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Professor found guilty of sexually assaulting disabled man

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Rutgers-Newark professor Anna Stubblefield was convicted of two counts of aggravated sexual assault for abusing a disabled man in her Newark office in 2011

NEWARK -- As the jurors walked out of the Newark courtroom on Friday, Rutgers-Newark professor Anna Stubblefield sat slumped over at the defense table, weeping with her head against her hand.

The jury had convicted the 45-year-old philosophy professor of sexually assaulting a 34-year-old disabled man, known as D.J., who has cerebral palsy and is unable to speak beyond making noises. Psychologists have determined he is mentally incompetent and cannot consent to sexual activity.

Stubblefield had claimed she and D.J. fell in love, saying he is not intellectually impaired and was able to communicate through a controversial typing method, known as "facilitated communication."

But after less than three hours of deliberations between Thursday and Friday, the jury ultimately determined D.J. was unable to consent to the sexual acts in Stubblefield's Newark office in 2011 and found her guilty of two counts of first-degree aggravated sexual assault.

Stubblefield is now facing between 10 and 40 years in state prison when she is sentenced on Nov. 9.

After the jury had left the courtroom, Stubblefield's attorney, James Patton, asked Superior Court Judge Siobhan Teare to allow Stubblefield to remain released on bail until her sentencing.

Patton argued Stubblefield does not present any danger to the community or a risk of flight, and noted that she has no criminal history.

"I think every one of us agrees that this has been a very unusual case," Patton told the judge. "She fell in love. She has no prior history of sexual misconduct whatsoever. She has no criminal record."

Patton also said Stubblefield is responsible for taking care of her 15-year-old daughter and he provided the judge with a letter from a psychotherapist who has been assisting the teenager. Stubblefield is the "sole custodial parent" of her daughter, who has been estranged from the girl's father, Patton said.

Patton said Stubblefield needed time before her sentencing to find the appropriate care for her daughter.

But Teare rejected Patton's request, revoked Stubblefield's bail and ordered her to be taken into custody.

"It is one thing to be accused," Teare said. "It is another thing to be convicted, not on one, but on two first-degree crimes.

"I think the risk of flight is great," the judge added.

As Stubblefield continued crying, her mother approached the front of the courtroom, but a sheriff's officer instructed her to return to her seat. Another sheriff's officer then placed Stubblefield in handcuffs behind her back.

"Take care of my daughter, please," Stubblefield said through tears before she was ultimately escorted to a holding cell.

Outside the courtroom afterward, Patton said they were "disappointed" in the verdict and vowed to appeal the conviction.

"We will be pursuing an appeal," Patton said.


MORE: Jury begins deliberations in professor's sex assault trial

The verdict was reached soon after the jury returned to court on Friday morning. After deliberating for less than two hours on Thursday, jurors deliberated for about 45 minutes on Friday before notifying the judge that they had reached a decision.

Essex County Assistant Prosecutor Eric Plant, who tried the case, later said in an interview that the amount of jury deliberations was "an indication of how well they paid attention during the trial and were able to come to a verdict because of the overwhelming amount of evidence."

"This is a professor at a respected university who used her position of power to take advantage of a severely disabled individual, not only to satisfy her own sexual desires, but also to use him additionally to further her career," Plant said.

Over the roughly three-week trial, the case largely reflected the ongoing debate over the effectiveness of facilitated communication.

Advocates of the method claim facilitators provide physical support to assist users with typing on a keyboard. But critics have said the method is ineffective in light of studies showing facilitators influencing the users' messages.

Stubblefield, a West Orange resident, has claimed D.J. is not intellectually impaired and that he was able to consent to the sexual acts through facilitated communication.

Stubblefield originally met D.J. in 2009 through his brother, then a Rutgers student, who was taking a course of Stubblefield's during which the professor showed a video about the method. The brother later asked her for more information about the method to see if it might help D.J.

Over the following two years, Stubblefield worked with D.J. through the technique. She claimed he was able to communicate through the typing method, including by writing papers that were presented at conferences and essays for a literature class at Rutgers.

Stubblefield said she and D.J. fell in love and ultimately disclosed their sexual relationship to his mother and brother in May 2011.

After the sexual assault allegations surfaced, Rutgers placed Stubblefield on administrative leave without pay and stripped her of the title of chairwoman of the philosophy department.

But Plant presented testimony from experts who had evaluated D.J. and collectively found he has intellectual disabilities and is unable to consent to sexual activity. D.J. also is physically disabled, wears diapers and requires assistance with walking, bathing, dressing and eating, his family members said.

