Court Again Dismisses DeMarzo’s Charges

COURT HOUSE – Charges against former Wildwood mayor Gary DeMarzo were dropped Jan. 4 by Superior Court Judge Albert Garafolo.
DeMarzo was initially charged March 2011 with official misconduct for using city monies to pay his personal legal fees.
According to the indictment, DeMarzo was charged with second-degree official misconduct and conspiracy to commit official misconduct and four fourth degree offenses involving misuse of funds and corruption of public resources.
The former mayor allegedly paid his attorney with city funds to represent him in a lawsuit questioning his ability to serve the city as both an elected official and an officer with the Wildwood Police Department. He has since retired from the force.
Garafolo dismissed the charges against DeMarzo in April 2012. On June 12, DeMarzo was reindicted on charges that included two counts of official misconduct, one count of criminal contempt and one charge of corruption of public resources.
Throughout his legal ordeal DeMarzo has maintained the indictment and reindictment were political vendettas against him by Cape May County Prosecutor Robert Taylor.
“Through the justice system, we exposed the ridiculous lengths that Taylor has gone to in this charade. Taylor has spent hundreds of thousands, if not millions, of taxpayer dollars and resources in pursuit of a bogus indictment for approximately $346,” stated DeMarzo.
According to Taylor, the court’s decision was not unexpected. “That is why the state moved to disqualify the trial judge,” said the prosecutor. “The case is not complicated; Commissioner DeMarzo sued the other commissioners and the city on Nov. 16, 2009 asking for authorization from Judge Valerie Armstrong to use city funds to pay for his personal legal fees and costs.”
Taylor told the Herald Armstrong ruled in December to deny the request and issued an order stating there was no legal authority for DeMarzo to use taxpayer funds.
“In March 2012 Commissioner DeMarzo signed the voucher to use city funds to pay his personal attorney fees and costs in violation of Judge Armstrong’s court order,” said Taylor. He added the state is contemplating appealing Garafolo’s refusal to disqualify himself from the case.
“We will definitely appeal the dismissal of the indictment,” added Taylor.
DeMarzo told this paper, “The truth will continue to surface and Taylor now faces the risk of a civil action for malicious prosecution.”
“The wheels of justice turn slowly,” said the former mayor. “But they do turn and the best days lie ahead for my family and me. As to those who propagated, conspired and orchestrated this against us, as General (George) Patton said, ‘May God have mercy upon my enemies, because I won’t.’”