, for the murder of Maxine McCaden in Morristown. He was later sentenced by Ahto to life in prison without the possibility of parole.

In April, McNamara and Assistant Prosecutor Tia Manochio secured the conviction of George Melendez in the October 2003 death of his estranged wife, Barbara, who was found shot to death in her minivan at the Rockaway Townsquare Mall. Melendez was sentenced in May to life in prison and must serve 85 percent of his sentence before he is eligible for parole.

Three months later, McNamara and Assistant Prosecutor Peter Foy listened to a jury convict Omar Shaheer Thomas in the double homicide that took place at the FuncoLand video game store in Roxbury in December of 2002. He was later sentenced to life in prison.

Next up is the Zarate case. Jonathan Zarate is accused of killing and dismembering a 16-year-old Randolph girl in July 2005, next door neighbor Jennifer Parks. Zarate's younger brother, James, joined in the attack and assisted in the aftermath. The brothers will be tried separately, with the older brother's trial set for Nov. 10.

Bianchi noted, "This office will not slow down from our commitment to the community and victims' families to treat every case as aggressively as we can within the parameters of the law. We will move on to our next one, as our staff is constantly preparing for these serious cases, so that we can hopefully sustain convictions as quickly as the system will allow. When the bell rings, we are there to answer the call, prepared to do what is legally required to prevail for our victims."

October 28, 2008: A Morris County Grand Jury returned a seven count indictment charging Wharton resident Charles Wallace, age 51, with:

One Count of Second Degree Aggravated Arson
One Count of Second Degree Attempt to Commit Aggravated Arson
One Count of Second Degree Burglary
One Count of Third Degree Criminal Mischief
One Count of Fourth Degree Criminal Mischief
One Count of Third Degree Possession of a Weapon for Unlawful Purposes
One Count of Fourth Degree Unlawful Possession of a Weapon

The charges stem from an incident which occurred on June 25, 2008. At approximately 1:08 am, Denville Township Police responded to a residence on Corey Road on a report of a suspicious male that had damaged the property of the homeowner. Upon arrival, Denville Police discovered a vehicle with a front passenger tire punctured and an odor of gasoline. A further investigation revealed numerous items of evidentiary value that were gathered from the scene.

This matter was jointly investigated by the Morris County Prosecutor's Office Arson Unit, the Morris County Sheriff's Office Criminal Investigations Section and the Denville Township Police Department.

If convicted of all charges, Wallace faces a maximum potential custodial sentence of approximately 25 years in New Jersey State Prison.

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 Bradford Seabury, Esq.

Media Contact: Agent Robyn D'Onofrio

October 27, 2008: The Morris County Prosecutor's Office has added an assistant prosecutor to the roster, hiring a 30-year-old Somerset County native for the job.

Amy Knutsen, who has been working as a law clerk in the office since July, was promoted to her new post Friday, when Superior Court Judge Thomas Manahan presided over the swearing-in ceremony and noted Knutsen's work ethic in his courtroom.

Knutsen, who is married, noted she has long wanted to work for the prosecutor's office, "I was bit by the bug a couple of years ago, when I was a law clerk in Orange County, California and actually had the opportunity to argue cases in court. I knew that this is what I wanted to do."

Prosecutor Robert Bianchi said Knutsen is "intelligent, extremely pleasant and hardworking. She sacrificed a career in private practice to take a chance that she'd get promoted from a law clerk to an assistant prosecutor. That tells me she has a lot of heart."

Media Contact: Agent William Swayze

October 21, 2008: A Morris County Grand Jury returned a forty count indictment charging James Nalbone, age 42, of Riverdale, with:

Eight counts of First Degree Aggravated Sexual Assault
Eight counts of Second Degree Sexual Assault
Eight counts of Third Degree Aggravated Criminal Sexual Contact
Eight counts of Fourth Degree Criminal Sexual Contact
Eight Counts of Third Degree Endangering the Welfare of a Child

The charges stem from separate incidents that were sexual in nature which allegedly occurred at various locations in Morris County between July 1, 2007 and October 31, 2007.

This matter was jointly investigated by the Morris County Prosecutor's Office, Morris County Sheriff's Office, Riverdale Police Department, and the Sussex County Prosecutor's Office.

