Appellate Court Affirms DeMarzo Indictments Were ‘Unsustainable’

TRENTON – The New Jersey Appellate Court affirmed, in a 12-page unpublished decision, the previous ruling of Superior Court Judge Albert Garofolo May 2 in the case concerning Gary DeMarzo, former Wildwood mayor and former police officer in that city. Garofolo ruled that the indictment of DeMarzo brought by the Cape May County Prosecutor’s Office was “unsustainable as a matter of law.” His ruling was made in January 2013; the prosecution appealed.
The case stems back to an indictment on second-degree official misconduct charges that stemmed from the payment of a legal fee to attorney Samuel Lashman that was authorized by DeMarzo. DeMarzo and the other city commissioners had long been at odds and payment of the fee and subsequent objection by the commissioners was another example of the political wrangling among them. The total fee was $348.75.
Lashman had represented DeMarzo when a legal dispute arose as to whether he could continue in his career as a police officer for the Wildwood Police Department as well as mayor. DeMarzo had taken an unpaid leave of absence.
In July 2007, the trial court ruled that he could as long as he excused himself from participating in decisions relating to the department. “The state unmistakably led the grand jury to believe defendant had violated the final judgment, an error clearly capable of producing and did produce an unjust result.”
The court stated. The court went on to state that the prosecutor’s office presented “misleading evidence.” If it had not, the court concluded that the grand jury would not have handed down the four count indictment.
“We are satisfied the grand jury would have reached a different result but for the introduction of this misleading evidence. With respect to other arguments the state raises in its brief, we find that they are without sufficient merit to warrant discussion in a written opinion,” the court stated.
DeMarzo has filed a malicious prosecution action against County Prosecutor Robert Taylor. With this ruling he feels confident that he will receive complete vindication. In a prepared statement DeMarzo said, “I won and Robert Taylor along with the Cape May County Prosecutor’s Office lost.” DeMarzo also said he was surprised how “negatively they viewed the actions of Robert Taylor and the Cape May County Prosecutor’s Office.”
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.
For the Herald’s previous coverage, go to:
– http://goo.gl/LzVv6L