Plant also highlighted how studies have shown facilitated communication does not work and that several scientific organizations have issued statements that the technique is invalid.

As the final witness in the trial, James Todd, a psychology professor at Eastern Michigan University, testified for the state about how every "methodologically sound" study of facilitated communication has determined it to be an invalid means of communication.

"It's become the single most scientifically discredited intervention in all of developmental disabilities," Todd said.

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.


Juror explains why professor was convicted of sexually assaulting disabled man

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A female juror said the panel didn't believe Rutgers-Newark professor Anna Stubblefield's claim that she communicated with the disabled man through "facilitated communication"

NEWARK -- Accused of sexually assaulting a disabled man, known as D.J., who cannot speak beyond making noises, Rutgers-Newark professor Anna Stubblefield had claimed she communicated with him through a controversial typing method.

But one of the jurors who convicted Stubblefield on Friday said the panel didn't buy that argument.

"Especially the communications she was supposedly having with (D.J.) and that he was doing all of this talking, we didn't believe it," the juror said.

In an interview with NJ Advance Media after the verdict was handed down, the female juror explained why the jury found Stubblefield, 45, of West Orange, guilty of two counts of first-degree aggravated sexual assault for abusing the 34-year-old D.J. in her Newark office in 2011.

Soon after the panel began its deliberations on Thursday, the group was convinced of Stubblefield's guilt, according to the juror, who declined to provide her name.

The juror said "you don't want to see someone go to jail," but added that "once we started talking about it, everybody kind of agreed that it was wrong."

After less than two hours of deliberations, the panel, however, "wanted to give it a little more time," and decided to continue their deliberations on Friday morning, the juror said.

But after deliberating for about 45 minutes on Friday, the juror said the panel remained certain and notified the judge that it had reached a decision.

"We still talked about it more, but there was no change," the juror said.


MORE: Professor found guilty of sexually assaulting disabled man

After the verdict was delivered, Superior Court Siobhan Teare revoked Stubblefield's bail and remanded her to the Essex County jail. Her sentencing is scheduled for Nov. 9.

In a hearing a few hours later, Stubblefield's attorney, James Patton, reiterated his argument that she be released from custody. Patton suggested Stubblefield be placed on 24-hour house arrest with electronic monitoring.

Patton argued Stubblefield is not a danger to the community or a risk of flight. He stressed that Stubblefield needed to make arrangements for how her 15-year-old daughter would be cared for after her sentencing. The daughter suffers from psychological issues, Patton said.

"What needs to be done is there needs to be a transition to a new caregiver situation and I think it's important that Dr. Stubblefield participate in that transition as she's most familiar with the symptoms and the problems and the issues that the daughter faces," Patton said.

Anna StubblefieldAnna Stubblefield's booking photo after she was placed in custody on Friday, Oct. 2, at the Essex County Correctional Facility.

But Teare said electronic monitoring was not an option in the Superior Court system and said she had never heard of house arrest being permitted either.

The judge said she felt sorry about the circumstances involving Stubblefield's daughter, but said it seems "irresponsible" for Stubblefield to not have made preparations for her daughter's care, knowing that a conviction was possible.

Teare said there is no entitlement to bail after a conviction and that Stubblefield must be treated the same as other defendants convicted of first-degree crimes.

"It's a matter of dealing with reality and that was always a possibility," the judge said, referring to the guilty verdict. "It's not easy for me, but that's just the way it is."

Over the course of the roughly three-week trial, prosecutors presented testimony from psychologists who had evaluated D.J. and determined that he is mentally defective and cannot consent to sexual activity.

D.J., who suffers from cerebral palsy, wears diapers and requires assistance with walking, bathing, dressing and eating, his family members said.

Stubblefield claimed D.J. is not intellectually impaired and said he gave his consent through the technique known as "facilitated communication."

With that method, Stubblefield said she provided physical support while D.J. typed messages on a keyboard. Critics have said the method is ineffective in light of studies showing facilitators influencing the users' messages.

Stubblefield met D.J. in 2009 through his brother, then a Rutgers student, who was taking a course of Stubblefield's during which the professor showed a video about the method. The brother later asked her for more information about the method to see if it might help D.J.

While working with D.J. through the technique over about two years, Stubblefield said they fell in love, and ultimately disclosed their sexual relationship to his mother and brother in May 2011.

