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The living -- and the dead -- love Cape May. Here are 6 haunted stories to prove it.

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Dead-bolted doors have mysteriously opened. Bread and plates have flown off shelves. The stories go on and on.


Massage therapist charged with sexually assaulting client during session

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The woman alleged it happened during a massage last month

A massage therapist in Pennington was arrested and charged recently with sex crimes after a woman alleged he assaulted her during a massage, the Mercer County Prosecutor's Office said. 

Asmar Berry .jpgAsmar Berry (Police photo) 

The woman alleges she was getting a massage from Asmar Berry, 40, of Clementon, at Renewed Spa Massage on Route 31 in Pennington in September when he "touched the intimate parts" of her without her consent, the Mercer County Prosecutors Office said.

Berry has since been charged with one count of second-degree sexual assault and one count of fourth-degree criminal sexual contact. 

He was charged on a summons and then released, pending a court date, the office said.

Renewed Spa Massage declined to comment when reached by phone Thursday. 

The investigation is ongoing, and anyone with information on the case is asked to reach out to Detective Karen Mendez of the county's Special Victims Unit at 609-989-6568.

Paige Gross may be reached at pgross@njadvancemedia.comFollow her on Twitter @By_paigegross.

 

70-day suspension will stay for cop who ran Craigslist ad trying to smoke out pot grower

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The officer was suspended without pay for not getting clearance from his bosses for the drug investigation

When Zane Batten, a conservation police officer with the state Division of Fish and Wildlife, got a tip that a man was growing marijuana plants in a shed on property adjacent to state lands in South Jersey, he decided to set up a sting operation.

He knew the suspect from previous encounters and was certain he was up to no good.

Batten placed a notice on Craigslist in 2013 advertising free scrap metal available at the suspect's property, and included his phone number and address.

The officer hoped that if people started showing up unannounced, it would spook his quarry and he would try to move his plants, giving the officer probable cause for a search.

A day after placing the ad, Batten hid behind the shed for eight to 10 hours, but saw nothing suspicious.

The plan had failed.

That wasn't the end of this story, though.

As it turns out, Batten never notified his superiors about his ruse and didn't have approval for the operation.

He was suspended for 70 days without pay. He appealed that suspension and the state appellate court has now upheld the earlier decision.

Batten's superiors would have never known about this episode had it not been for another encounter between Batten and his suspect, described in court documents by the initials J.G., just days after the failed pot bust.

Batten was investigating a trespassing complaint on state lands he was patrolling when he claimed J.G. struck him with a bucket, according to the appellate ruling. J.G. was arrested and charged with assault, but that charge was later dismissed.

It was while J.G.'s attorney was investigating Batten's assault claim that he learned about the phony ad on Craigslist. J.G. had received phone calls and about a dozen visitors as a result of that ad.

J.G. filed a complaint with the Cumberland County Prosecutor's Office, which referred the matter to the state Department of Environmental Protection (DEP), which oversees the Fish and Wildlife division.

Batten had launched his own investigation into the alleged pot growing after first referring the matter to the county prosecutor's office, according to the appellate documents.

He also stated his actions were in keeping with past practice, saying he would only discuss open investigations with superiors once he established probable cause, and that it was not unusual to initiate an investigation without notifying anyone.

All of this was contrary to the DEP's standard procedures, appellate judges noted

During a review of his conduct, Batten admitted placing the ad, but when he was asked to submit a written statement on his actions, he refused, citing concerns that the statement could be subject to an Open Public Records Act request. Batten said he was concerned for his safety if J.G. filed an OPRA, because he believed J.G. and his associates "were involved in violent crimes," according to court documents.

Batten had several encounters with J.G. over an 18-year period and the officer believed the man "was an active gang member whose friends were murderers and drug dealers," according to the appellate court ruling.

Given those claims, officials noted that Batten's sting operation placed innocent people in potential harm.

"While he was allegedly concerned for his own safety, he testified he was not concerned about the individuals who might have shown up on the property in response to the phony ad," the appellate court wrote.

While one of Batten's superiors recommended he receive a formal letter of reprimand but no suspension, the DEP settled on the 70-day suspension without pay, citing Batten for conduct unbecoming a public employee, for initiating an investigation without notice to or approval from his chain of command and for potentially endangering the public. He was also cited for refusing to provide a written statement about his actions.

Batten appealed the suspension and an Office of Administrative Law judge upheld the DEP's decision. The judge wrote that Batten's "failure to report the investigation, even after the fact, was further evidence that he knew such conduct was not permitted."

The Civil Service Commission accepted the judge's determination and issued its final decision in 2016.

Batten argued that the administrative law judge improperly questioned and cross-examined witnesses, failed to address testimony supporting his statement that he didn't refuse to provide a written statement, and failed to consider that the DEP's office of labor relations had exceeded its disciplinary role in recommending the suspension, since an immediate supervisor had already disciplined and verbally counseled him.

He also argued that the suspension "was not consistent with progressive discipline." 