Prosecutor Bianchi stated "This office continues to aggressively arrest and prosecute cases where persons abuse and harm our children. This indictment is an expression of that philosophy and we shall continue to prosecute this matter with vigor, until its conclusion."

If convicted of the above charges, the defendant faces a potential custodial sentence of approximately 30 years in New Jersey State Prison with 85% to be served before he is eligible for parole. The defendant would also be subject to 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.

This case is being handled by Assistant Prosecutor LaJuan Tucker, Esq. The defendant is represented by Gary Thompson, Esq.

The investigation is continuing and anyone with information is encouraged to contact the Morris County Prosecutor's Office at 973-285-6200 or the Morris County Sheriff's Office CrimeStoppers Program at 973-COP-CALL (973-267-2255).

Media Contact: Agent Robyn D'Onofrio

October 9, 2008: Prosecutor Robert A. Bianchi, Esq. stated:

"I am here today to announce the Grand Jury's findings and provide you with an investigative overview regarding the events that led to the shooting death of Ruben Walter Martinez of Dover, New Jersey, by Denville Township Police Officer Richard Byrne, on Thursday June 26, 2008.

First and foremost, I want to again extend my condolences to the Martinez family for the loss of a loved one who, regardless of whatever legal happenings occur, will forever be impacted by this tragic situation.

I want to thank the Martinez family attorneys Mr. Darryl Saunders Esq. and Scott Leonard, Esq. with whom we have actively consulted during this investigation, Chief Christopher Wagner and members of the Denville Township Police Department, the community, and the media for their patience while this incident has been under investigation.

At the outset, I realize that in a case of this nature there are no winners or persons who can claim victory. The fact is that a tragic loss of life has occurred and for that there is no turning back or replays allowed. I also realize that regardless of the outcome of this proceeding, there will be those who will agree with the results and those who do not. That is to be expected.

I wish to express my sentiments about the manner with which this matter has proceeded. From the outset, I assured all parties with competing interests that this Office would be deaf to the chants and clamor of any party that attempted to place pressure upon this Office to be swayed one way or the other. I promised that we would fairly, dispassionately and deliberately gather, analyze and prepare this matter with one guiding principle, and that is to determine the truth in an impartial manner and to follow the law undauntingly without any partisan interest whatsoever. We have done just that.

A case of this nature is never easy, especially for a prosecutor's office. We very well realize that in the balance is the loss of life of another human being, as well as the possibility that if the shooting were unjustified, that an officer would face charges that could place him in jail for the rest of his life. I had instructed my staff to allow such weighty matters to be resolved by simply doing the best that they could to determine the facts, and to be concerned only with getting to the truth and to not be persuaded by sympathy, prejudice and/or bias for any partisan interest. I thank my clerical, investigative and attorney staff for a job well done in an admittedly difficult situation. They acted admirably, tirelessly, and unflinchingly and I am proud of what they have done. A special thanks go to my detectives in the Major crimes Unit, lead by Lieutenant Steve Wilson and Case Detective Robert McNally, as well as, Major Crimes Supervising attorney Les Wade, Executive Assistant Prosecutor Robert Lane and Deputy First Assistant Prosecutor Joseph Connor all of whom presented this case to the Grand Jury. These career prosecutors, recognized in the legal community for their skill and ethics and who represent the best legal staff that this office has to offer. All worked together in a team effort that was quite impressive, professional and exhaustive. They took their roles in this matter very seriously and allowed the facts to be their only guide on how to proceed. I put our best team together as this case deserved nothing less.

The circumstances of this matter were as extremely tragic as the life of a young man was ended. But, despite this tragedy, the legal principles are fairly straight forward. The only question to resolve is whether given all of the circumstances of this encounter, the deadly force employed by Officer Byrne was justifiable defense of himself or others from imminent risk of serious bodily injury or death. If it is accepted that Officer Byrne or members of the community were in danger of such injury or death, than he was justified in using deadly force to eliminate that risk.

After hearing from witnesses and considering the evidence, the Special Grand Jury, consisting of 23 men and women, empanelled by the Morris County Assignment Judge for the sole purpose of hearing this matter, voted not to indict Officer Byrne for any violation of the New Jersey criminal code. They acted, not as an arm of the prosecutor's office, but as an independent investigative body. Their proceedings are by law secret and may not be disclosed, except their ultimate findings.

