Judge declares hate crime trial of N.J. police chief a mistrial
CAMDEN >> A judge in the Frank Nucera hate-crime trial declared a mistrial Friday morning after a jury remained deadlocked following eight days of deliberations over whether the ex-police chief struck a black handcuffed suspect as part of a racially motivated beating in 2016.
U.S. District Court Judge Robert Kugler read the jurors’ note stating they were at an impasse around 11 a.m. following about 45 hours of deliberations in the threeweek trial.
The judge polled the jurors and each responded “no” when asked whether they believed there was a chance they’d reach a verdict. He declared a mistrial on the remaining counts of hate-crime assault and deprivation of civil rights, each carrying up to 10 years in the slammer.
“Please do not be disappointed. You did not let anyone down. You did your best,” Kugler told the panel. “You should be proud of your service. As jurors, you are the people who speak for the people of this nation. This is how our democracy works.”
The 12-member panel, consisting of three black women, on Wednesday delivered a guilty verdict on count three of the indictment that charged the former Bordentown Township police chief with lying to the feds.
With a retrial all but certain, the defense still touted the hung jury as a “victory” for the elusive Nucera, who has escaped at least three previous criminal investigations without charges — one by the feds in 2007, another billing fraud case by the state AG’s office in 2005, and excessive force inquiry by the Burlington County Prosecutor’s Office in 2000.
“We were hoping for a not guilty,” Nucera’s attorney Rocco Cipparone Jr. told reporters at a news conference following the mistrial. “I still believe that would have been the correct verdict. If you can talk about something for eight days, that’s inherently indicative of reasonable doubt. At least for now, this weight has been lifted from Frank Nucera’s shoulders. He’s held his head high throughout this process.”
This time, the feds were more successful after two of Nucera’s former rank-and-file, Sgt. Nathan Roohr and Detective Sgt. Salvatore Guido, implicated the former chief in the assault when they took the stand.
Many township cops lost faith that Nucera, who became chief in 2006, would ever pay for his alleged misdeeds over more than three decades on the force.
The Trentonian during the trial published a long-buried recording from then-state AG investigator Tony Luyber saying in 2007 he wanted Nucera indicated. The case was closed for “political” reasons, according to court filings.
Then-AG corruption chief Lewis Korngut, now a municipal judge in Lawrence Township, hotly disputed that suggestion claiming he signed a close-out memo due to lack of evidence, based on the lead prosecutor Susan Case’s interpretations of the strengths and weaknesses of the case.
Another cop, Evan Jones, came forward saying his excessive force allegations against Nuera in August 2000 were deep-sixed by the BCPO. Jones, coming forward in an exclusive interview nearly 20 years later, claimed Nucera kicked and stood on the neck of handcuffed drug suspect Lawrence Driver Jr., of Trenton.
Jones’ name was mentioned during the hate-crime trial, on a recording of the government’s star witness, Roohr, who worried he’d become the “next Evan Jones” if Guido didn’t remember Nucera’s assault on Stroye.
Roohr said the police chief slammed Timothy Stroye’s head “like a basketball” against a metal doorjamb on the second floor of the Ramada Inn on Sept. 1, 2016.
Police were called to the township hotel after a manager mistakenly believed Stroye, then 18, and his 16-year-old girlfriend were swimming in the pool without paying for a room. Stroye and his girlfriend scuffled with cops before backup arrived and subdued them.
Lt. Shawn Mount, who re-aggravated an existing, back injury described it as the fight of his life and even considered pulling his piece.
Roohr said the scuffle was over, and the handcuffed Stroye was only using “hurtful words” about intending to sue cops when Nucera lashed out at him.