Batten appealed the commission's decision to the appellate court, which upheld the commission's decision last week.

It's not clear if he has already served the suspension.

Efforts to reach Batten and his attorney for comment were unsuccessful on Thursday.

Batten, who graduated from the Burlington County Police Academy and joined the conservation officer ranks in 2001, earns an annual salary of $87,201.74, according to state payroll records.

The Atlantic States Marine Fisheries Commission presented Batten with an Award of Excellence last year for his work in law enforcement.

The commission noted Batten's work on several cases that resulted in domestic and international charges in cases involving illegal eel harvesting along the Atlantic Coast and illegal commercialization of striped bass from the Delaware Bay.

Matt Gray may be reached at mgray@njadvancemedia.com. Follow him on Twitter @MattGraySJT. Find the South Jersey Times on FacebookHave a tip? Tell us: nj.com/tips.

 

Pair charged with shooting 19-year-old who died days later

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Authorities said the man was actually shot at a home about a mile and a half from where he was found.

Two men have been charged with shooting a 19-year-old Camden man who died from his injuries two days later, the Camden County Prosecutor's Office said in a statement Thursday.

Police learned of the shooting Sunday night when they were called to the MD Anderson Cancer Center at 8:32 p.m. for a report of a man who had been shot.

They later determined that the man, Diquese Young, was shot earlier that day at the home of Morton Newman, 20, in the 2500 block of Baird Boulevard. It's not clear how Young ended up near the medical center, about a mile and a half from the shooting scene.

Young was treated for his gunshot wound at Cooper University Hospital, and Newman and Nasir Mason, 19, were charged Monday with aggravated assault and other weapons charges in connection with the shooting, the prosecutor's office said.

Young died from his injury at the hospital on Tuesday, Oct. 16. The statement from the prosecutor's office did not say whether the pair would face additional charges now that the shooting they were charged with turned fatal.

Both men are being held in the Camden County Correctional Facility. The prosecutor's office plans to ask a judge to order the men held in jail pending trial.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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Chris Christie spoke in N.J. and he had a lot to say (about Trump, Murphy, the GOP)

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The former two-term governor spoke at Rowan University Thursday night on a variety of topics

I got a stack of mail from lawyers after a speeding ticket. Here's why it's legal

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How does our speeding ticket data end up in lawyers' hands so fast?

It had been more than 15 years since I was hit with a speeding ticket. That changed on a two-lane road through former farmland on the way to work in late summer.

I was issued a violation for going less then 10 miles over the speed limit.

What happened next was even more of a gut punch.

Two days later, I started getting solicitations in the mail from attorneys vying to represent me if I chose to go to court. I hadn't even mentioned the incident to my co-workers the morning it happened because I figured it was personal, even though I would love to have commiserated about a cop who clocked my speed coming from the other direction on a deserted, two-lane road.

It turned out not only was it not my personal business because of the state's Open Public Records Law, but my little mishap was part of a mass-marketing campaign for lawyers looking for clients.

A group of legislators has been trying to ban the practice for several years.

What's the proposed legislation to end this practice?

"Persons receiving these solicitations are often greatly embarrassed that their traffic ticket seems to be a matter of extensive public knowledge and concern," Assembly Bill 1350 says. It was introduced by Assemblyman James Kennedy, D-Union County, in the current session of the legislature. A similar measure was also introduced in the state Senate in 2015 and 2013 by Sen. Nicholas Scutari, D-Union.

Scutari's bill never made it to the floor for a vote and Kennedy's bill was introduced in January.

So how did they access my info?

Direct-mail marketing companies pitch services to legions of attorneys throughout the state, including the ability to aggregate traffic summons and generate mail solicitations from information included on the citation, including name and address.

Joe Truland, a criminal defense attorney from Morristown, said he hired Innovative Attorney Marketing to mail solicitations to perspective clients. The company, based in Cherry Hill, is one of the leading companies that offers this service. They didn't return a request for an interview.

ticket letters.JPGSolicitations from attorneys poured in after I got my first speeding ticket in more than 15 years. 

"A good portion of my practice comes from that advertising," Truland said this week. "It's a public record. If the person gets a letter from me and chooses to call then they do. This form of advertising has existed for at least 15 years and a lot of attorneys that do municipal court practice use it."

Truland said he sometimes gets calls from people who have received letters from him asking how he got their information. He said he tells them they need to speak to "whoever it is who makes those records public."

It was good advice. That's what I did.

Why is it legal?

The state Government Records Council oversees public record requests. Frank Caruso from the GRC said the agency is constantly trying to determine if the "access need is greater than the need to redact it."

Don't want lawyers knowing your business? Bill tries to keep traffic tickets out of public eye

Caruso said the vast majority of court documents are public records. Some restrictions to access of public documents include automated citations from red light cameras and solicitation from information on voting registration records.

Steve Carrellas of the state chapter of the National Motorist Association said his organization sees both sides of the issue. Carrellas said his organization also relies on public records for data it uses to formulate policy.

