If You Have Been Arrested or Charged with a Crime or Disorderly Person’s Offense, Call Vincent J. Sanzone, Jr., (Cell Phone 201-240-5716 or Office 908-354-7006) you Owe it to Yourself and the People Who Care About You. Choosing the Right Attorney Will be the Most Important Decision You will Make.
Post-Conviction Relief Motions
A motion for post-conviction relief can be filed within five years after a judgment of conviction is entered by the court.A motion for post-conviction relief in essence is an application by a defendant asking the court to reopen case based on a fundamental injustice in the conviction, or in the way the conviction was obtained, either on substantive due process or procedural due process grounds.In other words, if the defendant’s constitutional rights, either state or federal, were violated in such a substantial way as to make the conviction contrary to fundamental notions of justice. In New Jersey the statute that governs such application can be found in N.J.R. 3:22-2. Although these motions are granted rarely by the court, in cases in which the collateral consequences are of great magnitude it might be worth while to pursue such a motion.Although not exclusively, this often arises in cases of immigration deportation in which the individual plead guilty to a crime on bad legal advise regarding the chances of being deported after the plea.
One of the ways to attack a conviction is to show that the testimony of one of the State’s witness was false or perjured as to make the conviction a miscarriage of justice. In the event that you have been convicted based on the sworn testimony of a police officer who was subsequently convicted for official misconduct, perjury, or any other crime, relating to his duties as a police officer there is a strong possibility that a conviction, primarily based on his or her testimony, could be reversed, and a new trial ordered.In that event, since the officer is a convicted felon the possibility of the prosecutor’s office pursuing a new trial is slim to none, if that officer’s testimony was essential to a conviction beyond a reasonable doubt. Accordingly, I have prepared a list of convicted, indicted, or charged police officers charged with crimes while police officers. This list of convicted police officers in continually being updated and if you know of any not listed here I would appreciate your input. 1. Philip McKenna, former Elizabeth Police Department Patrolman, 2010, convicted of federal conspiracy to commit mail fraud. 2.Tyrone Dudley, former Newark Police Department Patrolman, 2007, state conviction for official misconduct, falsifying police reports. 3.Brian Rice, Irvington Police Department Patrolman, 2010, convicted of official misconduct of falsifying police reports. 4.David Thomas, Plainfield Police Department, 2010 conviction for insurance fraud. 5.Phil Castagna, Bordentown Police Chief, 2010, convicted of conspiracy to commit murder against his estranged wife. 6. Michael Lalley, Newark Police Department, 2011 federal conviction for obstruction of justice when he attempted to obstruct a federal investigation regarding Newark Police officers stealing money and narcotics from alleged drug dealers. Also admitted to obstructing justice by telling an under-aged male to lie about their sexual encounters which occurred between 1991 and 1999. 7. Jeffrey Lempicki, Brick Police Department, charged with theft of P.B.A. Funds. 8. Carl Holliday, Vineland Police Officer indicted for bank robbery. 9. Lisandro-Otero-Ortiz, Trenton Police Officer indicted for sexual assault on a 14-year old girl. 10. Victor Patela, Newark Police Officer indicted for bank and mortgage fraud. 11. Angel Pered, Newark Police Officer indicted for aggravated assault and excessive force. 12. Lt. Robert Tierney, New Brunswick Police officer indicted for voting fraud, theft by deception and shop-lifting. 13. Joseph Rios, II, Passaic City police officer indicted for aggravated assault. 14. Eugene Blood, Denville Police Department, convicted of official misconduct for stealing controlled dangerous substances from the evidence evidence vault, including heroin. 15. Rocco Malgeri, Elizabeth Police Department, indicted for 58 counts of exhorting money from Hispanic people he believed were illegal aliens. 16. Herne LaCoste, Irvington Police Department, indicted for robbery, kidnapping and aggravated assault. 17. Patrick Cannon, Weehawken Police Department, convicted of theft of over $700,000.00.