After the sexual assault allegations surfaced, Rutgers placed Stubblefield on administrative leave without pay and stripped her of the title of chairwoman of the philosophy department.

But the juror said she believed the state's experts about D.J.'s mental defectiveness and did not accept Stubblefield's claims about facilitated communication.

The juror said it appeared Stubblefield's plan was "to get status or to say...'Look, what I've done'" for D.J. in helping him to communicate.

"In one sense, maybe she did fall in love with him, but it was just too much manipulation," the juror said.

While on the witness stand, Stubblefield was "very arrogant," according to the juror. The juror specifically criticized Stubblefield's claims about her office being a private space and that the sexual acts there were not the university's business.

"I thought that was ridiculous," the juror said.

The juror also indicated that seeing D.J. in the courtroom made an impact on her. In his only appearance during the trial, D.J.'s mother escorted him into the courtroom on the first day and introduced him to the jury.

"I couldn't understand why she did it when I did see him," the juror said, referring to Stubblefield. "I was like...'You're going to leave your husband and your kids for someone like this?'"

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Grandparents Day celebrated at senior community in West Orange

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WEST ORANGE — Green Hill Senior Living in West Orange celebrated Grandparents Day on Sept. 20 with games, entertainment and food. Residents and their families celebrated on the community's 12-acre campus as part of National Grandparents Day. National Grandparents Day was started by Marian McQuade, a West Virginia housewife who, according to the National Grandparents Day Council, wanted to "champion...

ex1004senior.jpgLorraine Sauter with her daughter Kim and family Nivia, Gabriel and Isabella at Green Hill Grandparent's Day on Sept. 20 in West Orange. 

WEST ORANGE -- Green Hill Senior Living in West Orange celebrated Grandparents Day on Sept. 20 with games, entertainment and food.

Residents and their families celebrated on the community's 12-acre campus as part of National Grandparents Day.

National Grandparents Day was started by Marian McQuade, a West Virginia housewife who, according to the National Grandparents Day Council, wanted to "champion the cause of lonely elderly in nursing homes. She also hoped to persuade grandchildren to tap the wisdom and heritage their grandparents could provide.

President Jimmy Carter, in 1978, proclaimed that National Grandparents Day would be celebrated every year on the first Sunday after Labor Day." McQuade died in 2008.

Green Hill is located at 103 Pleasant Valley Way in West Orange. For more information, go to green-hill.com or call 973-731-2300.

To submit news for the Senior Spotlight column, please call 973-836-4922 or email essex@starledger.com.

1 dead after fire in Essex County, official says

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One person was found dead after a fire in a residential area of the city Saturday night, authorities said.

police lights file photo.jpgOne person was found dead after a fire in East Orange Oct. 3, 2015, officials said. (stock image) 

EAST ORANGE -- One person was found dead after a fire in a residential area of the city Saturday night, authorities said.

Investigators were responding to the scene on Netherwood Terrace, according to Essex County Prosecutor's Office Chief of Detectives Anthony Ambrose.

Officials could not immediately provide additional details on the death. The county prosecutor's office was handling the investigation. 

Noah Cohen may be reached at ncohen@njadvancemedia.com. Follow him on Twitter @noahycFind NJ.com on Facebook.

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Montclair man struck and killed after leaving Bloomfield bagel shop

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Gary Moore, 69, was pronounced dead at the scene after being struck on Broad Street Monday morning

big stock siren.jpgA Montclair man was struck and killed while crossing Broad Street in Bloomfield Monday morning, authorities said. (File Photo)

BLOOMFIELD - A 69-year-old Montclair man died after being struck by a vehicle while crossing Broad Street early Monday morning.

According to Acting Essex County Prosecutor Carolyn A. Murray and Bloomfield Police Director Samuel Demaio, Gary Moore entered the road after leaving Hot Bagels Abroad & Deli at around 6:14 a.m.

He was struck by a Toyota Corolla, and was later pronounced dead at the scene, Murray and Demaio said.

The driver, a 39-year-old Bloomfield man, remained on the scene. He has not been charged.

An investigation into the incident is ongoing, authorities said.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

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Whole Foods nixes security company that detained 70-year-old shopper

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The company that previously handled security for the Millburn-Union store has been replaced, a spokesman said.

whole foods.jpgThe company that previously handled security for the Millburn-Union store has been replaced, a spokesman said. File photo. (Jessica Remo | NJ Advance Media for NJ.com)
 

VAUXHALL -- A security company that detained an elderly woman and banned her from all of the Whole Foods locations in the tri-state area after she walked out of the store with some cheese left in her cart has been fired, a store spokesman said Monday.