He said if data on traffic stops could be released with the name and address of the driver redacted his organization would support that.

Meanwhile, now that my not so private brush with the law was public, I decided to pay the fine online and go quietly about my business. Shush...don't tell anybody.

Bill Duhart may be reached at bduhart@njadvancemedia.com. Follow him on Twitter @bduhart. Find NJ.com on FacebookHave a tip? Tell us. nj.com/tips

Powerball, Mega Millions jackpots climb to $2 billion - yes, that's with a B

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The Mega Millions jackpot is the largest in history

City mourns young athlete reportedly killed in Russian Roulette-style game

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Diquese "Dino" Young, 19, played football and ran track at Woodrow Wilson High School before graduating this year.

One of the men charged in connection with the death of a young Camden athlete told authorities the shooting was the result of a Russian Roulette-style game.

Diquese "Dino" Young, 19, died Tuesday from a gunshot wound to the head, according to the Camden County Prosecutor's Office.

According to probable cause statements, detectives were told Young and two friends were taking turns pulling the trigger on a gun when Young shot himself in the head.

Young died two days later. He was well-known as an athlete at Woodrow Wilson High School in Camden, where he played football and ran track. He graduated this year.

According to the prosecutor's office, Morton Newman Jr., 20, and Nasir Mason, 19, were charged Monday, before Young's death, with aggravated assault and other weapons charges.

Morton told investigators that on Sunday night at his home on Baird Avenue, he spun the cylinder on a gun and pulled the trigger, but it didn't go off, according to the probable cause statement by Det. Brian Caffarelli. Mason did the same and again, the gun didn't fire, the document said.

When Young did the same, Caffarelli wrote, the gun fired and struck him in the head. Morton told authorities he ran to tell his mother what had happened and then flagged down his brother, who drove them to MD Anderson Cancer Center, believing it was Cooper University Hospital.

EMTs at the scene took Young to the hospital's emergency room, but he later died.

Caffarelli wrote that the people involved in the incident were not forthcoming, at first, about what had happened.

Morton's brother told officers at first that he discovered Morton and Young on Grand and Benson streets, the document said. Police searched that area and other areas without finding any sign of a shooting, but then found blood on the outside of the basement door of Morton's home, Caffarelli said.

The prosecutor's office is planning to ask a judge to order Morton and Newman held in jail pending trial.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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N.J. pets in need: Oct. 22, 2018

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Pets throughout New Jersey await adoption from shelters and rescues.

Some notes on homeless animals in New Jersey:

* According to the State of New Jersey Office of Animal Welfare, "it is estimated that the number of free-roaming cats in the United States may be equal to that of owned cats, approximately 70 million. If left unchecked, free-roaming cats will breed and their populations increase at locations where they find suitable shelter and food."

The office goes on to note that pet cats that are abandoned will not easily fend for themselves outdoors. Unfortunately, most of these cats and their offspring will suffer premature death from disease, starvation or trauma.

* Among shelters and rescue groups around New Jersey, the top 10 reasons for owners relinquishing a dog are: (1) moving; (2) landlord issues (3) cost of pet maintenance; (4) "no time for pet;" (5) inadequate facilities; (6) "too many pets in home;" (7) pet illness; (8) "personal problems;" (9) biting; and (10) no homes for litter-mates.

Other interesting facts from the Office of Animal Welfare:

* As many as 25 percent of dogs entering shelters across the country each year are purebreds.

* One unspayed female cat and her unaltered offspring can produce 420,000 cats in seven years.

Here is a gallery of homeless animals from all over New Jersey. Consider visiting a local shelter or contacting a local rescue group when looking for a pet for your family.

Greg Hatala may be reached at greghatalagalleries@gmail.com. Follow him on Twitter @GregHatala. Find Greg Hatala on Facebook.

Eagles Cheerleaders perform during stunning loss to the Panthers (PHOTOS)

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Eagles Cheerleaders perform during a game against the Carolina Panthers.

PHILADELPHIA -- Despite an epic Eagles' fourth quarter collapse, the Eagles Cheerleaders did their best to keep the atmosphere alive during Sunday's 21-17 loss to the Carolina Panthers (4-2) Sunday at Lincoln Financial Field.

The Eagles (3-4) built a 17-point lead after Carson Wentz tossed a 1-yard touchdown pass to Dallas Goedert late in the third quarter, but Panther quarterback Cam Newton found his game in the last 12 minutes, shredding the Eagles defense for 21 unanswered points

Newton threw a 1-yard touchdown pass to Greg Olsen with 1:22 left in the game to cap off the comeback.  

9 trades Eagles could make

While taunting the fans after the touchdown, Newton tripped over the goal-line pylon, to the delight of the irate fans, nearly taking an embarrassing spill. 

The Eagles had one last chance to redeem themselves from their fourth quarter collapse, but Wentz fumbled the ball on fourth down to seal one of the worst defeats in years.  

Wentz completed 30-of-37 passes for 310 passing yards and two touchdowns. His first touchdown pass, for 11 yards, went to Alshon Jeffery for a 7-0 lead in the second quarter. 

