‘Major problem’

Schweers was involved with Vitello’s case while working under Warshaw in 2009. He admitted in his deposition he was ordered by Warshaw, then the Monmouth first assistant prosecutor, not to hand up Vitello’s indictment.

Schweers went back to the grand jury after a plea was worked out to rescind the indictment.

Vitello was indicted for official misconduct, terroristic threats and weapons offenses in August 2009.

He allegedly pointed a handgun at several cops and told a special resource officer he would “kick his a--.”

He pleaded guilty to a petty disorderly person offense in October 2009 in front of Monmouth County Superior Court Judge Richard English.

Several former New Jersey prosecutors told The Trentonian they have never asked grand jury panels to rescind indictments. They said it is common to dismiss indictments after pleas are reached.

The unprecedented step allowed Warshaw to circumvent then-attorney general Anne Milgram.

Warshaw would have needed Milgram’s permission before approving the cop’s plea if the indictment was handed up.

Milgram would have had a “major problem” with allowing Vitello to plead guilty to harassment, pay a $153 fine and be banned from being a New Jersey cop, Schweers said.

Furlong believes Warshaw’s interference with the grand jury was “derelict” and could be official misconduct under New Jersey’s broad statute encompassing “unauthorized exercise(s) of official functions.”