"As promised, we've reviewed our security procedures for the store and the firm we previously contracted with has been removed and replaced," Michael Sinatra, a spokesman for the company, said in an email to NJ Advance Media.


MORE: Senior citizen banned from supermarket, defended on social media

He did not respond to questions asking what firm the store had previously contracted with, or if the swap would affect other Whole Foods locations.

The change comes after a social media frenzy erupted at the news of a 70-year-old woman, who reportedly said she was detained by store security and banned after accidentally walking out of the store with the cheese. The woman had checked out already, and didn't notice the cheese under her bag in the cart, she told TAPintoSOMA.com.

After locals reacted violently to the situation on social media, the Millburn-Union store released a statement apologizing for the incident. Sinatra said Monday that the company has reached out to the woman, Margaret Dooley of Maplewood, but has not yet heard back from her.

"We welcome her call and hope to make this situation right," he said.

Dooley has not yet responded to a request for comment.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

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Selena Gomez announces N.J. date for new tour

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Sultry pop star Selena Gomez will soon be back on the road and is set to revisit New Jersey

NEWARK -- Sultry pop star Selena Gomez will soon be back on the road and is set to revisit New Jersey. 

Gomez announced Monday a new world tour set for 2016, which includes a June 2 date at Prudential Center in Newark. She last played New Jersey in Oct. 2013, also at Prudential Center. 

The Revival tour will support the 23-year-old's eponymous, sophomore LP, released Friday. The album features current Billboard Top 10 smash "Good For You."  

"This album marks a new and very important chapter in my life," Gomez said in a statement. "I cannot wait to get on stage and perform this new material." 

Gomez joins Janet Jackson and The Who among Prudential Center's most anticipated 2016 events. 

An opener for the show has not yet been announced. 

Tickets go on sale Saturday at 10 a.m. on Ticketmaster.com.

Gomez's rise, from cutesy Disney star to bonafide dance-pop force has mimicked the path of Britney Spears, Christina Aguilera and Justin Timberlake. The music video for "Good For You" currently has 140 million views on YouTube. 

Bobby Olivier may be reached at bolivier@njadvancemedia.com. Follow him on Twitter @BobbyOlivier. Find NJ.com on Facebook.

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Slaying at Newark housing project marks city's 80th of 2015

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The city recorded 93 homicides during all of 2014

NEWARK -- One person is dead after a shooting at the Garden Spires housing project Monday night.

Essex County Prosecutor's Office Chief of Detectives Anthony Ambrose confirmed that homicide detectives were called to the Central Ward complex shortly before 8 p.m. He could not immediately provide additional details.

The slaying marks the 80th of the year in Newark, which recorded 93 homicides during all of 2014.

Garden Spires, comprised of two towers on First Street adjacent to Branch Brook Park, has long been a hotbed of violence and drug activity.

visit by city officials earlier this year found mold, crumbling walls and grim conditions in its 500 units, though a deal is currently in the works to have the complex refurbished.

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.


Newark man keeps wife's fight against cancer alive

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Rizal Gilmore promised his wife that he would continue the fight against cancer that took her life two years ago.

The story he tells makes you want to cry.

Rizal and Latoshia A. Gilmore were high-school sweethearts in Newark. Five years into their marriage, she felt a lump in her breast, but thought nothing of it. 

 It, however, turned out to be something.  At 30 years old, she was diagnosed with stage four cancer and it was aggressive. Doctors gave her two years. That gut punch in 2007 made them double over, but not for long.

"I said, no,'' says Gilmore, 41, of Newark.  She did, too.

They fought the disease for six years until it spread to her brain in 2013. She died June 14th of that year. 

Gilmore remains defiant, but he's incredibly upbeat in his quest to prick your conscious about cancer. So this is where you dry your tears, because he makes you want to join his crusade to find a cure.

"Even though she's tired and resting, I promised her I would finish the fight for her,'' Gilmore says.

latoshia1014308_10201395922567906_400363069_n-11-300x300.jpgLatoshia A. Gilmore died from cancer two years ago, but her husband, Rizal, continues the fight against the disease. 

Gilmore walks people who have cancer through the process. He encourages them, tells them what to expect. They could be strangers or friends, or patients at St. Michael's Medical Center in Newark, where his wife underwent treatment. His dad, Blakely Gilmore, had been there, too, before he died of prostate cancer in 2011.