Newton finished 25 of 39 for 269 yards and ran for 49 yards.

Next Sunday the Eagles will play the Jacksonville Jaguars at Wembley Stadium in London. Kickoff is scheduled for 9:30 a.m. EST.

Click here to see photos of the Eagles' loss to the Panthers. 

Tim Hawk may be reached at thawk@njadvancemedia.com. Follow him on Instagram @photog_hawk and Twitter @photogthawk. Lori M. Nichols may be reached at lnichols@njadvancemedia.com. Follow her on Instagram @photog_lori and Twitter @photoglori. Find NJ.com on Facebook. Have a tip? Tell us. nj.com/tips.

Man sues after being shot by cop who seemed not to realize his gun fired

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The man was shot in a struggle after he tried to drive off with the officer hanging out of his window. Watch video

A Haddon Township police officer who seemed surprised to find out he shot a man in the leg during a struggle in 2016 is now being sued by the man he wounded.

brown-edmond.jpgEdmond Brown 

Edmond Brown, 41, of Camden, filed suit Friday in federal court in Camden against Officer Robert Mulhern and the Haddon Township Police Department, alleging that the shooting was excessive force and police violated Brown's civil rights. It also accuses the department and the Camden County Prosecutor's Office of conducting a "sham investigation" that exonerated the officer.

Brown is currently serving a seven-year prison term after pleading guilty in 2017 to resisting arrest and having an illegal gun in his truck during the Oct. 29, 2016 traffic stop. During the stop, Brown tried to drive away and crashed his truck into a parked car, as the officer tried to cling to the truck.

Philly.com reported that Mulhern pulled Brown over for having a handicap placard hanging from his rearview mirror. He initiated the stop on Route 130 but Brown pulled onto Alabama Road.

The entire incident was captured on Mulhern's dashboard camera. The video, however, does not tell the same story as Brown's lawsuit.

Warning: Video contains explicit language and violence.

According to authorities, Brown kept giving Mulhern fake names during the traffic stop. With the officer at his window, Brown shifted his truck into gear and Mulhern reached in the window to try to stop him. The officer clung to the truck as it careened across the street but jumped clear right before it crashed into the parked car, the video shows.

The lawsuit claims that reaching into a moving vehicle during a stop is against police training and a violation of Brown's civil rights.

After the crash, Mulhern orders Brown out of the vehicle at gunpoint. Brown initially complies with the orders to get down, but then gets to his feet and Mulhern grabs him from behind, the video shows.

The two struggle as Brown tries to flee, and Mulhern appears to fire his gun at Brown's legs before holstering the weapon and continuing the struggle.

"You shot me!" Brown can be heard saying.

Mulhern replies, "No I didn't."

The officer ends up on top of Brown on the ground and holds him there until another officer arrives and helps cuff him.

Contrary to what the video shows, Brown's lawsuit claims that Mulhern had "haphazardly" holstered his weapon and it accidentally went off later while the pair were on the ground.

However, the tussling on the ground comes after Brown exclaims that he's been shot, the video shows.

Minutes later, Mulhern tries to get Brown to his feet and the latter complains he was shot in the leg.

"Are you shot? Where?" Mulhern asks. After finding the wound on his right thigh, paramedics are called and Brown is treated on scene while other officers arrive.

According to the video, Mulhern eventually told another officer that he was wrestling with Brown with his gun in his hand and "during the scuffle it kind of went off."

Brown was treated for the gunshot wound and a broken finger, the suit said.

Inside the truck, detectives found a loaded Smith & Wesson .357 Magnum revolver, over 50 rounds of ammunition and two knives, authorities said. He was also in violation of his probation, authorities said. At the time, he had a pending charge from 2014 of aggravated assault, a crime he pleaded guilty to in 2017, court records show.

The lawsuit claims that what happened to Brown violated his right to be free from unreasonable search and seizure.

It names Chief Mark Cavallo and says that Haddon Township police "tacitly approved Mulhern's use of excessive force when they failed to properly investigate and report Mulhern's use of force, failed to train employees properly, and after prior incidents, failed to take corrective action to prevent excessive force violations from reoccurring."

The suit also says that the prosecutor's office "illogically determined" that Mulhern fired his weapon to stop the "attack" and that he believed Brown was trying to get possession of the gun. The office ruled that the shooting was justified.

Brown is represented by Conrad J. Benedetto and attorneys from Hach Rose Schirripa & Cheverie LLP.

"It is one thing to unlawfully use excessive force against a civilian as we allege happened here with Mr. Brown," Benedetto said in a press release Friday. "But when a local government fails to properly investigate the use of excessive force by its police officers, it is sending a clear message to its taxpayers and its police officers that the officers may very well be above the law."

The suit seeks punitive and compensatory damages and legal costs.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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Prosecutor: cop was right to use deadly force on domestic violence suspect

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A relative called police to warn them that the man had attacked his wife and had a gun.