Until today, the limited release of information to the media and public has allowed the Morris County Prosecutor's Office to conduct a thorough, independent and objective investigation.

We had an obligation to ensure that the facts and circumstances of the event were secured without the possibility that witnesses were affected by the premature release of information that was unverified, or had the potential to compromise our ability to obtain the sworn statements of the witnesses, or have a Grand Jury that could be tainted by formulating premature conclusions that are based upon incomplete facts.

This would have been a disservice to Mr. Martinez and his family, as well as Officer Byrne and his family; all of whom were entitled to an investigation that was untainted, accurate and fair.

I have stated on numerous occasions throughout this investigation that I would not rush to judgment until all of the facts available were gathered and analyzed. This is the hallmark of handling the matter in a way that ensured that we did not jump to conclusions on partial and possibly inaccurate data.

I have personally handled the oversight of this matter since its inception and have been involved in the legal oversight of this matter to the Grand Jury as well.

I realize that I have a duty to the community to share all the facts and circumstances surrounding the death of Mr. Martinez and I am prepared to do that today.

As I stated earlier, after a comprehensive review of this case, the Grand Jury decided not to indict for any violation of the criminal code.

The investigation and legal analysis were broken down into five distinct areas of consideration:

1. The facts of the shooting.

2. Evaluation of the scene and all related facts and evidence.

3. The law on use of force and the Attorney General guidelines.

4. A review of Denville police records.

5. Forensic evaluations of experts.

Here is what our investigation revealed:

On Thursday June 26, 2008 at approximately 2:14 am, Officer Richard Byrne of the Denville Township Police Department was on duty, assigned to District 1, which covers Route 46 in the Township of Denville.

Officer Daniel Fernandez was on duty, assigned to District 2, which covers Route 10 in Denville Township.

Officer Byrne and Officer Daniel Fernandez were both located at Denville Township Police Headquarters, when a third officer, (Officer Tobin) provided information over his police radio reporting a vehicle, which was later determined to be operated by Mr. Martinez, was traveling north at 57 mph on Franklin Road. Franklin Road is a 25 mph zone.

Officer Byrne exited police headquarters onto Savage Road and approached the intersection of Route 46 and Franklin Road.

Most of this incident was captured on the 2 officers' Motor Vehicle Data Recorders(MVR). Those recordings showed that Officer Byrne encountered the Martinez vehicle at the Franklin Road/Route 46 intersection directly across from Officer Byrne's location. The Martinez vehicle was observed making a right hand turn from Franklin Road onto Route 46 East. This turn was made in violation of the posted sign indicating that right turns at the red light were prohibited.

Officer Byrne made a left-hand turn onto Route 46 East and pulled behind the Martinez vehicle, which was a 2001 Ford Mustang GT Bullitt with Texas registration.

Officer Byrne activated his emergency lights and attempted to effectuate a motor vehicle stop in the area of Franklin Road and Route 46 East.

Officer Fernandez activated his emergency lights, following Officer Byrne.

Instead of stopping as required by New Jersey Law, Mr. Martinez immediately accelerated, increased speed and turned right onto Legion Place.

Officer Byrne notified headquarters that the vehicle was fleeing.

Officer Byrne continued to follow the vehicle providing his headquarters with the vehicle's location during its flight. At this point in time Officer Byrne's MVR recorded that his police vehicle was traveling between 38-47 mph, in a 25 mph zone.

Mr. Martinez's vehicle turned right onto Augusta Street, where he disregarded the stop sign. The vehicle then turned right onto Franklin Road again disregarding a stop sign, whereupon Mr. Martinez lost control of the vehicle.

Mr. Martinez's vehicle spun out and was facing in a south-easterly direction, partially on the road and partially on the sidewalk. The vehicle's excessive speed combined with its not stopping at the intersection and attempting to make a right angled turn caused the vehicle to spin out.

The distance traveled from the point when Officer Byrne observed the Martinez vehicle to the initial stop was 3/10th of a mile.

Officer Byrne pulled up in front of Martinez's vehicle and approached the vehicle on the passenger's side with his weapon drawn.

It should be noted that the video clearly depicts Officer Byrne with his right index finger outside the trigger guard of the weapon. It should also be noted that the pulling of his weapon, as well as his finger on the outside of the trigger guard, complies with his police training whereupon he attempted to get a suspect to submit by the show of force, but not having reason to use deadly force at that time, kept his finger outside of the trigger guard to protect from accidental discharge.