Ashley Alequin, a receptionist in the hospital's cancer center, remembers Gilmore's visits to cheer up patients, calling him an inspiration.

"They always smiled when he talked to them,'' Alequin says. "He made them feel happy."

On one visit, he befriended Ron Alston, an Irvington community activist who has prostate cancer. The two hit it off and they learned, weeks later, at a funeral why they meshed. They're cousins.  

"We've been together ever since,'' Alston says.

After Latoshia died, Gilmore regularly continued to visit patients at the hospital. He sees them now when he can, praising the staff for their care. In fact, he was just there recently to drop off fliers for a cancer awareness program that he's sponsoring Friday at Newark Symphony Hall.

He's doing it through the G.A.L. Foundation, which he started in 2013 in memory of his wife. The initials are her name in reverse - Gilmore Ann Latoshia - because that's the way it appeared on medical charts.

The Symphony Hall event - a dinner and entertainment - is the foundation's first fundraiser. Gilmore says funds that are raised will be used to assist families of cancer patients with their everyday expenses.

This is how Gilmore copes. A father of two daughters - Madison, 11, and Denisha, 20 - Gilmore stays busy with the foundation when he's not earning a living selling used motorcycle parts.

The foundation work helps him get through the times when he's emotional, something that happened this past Saturday as he was speaking at a cancer awareness luncheon in Newark.

"Take your time, baby,'' said one of the ladies. 

He picked up a picture of a crucifix with the word "faith'' written underneath it. This sustains him, he says, and everyone needs it to win against cancer.

On Sunday, he drew strength from people he met during a cancer walk in Newark's Ironbound section. But they latched on to his energy when he told his story at East Side High School at an event following the walk.

"There are not many people who take the time to give back to those who are in the fight,'' says Elizabeth Lespier, a Newark resident diagnosed last year with breast cancer who attended Sunday's event.

October is Breast Cancer Awareness Month, but the fight is year-round for Gilmore. "A lot of people are still in the dark, until it happens to them or their family,'' he says.

Gilmore doesn't want anyone to be alone dealing with the disease. That's why he's is a magnet of positive thinking, a sounding board for people to share their stories.

Rhonda Jackson, of Linden, met Gilmore last year through a friend who thought they should connect to talk about her ordeal.

She had her family, but Jackson, who is now cancer-free, says she wished she would have known Gilmore when she was diagnosed in 2009.

"He gives a lot of encouragement for you to move on,'' Jackson says.  "When you talk to him you're uplifted.''

Gilmore doesn't turn down invitations to speak or collaborate with others to spread the word. There is a Maryland chapter of his foundation, which is headed by Kim Wilson, a cancer survivor and his good friend.

"I've always known him to be a go-getter,'' Wilson says. "If he has his mind set to do something, he's going to do it.''

He did what he could for Latoshia. He studied foods with antioxidants. He took pictures of her before the disease wore her down, so she would be reminded of her beauty.

On good days, they'd go on motorcycle rides."Survive to ride" is written on one side of her pink bike and "ride to survive'' is on the other side.

She did her part. Gilmore wants you to do yours. He wants you to fight and live.

Barry Carter: (973) 836-4925 or bcarter@starledger.com or nj.com/carter or follow him on Twitter @BarryCarterSL

Poll: Should Whole Foods have banned 70-year-old shopper?

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NJ.com readers left passionate comments on both sides of the debate.

whole foods.jpgFile photo of Whole Foods. (Jessica Remo | NJ Advance Media for NJ.com)
 

VAUXHALL -- The cheese stood alone - in a 70-year-old woman's Whole Foods shopping cart on Oct. 4, and has since caused a debate with passionate opinions on both sides.

According to reports, Margaret Dooley walked out of the Millburn-Union Whole Foods after paying for her order, not realizing (she says) that she had some cheese under her purse in her cart. A company hired to provide security at the store reportedly stopped the woman, questioned her, took her photo, ran a background check on her, and banned her from ever stepping foot in tri-state area Whole Foods locations.

The incident sparked a social media firestorm, prompting Whole Foods to issue an apology, and replace the security company at the store with another one.

NJ.com readers were split, with some feeling that Dooley was treated unfairly, and that the supermarket's security team should have been more understanding.

"This treatment of a customer under these circumstances seems heavy handed," Anthony wrote. "Let them pay for the forgotten item and return as a local community customer."

