On May 14, 2007, Red Bank
municipal court judge, William Himelman (case was transferred to Red
Bank for possible conflict) found the Wall Township Police Chief, Bernard
Sullivan not guilty of driving while intoxicated. The evidence against the police officer, as testified by the
arresting officer, was that the chief was driving recklessly by failing to
maintain lane, going through a red light, reckless driving and failing a
breathalyzer test, blowing double the legal limit. Sullivan admitted having four to five beers when stopped, but
contested that he failed the field sobriety tests that were administered to him
at the scene.
After the verdict the Star Ledger quoted Red Bank Municipal
Prosecutor James N. Butler as saying he was shocked by the judge’s decision,
and stated, “To me, it set the
criminal justice system back a long way, because what it said is, Don't arrest
a cop.”
In the judge’s oral
decision he stated, "I didn't see (Sullivan) staggering, I didn't see him
falling, I saw him walking around," Himelman said. "What I saw on
that surveillance tape was a man who had five beers, not someone who had 10
beers." However, as this judge
knows whether someone can handle their liquor is no defense to a DWI charge,
and rarely if ever, will a municipal court judge find a defendant not guilty
when he fails the field sobriety tests?
Sullivan’s failure on the field sobriety tests was also witnessed by
superior officer Lancellotti who was called to the scene.
Further, the
municipal court judge completely ignored the testimony of Patrolman Verrecchia
who testified that when he pulled Sullivan over at 12:35 a.m. after he saw
Sullivan's car, headed north on 16th Avenue in the West Belmar section of town,
run a red light at Route 35, nearly colliding with a car on the highway. Further, he testified that Sullivan
continued across Route 35 and headed up Belmar Boulevard toward his Wall home
on the wrong side of the road until Verrecchia pulled him over near Marconi
Road, Verrecchia testified.
Further, the municipal court judge
completely ignored officer Verrecchia testimony that Sullivan breathalyzer
reading was for the first test .19 and for the second test, .20 (double the
legal limit for that time).
According to the
Asbury Park Press interview of the judge after the verdict, Himelman was not
embarrassed to say that it was the first not guilty verdict he has made in the
last five years in a DWI case while sitting on the bench in Red Bank. I wonder
how many individuals were found guilty in Red Bank by him and how many lost
their jobs because of their loss of a driver's license?
This unfortunately
is not an isolated incident and further reinforces the need for municipal
courts in New Jersey to be consolidated in joint municipal courts in which a
number of towns join their municipal courts into a joint municipal court. Further, that these joint municipal court
judges be appointed by the governor as Governor Christi has proposed. Not
only will this save taxpayers money, by consolidation, but also eliminate some
of the conflict of interest, which is rampant in municipal courts throughout
the state. Specifically, because the
municipal court judge receives his or her paycheck from the town in which he
must generate revenue, and hence, the inference that he or she must find
everyone guilty to generate revenue. Or
as this judge admitted never find anyone not guilty in the last five years in
every DWI case, except in one case in which an law enforcement is charged with
DWI, notwithstanding all the evidence against the police officer? Nobody is questioning the integrity of the
municipal court judge in this case, however, it surly makes you wonder. Is there any justice in municipal court in
Red Bank?
P.O. Box 261
277 North Broad
Street
Elizabeth (Union
County), New Jersey 07207
(908) 354-7006
Monmouth, Essex,
Union, Middlesex, Bergen, Hudson, Somerset County Criminal Defense Attorney, NJ
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