Officer Byrne opened the passenger side door and gave verbal commands to Mr. Martinez to get out of the car.

Mr. Martinez did not respond or acknowledge Officer Byrne or his commands. Instead, Mr. Martinez can clearly be shown on the video attempting to restart and shift his car in an attempt to flee from the scene.

Officer Byrne saw that Mr. Martinez was not in possession of a weapon since he could see his hands, and attempted to stop Mr. Martinez's vehicle from fleeing.

During this encounter, Officer Byrne re-holstered his weapon while he continued to give verbal commands to Mr. Martinez to exit his vehicle, which were not complied with. The reholstering of his weapon was also in compliance with his training as again he did not have the right to use deadly force at that time, and his attempts to use his gun to get Mr. Martinez to submit to arrest had failed.

While the vehicle door was open, Officer Byrne had his shoulder in the area of the door frame, and was bent over ordering Mr. Martinez out of the vehicle. While Officer Byrne was still partially outside the Martinez vehicle, the engine revved and the car lunged forward. Simultaneously, Officer Byrne made the split second decision as to what to do and he decided to reach into the Martinez vehicle attempting to disable it and shut the vehicle off. Mr. Martinez attempted to drive the vehicle and the vehicle lunged forward again.

Officer Byrne knelt into the vehicle in an attempt to stop Mr. Martinez for the safety of the public and he struggled with him. Officer Byrne also noted that he smelled the odor of an alcohol beverage, which was later confirmed by toxicology reports that will be discussed later.

Officer Fernandez approached the driver's side of the Martinez vehicle and attempted to physically restrain Mr. Martinez, grabbing his head and hitting it repeatedly on the door frame of the vehicle. Please note that the autopsy report described the head of Mr. Martinez as being "atraumatic" which means without any trauma or injury.

As a result of Officer Fernandez's actions, Mr. Martinez loosened his grip on the steering wheel and took his hands off the wheel. At that point, Officer Byrne directed Officer Fernandez to release his grip and/or hold on to Mr. Martinez because he believed that Mr. Martinez was going to be compliant. When Officer Fernandez let go, Mr. Martinez immediately placed the vehicle in gear and the vehicle again abruptly lunged forward.

Despite the physical efforts of both Officers Byrne and Fernandez, Mr. Martinez was successful in placing the vehicle in gear.

Officer Byrne attempted to get the vehicle out of gear and get the keys out of the ignition, but he was unsuccessful in his attempts.

The vehicle then lunged forward and backward. Eventually, the vehicle lunged forward and accelerated at a great speed, causing the passenger door to hit Officer Byrne's vehicle, slamming Mr. Martinez's passenger door shut. As you will see, Officer Byrne fortuitously was able to move his legs into Mr. Martinez's car. This prevented Officer Byrne from being trapped between the Mustang and the patrol vehicle. This flight from police had now turned into resisting arrest, aggravated assault upon an officer, and easily could have killed Officer Byrne, but for a split second reaction of pulling his legs into the car prior to the door shutting.

Officer Byrne was now, however, trapped within the vehicle as Mr. Martinez departed at a high rate of speed, first driving on the sidewalk and then on the wrong side of the road while greatly increasing his speed which will be discussed later. Mr. Martinez's actions now escalated into kidnapping of a police officer.

Officer Fernandez ran back to his patrol vehicle, and radioed for backup while following the route of Mr. Martinez.

Officer Byrne continued to yell verbal commands to Mr. Martinez, ordering him to stop the vehicle as he accelerated and increased speed rapidly.

It should be noted that due to Officer Byrne being trapped in the Martinez vehicle, the MVR lost audio reception since Officer Byrne was separated from his patrol vehicle.

Mr. Martinez failed to comply with commands to stop the vehicle and shifted through the vehicle gears while accelerating. It should be noted that Mr. Martinez was driving a high performance Mustang and was a mechanic by trade. The mustang came to final rest in 4th gear. It was later determined that Mr. Martinez was driving while on the suspended list in New Jersey.

Mr. Martinez failed to look at Officer Byrne in response to all of his communication and attempts to have him stop the vehicle. Officer Byrne described Mr. Martinez's response as "a blank stare."