A county prosecutor and a division of the state attorney general's office have ruled that a police officer was justified in using deadly force on a domestic violence suspect last year.

On Jan. 11, 2017,  Camden County Police Officer David Stinsman fatally shot Jose A. Fernandez, 38, on the second floor of an apartment near 28th and Federal streets in Camden. Stinsman was responding to a report of an armed man who had attacked his wife. 

Stinsman was placed on administrative leave after the shooting and the Camden County Prosecutor's Office began an investigation. But before that underwent a final review, the office became aware of a conflict and the AG transferred the case out of the county for an independent review.

Burlington County Prosecutor Scott Coffina announced his office's findings in a news statement Monday. The office found:

Stinsman and two other officers announced their presence and that they were entering the building. They were climbing a narrow staircase leading into the second-floor apartment when Stinsman, with his two colleagues behind him, saw Fernandez peek from around a corner at the top of the stairs.

Stinsman "heard the distinct sound of a slide moving forward on a handgun." The officer could see Elisvel Gomez, Fernandez's wife, sitting on the couch with a baby in her arms.

As Stinsman got to the top of the steps, he saw Fernandez emerge from behind the wall separating the stairwell from the apartment.

Fernandez then shot his wife multiple times and Stinsman shot Fernandez multiple times.

Fernandez later died from his injuries. Gomez was seriously injured from Fernandez's shots, but she survived.

Coffina concluded his review saying that the officer's account was undisputed and shows Fernandez was trying to kill Gomez. He was justified in using deadly force to protect the woman, the children in the apartment and the other officers, Coffina said.

The state's Division of Criminal Justice reviewed the investigation and agreed.

Joe Brandt can be reached at jbrandt@njadvancemedia.com. Follow him on Twitter @JBrandt_NJ. Find NJ.com on Facebook.

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Whistleblower cop says he was punished for reporting wrongdoing in town rife with corruption

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He has sworn affidavits from six current or former police employees, including two high-ranking officers, backing him up

A long-time Clementon police officer has filed a whistleblower suit the borough and top officials claiming Police Chief Charles Grover retaliated against him for raising concerns about misuse of funds and misconduct, among other things.

And he has sworn affidavits from six current or former police employees backing him up.

The 70-page civil complaint filed in Superior Court Monday by Patrolman Joseph McDevitt, 41, of Blackwood, includes affidavits from two current sergeants, the two highest ranking officers below the chief.

They echo what McDevitt said himself in the suit -- that Grover waged a campaign of retribution because McDevitt had spoken out in the past, and that the political corruption within the small borough made it impossible for McDevitt and other officers to fight back against unfair treatment.

The lawsuit describes Clementon as a place where politically-powerful borough officials have appointed police chiefs not on their merit, but on their usefulness as political allies. It even claims that the borough council named Grover police chief after a law firm hired to investigate him for misconduct found he should be terminated.

McDevitt said that retaliation came after he expressed his beliefs about borough officials, the inadequate staffing levels in the department, discrimination and retaliation and the misuse of funds in the borough, among other things.

As punishment, the suit said, Grover made false accusations that led to internal affairs or even criminal investigations into McDevitt, and the stress of the hostile work environment caused him to develop an anxiety disorder earlier this year.

In addition to Grover and the borough, the suit names Mayor Thomas Weaver, Councilmen Mark Armbruster and Jonathan Fisher, Administrator and Clerk Jenai Johnson, and former police chief Randal Freiling.

Armbruster said Monday that the allegations of corruption in the suit were "made up" and that McDervitt is rehashing complaints about the chief and department that have been put to bed.

"Much of what in this complaint has previously been alleged and investigated thoroughly and found to be inaccurate or wrong," he said.

grover.jpgCharles Grover (Facebook)

He said he doesn't believe Grover or Freiling targeted McDevitt, but instead were "walking on eggshells" around him because he frequently filed complaints.

Messages seeking comment from the other defendants were not returned Monday.

In identical sworn statements, Sergeants William Boyle and Robert Worrick said, "Chief Grover has initiated and perpetuated a pattern of retaliation against Officer McDevitt, which I attribute to legal concerns or complaints I am aware Officer McDevitt has raised during his tenure."

Officer Scott Hyndman, former officers Matthew Buchhofer and Kris Austin, and police clerk Suzanne Kunkel said the same and added that there was no "meaningful opportunity for due process or redress from officer concerns or complaints" because the police chief, administrator and council "coordinate in concealing or denying substantiation of concerns."

Asked about the supporting affidavits, Armbruster said the sergeants are friendly with McDevitt and that they might be upset, like McDevitt, about the staffing levels in the department.

"I would love to have a lot more staffing, financially, we can't afford it," he said.

Man sues after being shot by cop who didn't realize he fired

McDevitt sued the department in 2010 under former Chief Freiling, alleging he was retaliated against after he had complained about misconduct by a former sergeant. It's not clear how the case was resolved.

Monday's lawsuit says that after the resolution of his first suit in 2012, under Freiling, the retaliation continued, mostly at the hands of Grover.

