Prosecutor’s Office: Police Chief Was Too Close to Investigation

CAPE MAY – The controversies in the Cape May Police Department continue 10 months into the new City Hall administration.
In a Sept. 25 letter to Mayor Clarence Lear, investigators from the Cape May County Prosecutor’s Office said that Police Chief Anthony Marino was “inappropriately close” when he conducted an administrative internal affairs investigation of Officer Douglas Henderson.
The letter was obtained by the Herald through an Open Public Records Act request.
Earlier, the Herald reported that Lear wrote the County Prosecutor’s Office a letter June 26 that requested an investigation following an internal affairs investigation conducted by Marino concerning the “conduct and behavior of Officer Douglas Henderson.”
The Henderson Issue
The investigation stemmed from Henderson’s testimony in an administrative disciplinary hearing in 2016 when he was a witness for the city against Capt. Robert Sheehan.
Sheehan was accused by the city of violating guidelines regarding firearms qualification in 2009.
In that testimony, Henderson admitted that he authored a letter confirming that all officers had met the firearms qualifications even though he said he was aware that then-Chief Diane Sorantino, Sheehan and then Lt. Lear had failed to do so within the specified timeframes spelled out in state guidelines.
Henderson claimed that he had informed Sorantino of the discrepancy. Sorantino testified that she had no memory of such a conversation.
Following the conclusion of the hearing, the County Prosecutor’s Office issued a “Brady Letter” concerning Henderson. In effect, such a letter states that the officer receiving it will no longer be called upon to testify in criminal cases.  
Claims that Henderson allegedly falsified a report would have to be shared with any defense attorney should he testify, which could undermine a criminal case.
Henderson has an open suit filed against the city claiming that his career and livelihood as a police officer were inappropriately damaged. 
He is seeking removal of the “Brady Letter” and a variety of damages regarding lost pay and promotion opportunities.
The pending litigation prevented the Herald from obtaining a copy of the letter; litigation is one of the reasons why the city can deny an OPRA request.
Confirmation of the letter came from Henderson’s court filings where he lists its removal as one of the remedies to his suit.
Internal Affairs Investigation
Even though his potential testimony in court is compromised by the existence of the letter, Marino elected to keep Henderson on duty as an officer in the department.
That led to the need for an administrative investigation which Marino elected to conduct rather than seek an external investigation by the County Prosecutor’s Office.
Lear’s June letter claimed that Henderson’s “egregious behavior was exonerated” by Marino’s investigation.
Lear said that there was “no clear rationale or explanation for the lack of disciplinary action.”
Citing what he described as a long friendship between Marino and Henderson, Lear spoke of the “appearance of impropriety” and termed the outcome of the investigation “self-serving.”
Response to the Herald’s OPRA request shows that there was a Sept. 22 Cape May County Prosecutor’s Investigative Report concerning Lear’s June complaints. The Herald was denied access to that report.
What is public is the brief letter that states that the County Prosecutor’s Office had completed its investigation of Lear’s objections to Marino’s actions.
That letter “sustains” the allegation that Marino was “inappropriately close” when he elected to conduct the investigation of Henderson himself.
Current State
The city has had the County Prosecutor’s investigative report and the letter for a little over a month. It is unclear what action the city administration will take, if any, concerning its finding.
Henderson’s lawsuit remains open. Sheehan’s lawsuit stemming from his removal as chief of police in March 2015 remains open.
Lear, who allegedly misused city time as a member of the police department, is the mayor.
To contact Vince Conti, email vconti@cmcherald.com.