The vehicle was accelerating at such a high rate of speed that within seconds Officer Byrne believed that he was not going to survive this incident. He feared that the driver would hit another vehicle, killing other people and himself. The Martinez vehicle reached speeds in excess of 80 mph.

Officer Byrne thought to himself, "I'm going to die, I'm going to die tonight."

At that point, Officer Byrne pulled out his service weapon and gave a final order to Mr. Martinez to stop the vehicle. Mr. Martinez failed to comply.

Fearing for his life, Officer Byrne discharged five rounds, all of which struck Mr. Martinez. Forensic evidence indicates that these rounds were in all probability fired within 2 seconds.

One of the five shots struck his heart and was determined by two forensic pathologists to be the fatal shot.

At that point, the Martinez vehicle veered left and left the roadway, traveling at an estimated speed of 89 mph. The vehicle hit the curb and went airborne for approximately 24 feet before landing. The vehicle then travelled approximately 25 feet and struck a concrete block retaining wall. The vehicle pushed through the wall and struck an above ground pool.

The investigation revealed that shots were likely discharged between Forest Trail, when the Martinez vehicle was traveling at an approximate speed of 75 mph, which was 7.5 seconds into the incident, and Fernwood Trail, where the vehicle was traveling at approximately 89 mph which was 9.5 seconds into the incident. Hence, the vehicle was increasing speed at a rate of 14 mph in 2 seconds.

After all 5 shots, Officer Byrne holstered his weapon and braced himself for impact.

Although injured, Officer Byrne was able to exit the vehicle, called police headquarters on his radio, and requested medical aid for Mr. Martinez.

Mr. Martinez was treated at the scene by rescue and paramedic personnel.

Mr. Martinez was transported to St. Clare's Hospital in Denville, where he was pronounced dead at 2:55 am.

Officer Byrne was also transported to St. Clare's Hospital where he was treated for a shoulder injury sustained in this incident. He was treated and released.

Various pieces of evidence were recovered at the scene which included the location of the initial encounter with Officers Byrne and Fernandez, as well as the route that was traveled by Mr. Martinez until the point where the vehicle went off the roadway, crashed and came to its final resting point.

More than 100 statements have been taken from Denville residents, EMS, Fire and members of the Denville Township Police Department.

Interviews were conducted of individuals who were associated with Mr. Martinez, as well as those who were with him on the evening and early morning hours prior to this incident.

The scene exam was handled by the Morris County Prosecutor's Office Accident Reconstruction Unit and the Morris County Sheriff's Office Criminal Investigations Section.

The New Jersey State Police Laboratory assisted with the forensic review and evaluation of evidence. The laboratory analysis consisted of the following:

Stippling tests
Ballistic tests
Gun powder residue tests
DNA analysis

An expert from the New Jersey State Police also provided expert testimony in the area of Blood Spatter analysis.

On June 26, 2008, Dr. Carlos A. Fonseca, Morris County Deputy Medical Examiner, conducted an autopsy of Mr. Martinez. Dr. Fonseca noted the following:

1. Gunshot wound of right upper back
2. Gunshot wound of back of right arm
3. Gunshot wound of interior chest
4. Gunshot wound of right flank
5. Gunshot wound right lower quadrant of abdomen

Dr. Fonseca determined:

Cause of death- multiple gun shot wounds

The results of the toxicology analysis was positive for alcohol (0.16%), twice the legal limit in New Jersey.

Positive for Cannabinoids (THC) - marijuana

In addition to the services of Deputy Morris County Medical Examiner Dr. Carlos Fonseca, I hired Dr. John E. Pless from Indiana. Dr. Pless was hired by me due to his extensive expertise and background in forensic pathology as well as his specific expertise in the area of police shooting cases and cases where persons have died in police custody.

Dr. Pless determined that the physical evidence, injuries and wound pattern sustained by Mr. Martinez in this case were entirely consistent with the account reported by Officer Byrne.

As I stated previously, the issue to be determined by the Grand Jury was whether Officer Byrne shot Mr. Martinez in self defense from actions that constituted an imminent danger of serious bodily injury or death to himself or others. Common sense dictates that a vehicle reaching speeds with unrestrained persons of upwards of 80-90 mph and 55-65 mph over the speed limit in a residential area poses a risk of serious injury and likely death.