Grover was named acting chief in 2016 and promoted to the permanent job in 2017.

"Every allegation made about or concerning Plaintiff in his last several years, even those referred to the Prosecutor's Office, was invalid, baseless, frivolous, knowingly malicious, and retaliatory," he wrote.

Among the things McDevitt said he was targeted for are:

  • The filing of his previous whistleblower suit
  • Complaining that Grover violated laws by misusing resources and falsifying investigations, evidence and overtime
  • Complaining about the "complicity" of borough officials in retaliation and corruption
  • Complaining that the defendants violated the National Labor Relations Act by engaging in unfair labor practices

He said Grover's retaliation against officers often involved changed their schedules without telling them and refusing to honor vacation requests, which caused McDevitt to miss his own sister's wedding.

Among the frivolous investigations into his conduct, he claimed, were two times in 2015 when Grover asked the Camden County Prosecutor to criminally investigate him.

The first was for allegedly stealing a bicycle -- which McDevitt said he had permission to give to a civilian whose own bike had been stolen -- and the second was for being paid for six hours of overtime a year before, which McDevitt said was a payroll error. No charges were filed.

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McDevitt said that earlier this year, the stress of Grover's campaign caused him to develop an anxiety disorder and heart palpitations, and he got permission to use sick time to go to appointments. Grover then placed him on involuntary medical leave June 8 and didn't allow him back for two weeks.

On June 28, Grover erroneously suspended him for abuse of sick time, excessive use of sick time, removing documents from department without permission and insubordination, the suit said.

McDevitt said he used sick time appropriately and had removed documents so he could do work while in his patrol vehicle. The insubordination claim, he said, came because he did not have information regarding a case when the chief demanded it while McDevitt was on medical leave.

The lawsuit said that McDevitt's only recourse was to appeal his three-day suspension to the borough administrator, whom he claims is an ally of the chief. She upheld the chief's decision.

The suit, filed by the firm Karpf, Karpf & Cerutti in Bensalem, Pennsylvania, claims violations of the Conscientious Employee Protection Act and the Family Medical Leave Act, among other laws.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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Jersey Shore bar owners to pay $1.6M to family of woman killed in DWI crash

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Tiffany Soto was a passenger in the car when it crashed in Belmar on Easter Sunday 2014. Her family sued the bar they say served the driver after he was drunk

The family of a New Jersey woman killed when her boyfriend crashed while driving drunk more than four years ago has settled their lawsuit for $1.6 million with the Jersey Shore bar that served him prior to the crash. 

tiffany-soto-2jpeg-81c02fb0883fc321.jpgTiffany Soto 

Tiffany Soto, 26, of Howell, died after she and Edwin Martinez left the now-closed Connolly Station restaurant in Belmar on April 20, 2014. The suit alleged bartenders at Connolly Station continued to serve Martinez after he was visibly intoxicated. 

The settlement was reached with 8th Avenue Ventures, the since-closed bar's corporate entity, in late September. It was first reported by NJLawJournal.com.

The settlement was confirmed Tuesday by the Soto estate's lawyer, Kathleen DiGiovanni of Levinson Axelrod in Howell. 

Soto drove to the bar pick up Martinez, who had been drinking there along, according to DiGovanni. Martinez then got into a dispute with other customers and smashed another patron's car window as Soto waited in her vehicle. He then pushed his girlfriend into the passenger's seat and jumped into the driver's seat, the attorney said. 

Martinez sped down Eighth Avenue toward Route 35 and collided with another vehicle when he went through a red light at the intersection, officials said.  

The Honda Civic then hit a curb, overturned, struck a pole and went airborne, before it ended up in the parking lot of the Belmar Marina. It then struck a pickup truck and came to rest at a fence near the Shark River. 

Soto, who was not wearing a seat belt, was thrown from the car during the crash and landed in the water shortly after 2 a.m. on Easter Sunday, authorities said

The driver of the other car and her passenger were not hurt.

edwin-martinez.jpgEdwin Martinez 

A blood sample taken from Martinez after the crash revealed his blood alcohol content was 0.207, more than two-and-a-half times the legal limit in New Jersey. 

Martinez, now 26, is serving a 10-year sentence at Mountainview Youth Correctional Facility in Annandale, according to the state Department of Corrections. He was sentenced on Sept 9, 2016 after being convicted of death by auto and assault by auto. Martinez will be eligible for parole on Nov. 16, 2022. 

Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.

 

 

 

Truck driver killed in I-295 crash

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The 50-year-old drove onto the the center median and struck several trees Monday in Burlington County

A 50-year-old truck driver was killed in a crash on Interstate 295 in Burlington County on Monday afternoon, State Police said.

Santos Rodriguez, of Camden, drove off southbound side of the road into the center median and struck several trees just before 2 p.m., according to Trooper Alejandro Goez. 

Rodriguez was pronounced dead following the crash near milepost 51.6 in Florence. 

There were no passengers in the truck and no other vehicles were involved.

Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JeffSGoldman. Find NJ.com on Facebook.

 


 


Elevate Pelosi, and she'll deny you 'crumbs' | Feedback

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George Heebner Jr. writes that a Democrat-led House will allow the former speaker to take away the benefits of the 2017 tax cut.

With less than two weeks left before the midterm congressional elections, many of the races have never looked tighter. And, should the Democrats take back control of the House of Representatives, Rep. Nancy Pelosi, D-Calif., is likely to become House speaker once again.

Perhaps you remember Pelosi calling the Republican 2017 federal tax cuts backed by President Donald Trump mere "crumbs,"referring to bonuses that some companies decided to pay employees after those companies received large corporate income tax cuts.

Well, guess what? Pelosi and the Democrats are likely to reclaim for the government the "crumbs" that workers received from the tax cuts and bonuses. Perhaps she believes these are "crumbs" because her own millions of net worth are no longer enough to support a flamboyant and star-studded lifestyle.

Pelosi's situation breaks my heart. I mean, why should this kind and compassionate woman have to suffer so? 

I, for one, would be most honored to sacrifice more of my hard-earned wages for the beloved minority leader. So, let's remember on Nov. 6.

George P. Heebner Jr. Stratford

Send a letter to the editor of South Jersey Times at sjletters@njadvancemedia.com

Friends covered up teen's death with Russian Roulette story, cops say

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Diquese "Dino" Young, 19, a recent high school graduate and athlete, died from a gunshot wound to the head

Two young men are now charged with aggravated manslaughter after authorities said they admitted their earlier story about a friend shooting himself in a game of Russian Roulette was a lie.

Diquese "Dino" Young, 19, a recent high school graduate and athlete, died a week ago from a gunshot wound to the head he suffered Oct. 14, according to the Camden County Prosecutor's Office.

Morton Newman Jr., 20, and Nasir Mason, 19, were charged last week, before Young's death, with aggravated assault and other weapons charges.

At that time, Newman told police Young shot himself in the head at Newman's home when they were taking turns passing around a revolver that wasn't fully loaded, spinning the cylinder and pulling the trigger.

But in the probable cause statement filed with the new aggravated manslaughter charges, authorities said that the two men later told different, conflicting stories, each saying the other was the one who pulled the trigger without meaning to kill their friend.

Newman told investigators he and Mason had been trying to fix a jam in the gun when it fired, the document said.

"He stated the hammer on the revolver was jammed and cocked," the statement said. "At that point, Nasir Mason stated he knew how to fix the revolver. Morton Newman Jr stated that Mason held the bottom of the gun while he (Newman) held the hammer back. The revolver was pointed in the direction of Diquese Young. As Mason pulled the trigger, the hammer went forward, firing the revolver."

Mason, in contrast, said Newman and Young were "playing with a gun and practicing de-cocking the gun while it was pointed toward Young. He stated he observed Newman Jr. accidentally shoot Young... Mason denied ever touching the gun."

The prosecutor's office said Newman had his brother drive him and Young to the hospital. Authorities found them at the MD Anderson Cancer Center, which they mistook for Cooper University Hospital, they said.

Police wrote in previous court documents that they searched several locations, looking for the crime scene, because the young men were not immediately forthcoming.

They eventually found blood on the basement door of Newman's home, and inside, a revolver "lying in a pool of blood."

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

Green bean casserole creator from N.J. has died, and we're thankful for her recipe

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The iconic recipe was created in the test kitchen of Campbell Soup in 1955. Watch video

If you plan on eating green bean casserole this Thanksgiving, the memory of Dorcas Reilly will live on. The inventor of the iconic, easy-to-make recipe died earlier this month at the age of 92.

The day before Thanksgiving last year, Dorcas, slowed by dementia but still glued to the side of her husband and high school sweetheart Tom, spoke about her creation.

"How many ingredients are in the green bean casserole?" Tom quizzed her, sitting in the sunroom of their Haddonfield home.

"About seven," she responded with a smile.

"It's very tasty if it's made the right way," Tom said. "It's a very simple meal. It's comfort food. We've heard many people recognize it as the original comfort food."

Dorcas, who Tom called Dotte, graduated from Drexel University's home economics program in Philadelphia in 1947. She joined the Campbell Soup company in her native Camden shortly afterward. She was working in a test kitchen for Campbell's in 1955 when she came up with the recipe. The goal was to create a wholesome meal out of ingredients many families already had in their kitchen.

The recipe includes a can of Campbell's cream of mushroom soup, four cups of green beans, milk, spices and a can French's fried onions. Prep time is 10 minutes and baking time is 30.

"For those who had the privilege of knowing Dorcas, we greatly admired her humble and unassuming nature," Beth Jolly, a Campbell executive said. "Dorcas would often share that the first time she made her famous recipe, it did not receive the highest rating in Campbell's internal testing. Yet, it was her persistence and creativity that led to an enduring recipe that will live on for decades to come."

Campbell started putting Reilly's recipe on cans of cream of mushroom soup in the 1960s.