While we all wish this matter had never occurred, my sworn oath is to fairly assess the actions of this nature and be guided by the facts and law only. That is what has been done, nothing more and nothing less. The Grand Jury has spoken and this matter now turns to the process of healing from an otherwise unalterable tragedy. Again, my condolences are offered to the Martinez family."

October 8, 2008: Today, Morris County Prosecutor Robert A. Bianchi, Esq, and Deputy Chief of Investigations William Schievella will be celebrating the First Annual Hispanic Heritage Celebration at 2:00 pm in the Freeholder's Public Meeting Room on the 5th Floor.

The Morris County Prosecutor's Office would like to ask you to join us in honoring our local Hispanic-American leaders that have honored our government with extraordinary service. Those who are being recognized are:

Lieutenant Denise Arsenault for her achievements as lieutenant in the Morris County Prosecutor's Office

Detective Arama Perez-Ortiz who was the first Hispanic police officer at Montclair State University prior to working for the Morris County Prosecutor's Office and for her role in the inception of the Morris County Prosecutor's Office Community Affairs Unit

Corporal Edwin Santana who is a member of the Executive Board for the New Jersey Gang Investigators Association and speaks nationwide to police regarding gang issues

Executive Director Xiomara Guereva of Hispanic Affairs in Morris County for her achievements in social service and for serving the Hispanic community in Morris County

Director Jose Cordero who is the Director of the Guns, Gangs, Drugs and Safe Streets Strategy for the Attorney General's Office.

Prosecutor Bianchi stated "I am proud to honor such impressive law enforcement officers of Hispanic ancestry. They are shining examples of the greatness of the Hispanic culture and their contribution to the greatness of this nation."

Media Contact: Agent Robyn D'Onofrio

October 3, 2008: Washington Township (Warren County) resident William O'Brien, 65 years old, was sentenced by the Honorable Thomas V. Manahan, P.J.Cr. to an aggregate sentence of 30 years in New Jersey State prison with 15 years to be served before he is eligible for parole. Additionally, O'Brien will be a Megan's Law registrant.

The defendant was convicted on April 21, 2008 by a Morris County Jury of Six Counts of Second Degree Sexual Assault and One Count of Fourth Degree Endangering the Welfare of a Child. He has been incarcerated without bail since the jury's guilty verdict.

During the trial, testimony revealed that from October 5, 1983 through October 4, 1989, the defendant, on almost a daily basis, engaged in a deviant sexual lifestyle with his girlfriend while his girlfriend's three daughters were present. During that time, the defendant's girlfriend's youngest daughter was under the age of thirteen. This deviant sexual lifestyle included the defendant wearing chains and openly masturbating in front of the girls.

At trial, the State presented evidence recovered at the defendant's home which included a green trunk that contained a wide array of sadomasochistic equipment and videotapes which the jury watched depicting the defendant engaged in this lifestyle. The jury also heard testimony from the oldest of the girls.

A comprehensive and thorough investigation by the Morris County Prosecutor's Office, the Washington Township Police Department, and the Morris County Sheriff's Office contributed to the strength of this case.

Prosecutor Bianchi stated "The defendant will now have to answer for his vile acts for the remainder of his life. His incarceration and loss of freedom will now justly account for his actions against a child victim who has endured a lifetime of emotional scars from his perversion. This was a difficult case with many complex legal issues which Assistant Prosecutors Maggie Calderwood and Kelley Lavery professionally presented to the jury.

The defendant's perverse desire to be chained and enslaved will now be accommodated at a New Jersey State Prison, a place that he now can call his home for the remainder of his natural life."

This case was prosecuted by Assistant Prosecutors Maggie Calderwood, Esq, and Kelley Lavery, Esq. The defendant is represented by Skippy Weinstein, Esq.

Media Contact: Agent Robyn D'Onofrio

October 1, 2008: On September 30, 2008 at approximately 9:30 p.m., members of the Morris Township Police Department Special Operations Unit and Detective Bureau executed a search warrant at 23 Delmar Avenue in Morris Township. The search warrant execution was the result of a short term undercover operation which was jointly conducted by the Morris Township Police Department in partnership with the Morris County Prosecutor's Office Special Enforcement Unit. The joint operation targeted the Delmar avenue residence which was being rented and occupied by three individuals. The residents were in the developmental stages of setting up a manufacturing facility for the cultivation of psilocybin mushrooms. The property owners were not aware or involved in the alleged activity.

The production facility included a specialty room which was secured in the basement. This room had been modified to accommodate the elaborate grow operation. The investigation revealed that once the illegal mushrooms were cultivated they were going to be transported to areas including Pennsylvania for ultimate distribution. Seized from within the residence were all of the necessary items to carry out the cultivation scheme. In addition to the items related to the production facility, marijuana and related paraphernalia along with approximately $900 in U.S. currency was seized.

The Morris County Sheriff's Office K9 and Criminal Investigations Section assisted the Morris Township Police Department and the Morris County Prosecutor's Office at the scene.

Prosecutor Robert A. Bianchi, Esq. stated:

"I applaud the efforts of Chief Timothy Quinn and members of the Morris Township Police Department who worked in cooperation and partnership with the Morris County Prosecutor's Office Special Enforcement Unit. We moved on this operation quickly before the manufacturing process became completely operational. I am extremely proud that the operation was infiltrated and neutralized before any drugs were able to be produced and distributed.

This case underscores the vulnerability we face as drug distributors move into our suburban neighborhoods with the purpose of setting up shop where our children play. This case was the result of increased vigilance of ordinary citizens who saw something out of the ordinary.

I commend both the community involvement and the partnership with law enforcement. It is the team approach by both private citizens and law enforcement that ultimately makes a difference and allows us to maintain the quality of life that we all so rightly deserve."

Chief Timothy Quinn stated:

"This is a text book example of how the joint cooperation of law enforcement agencies can react quickly to dismantle, and prevent, what was going to be a major distribution of narcotics. All the officers involved in the investigation are commended for their teamwork in successfully protecting our community from drug distributors and manufacturers who prey on our teenagers and young adults."

Suspects/Defendants:

Name: Christopher Donahue
Age: 24
Town: Morris Township
Race/Sex: White Male
Charges: (1) criminal attempt to operate a controlled dangerous substance production facility;(2) conspiracy to operate a controlled dangerous substance production facility; (3)poss. of < 50 grams of marijuana; (4)poss. of drug paraphernalia
Bond: $100,000

Name: Phillip Polynone
Age: 23
Town: Morris Township
Race/Sex: White Male
Charges: (1)criminal attempt to operate a controlled dangerous substance production facility; (2)conspiracy to operate a controlled dangerous substance production facility; (3)poss. of < 50 grams of marijuana; (4)poss. of drug paraphernalia
Bond: $75,000

Name: Stephanie Avitable
Age: 23
Town: Morris Township
Race/Sex: White Female
Charges: (1) criminal attempt to operate a controlled dangerous substance production facility;(2) conspiracy to operate a controlled dangerous substance production facility; (3)poss. of < 50 grams of marijuana; (4) poss. of drug paraphernalia
Bond: $75,000

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.

October 1, 2008: A Morris County Jury convicted Scranton, Pennsylvania resident Raymonte Love, 31, of:

One Count of First Degree Possession of CDS (Cocaine) with the Intent to Distribute

One Count of Third Degree Possession of CDS (Cocaine)

The verdict followed a 3 day trial before the Honorable Thomas V. Manahan, J.S.C. in Morristown, New Jersey. Love faces a maximum possible custodial sentence of 20 years in New Jersey State Prison when he is sentenced on November 14, 2008.

Prosecutor Bianchi stated "Today the jury has spoken and justice has been served. The message is loud and clear that the police and Morris County Prosecutor's Office will vigorously arrest and prosecute those who sell and deliver the poison of drugs into our community. This first degree conviction again serves notice to the criminals in our county that they will be dealt with harshly for their transgressions and that they will serve many years behind bars to think about their actions."

Testimony at trial revealed that on June 7, 2006, a vehicle that the defendant was a passenger in was stopped for a speeding violation by Patrolman Joseph Abrusci of the Mount Olive Police Department. A subsequent search of the vehicle found over 10 ounces of cocaine in the trunk of the vehicle. Testimony also revealed that the defendant traveled from Pennsylvania to New York to pick up the cocaine when the vehicle was stopped.

Assistant Prosecutor Peter Foy, Esq.. prosecuted the case for the State. Love was represented by Severiano Lisboa, Esq., of Hackensack. Love's bail of $75,000.00 was revoked.

Media Contact: Agent Robyn D'Onofrio