Dorcas Reilly_1.jpegDorcas Reilly in the Campbell Soup test kitchen in the 1950s. 

"One of my fondest memories was attending her induction into the National Inventors Hall of Fame," said Jane Freiman, director of Campbell's consumer test kitchen. "Dorcas's recipes have been shared by millions of American families for over 60 years, and I have no doubt her legacy will live on."

A celebration of life will be held for Reilly on Saturday at the First Presbyterian Church in Haddonfield.

Bill Duhart may be reached at bduhart@njadvancemedia.com. Follow him on Twitter @bduhart. Find NJ.com on FacebookHave a tip? Tell us. nj.com/tips

Case shows weakness in N.J. land seizure law | Editorial

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Eminent domain for redevelopment purposes is front and center again with an Atlantic City homeowner's suit against a casino authority.

Nobody expected the subject of taking by "eminent domain" to rear its head in South Jersey this fall, but there it is in Atlantic City, focused on Oriental Avenue, the Monopoly-board and politically incorrectly-named street.

Briefly, a state appeals court panel is slated to hear oral arguments today from homeowner Charlie Birnbaum and from the Casino Reinvestment Development Authority, which thinks it has the right to make the elderly piano tuner give up his three-story residence involuntarily since the agency has a loosely defined redevelopment project slated for the surrounding neighborhood. 

Birnbaum's house sits among several vacant lots near the newly reopened Ocean Resort (formerly Revel) casino hotel, so it's understandable why the CRDA views his humble abode as in the way of bigger, better and more contiguous things. Birnbaum has been fighting the seizure since at least 2012; his lawyers argue that the CRDA's "South Inlet Mixed Use Development Project" is a phantom fantasy without a specific use outlined for Birnbaum's parcel.

Unfortunately, perhaps, a broadened concept of "public taking" became settled law with the U.S. Supreme Court's Kelo v. City of New London (Conn.) decision. A 5-4 court majority made it clear that governments may use the power of eminent domain to acquire privately owned property, even if structures on it are not dilapidated, and the only "higher purpose" the government has is for a private developer to build something new that will produce more tax revenue. Before Kelso, taking by eminent domain was on solid legal footing only when the purpose was public or quasi-public --  a road, a school, a right-of-way for a utility installation.

When Kelo was decided in 2005, it was big news here. Homeowners in stable, mainly middle-class, places such as Westville and Camden's Cramer Hill section were on pins and needles, fearing that declarations of "blight" by their governing bodies would force them to move. As it turned out, these neighbors may have been among the few people happy to see the Great Recession arrive a short time later. Designated redevelopers' grand plans for marinas and upscale condos evaporated, providing a respite for those wanting to save their homes and neighborhoods.

Now, with a recovering economy, the concept of towns declaring "areas in need of redevelopment" is back with a vengeance. Voorhees Towsnhip just used it to revive an underperforming section of the former Echelon Mall, although no decision has been made to "take" the property from the mall's current private owner. There's discord over Cherry Hill's pending outline of a similar designation for parts of the township's older west side.

To get back to Birnbaum, what the appeals judges will have to decide is whether the CRDA's project is fleshed-out enough to meet the Kelo tests, and/or whether Birnbaum and private homeowners like him have since been granted any greater protection under state law. The terrifying reality is that the Legislature has done little for them. The Kelo decision did not bar states from limiting what qualifies for legitimate "taking" for redevelopment use. 

A weak state reform law in 2013 was largely forced by the state Supreme Court's ruling in Gallenthin v. Paulsboro. The case was won by commercial landowner George Gallenthin, resulting in a more restrictive definition of "blight." But private-property advocacy groups such as the Castle Coalition still give New Jersey an "F" for preventing eminent domain abuse. Whether or not the appellate court's future Birnbaum ruling illustrates the need for more legislative action, there are still loopholes that ought to be closed.

Send a letter to the editor of South Jersey Times at sjletters@njadvancemedia.com

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Which N.J. schools have the best test scores? See how yours ranks

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Scores are better overall but many students are still falling short.

PARCC testing might be on the way out in New Jersey, but that doesn't mean the scores don't count for anything. 

The state last week released the latest test scores for every public school, results that will be used in New Jersey's new school rating system and some teachers' performance reviews

The math and English scores from spring 2018 show small gains statewide. As expected, the results in schools and districts are largely tied to zip code and income, as with nearly all standardized testing. 

The best scores commonly came from affluent communities and specialized high schools with selective enrollment. 

The worst scores? Schools in urban areas serving students from low income families, including many who are learning English as their second languages. 

Checkout the lookup tool below to sort the results for every public school. 

The tests were graded on a scale of 1-5, with students scoring a 4 or a 5 considered to be meeting the expectations of their grade level. Those scoring a 3 are "approaching" the expected performance, while students earning a 1 or 2 need significant improvement.

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Adam Clark may be reached at adam_clark@njadvancemedia.com. Follow him on twitter at @realAdamClarkFind NJ.com on Facebook.  

 
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