Others thought that Whole Foods was in the right.

User X666x said, "Whether she did it accidentally or on purpose really makes no difference. She should own up for her actions. Not being charged, but being banned from the store is more than reasonable."

Some commenters questioned the roles that the woman's age, and the use of social media, played in the reaction to this incident.

YourMaster said, "She's old and 70 it's not her fault...When will it stop? She's old and 22 just let her steal your items!"

"Nobody would have known about this incident if the woman didn't plaster it all over Facebook," Riles246 said. "It was her mistake to accidentally shoplift, not Whole Foods'."

Do you think the security firm at Whole Foods was justified in banning the woman? Should Whole Foods have replaced the firm? Vote in the poll above.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

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Why fixing Route 24 bottlenecks may be up to you. Ask @CommutingLarry

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Two infamous bottlenecks on Route 24 have been forcing drivers to squeeze from three to two lanes for years. Are there plans to eliminate them? Ask @CommutingLarry

Will two areas of Route 24, which lose a lane in both directions, ever be widened? The answer about the twin merger trouble is in the Ask @CommutingLarry mailbag.

Drivers on Route 24 have suffered the indignity of losing a lane in both directions, in Millburn and at the border of Summit and Springfield. The result, especially during the commuting peak, is backed-up traffic and the unpleasant fender-to-fender dual when three lanes merge to two.

An NJ.com reader e-mailed us to find out if there are any plans to end the big squeeze.

Q: "Is anything in the works to fix the Route 24 bottlenecks, both westbound caused by the Short Hills merge and lane reductions, and eastbound caused by the Springfield I-78/24 merge and lane reductions?"
 

A: We asked Dan Triana, a spokesman for the state Department of Transportation. Drivers are not going to like the answer.

"NJDOT does not have any current plans to widen the roadway in the Route 24, I-78, Short Hills Mall area," he said. "NJDOT currently has not received any requests to look into road widening or traffic flow improvements in the area."

wiz.jpg

GOT QUESTIONS?

Ticked off about mass transit? Wondering about road construction? E-mail your questions to NJ.com's transportation expert Larry Higgs. He'll answer your questions on Tuesdays and Thursdays on NJ.com. You can also Tweet @CommutingLarry.

According to DOT statistics, traffic near the Summit, Springfield merge on Route 24 west has grown from 99,115 annual average daily vehicles using the section of Route 24 in 2009 to 104,996 this year. The DOT counted 97,086 vehicles near the Millburn merge on Route 24 east in 2009.

However, Route 24 doesn't even have a project on the DOT's "to do" list for the next five years.
 
But Triana left the door open for anyone who wants to get the ball rolling.

"Once a request is received from local area officials, NJDOT does it best to work closely with the community on addressing recommendations or concerns," he said.


RELATED: NJ Transit to lead Amtrak tunnel study


So drivers who want to get something started might consider contacting their elected officials about the problem. A good place to start is with the county representatives to the North Jersey Transportation Planning Authority. Representatives from Union and Essex County freeholder boards are among the NJTPA's leadership.

That agency consists of 13 north and central counties, which work on obtaining federal funding for projects and studying the need and future projects. 

Whether it's an issue that's in north, south or central Jersey, we'll try to get answers to questions, whether it's about widening highway lanes across a bridge or getting a reason why a commuter train is arriving on the wrong track.  Send us yours.

Larry Higgs may be reached at lhiggs@njadvancemedia.com. Follow him on Twitter @commutinglarry. Find NJ.com on Facebook.

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Bringing plant life back to Thomas Edison's N.J. home

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Volunteer group was recently awarded for its horticultural work at the Glenmont Estate in West Orange.

WEST ORANGE -- It's a natural display that would make the father of electricity proud.

A group of trained volunteers from the Rutgers Master Gardeners of Essex County says it has been restoring the flowerbeds at the Glenmont Estate, the former home of inventor Thomas Edison, since 2009. Once robust, the gardens on the 15.7-acre grounds of the estate, located in the gated Llewellyn Park section of West Orange, had fallen flat by the 2000s, the group said.

"There really wasn't much there beforehand," Pat Hewitt, the president of the Rutgers Master Gardeners of Essex County, said of the estate's landscaping. "The gardens had lapsed into just a grassy area."


ALSO: 4th graders testify for their bill naming Thomas Edison as N.J.'s official inventor

The work to restore the garden over the past six years has been extensive, members said. The group has planted beds of flowers where they previously thrived, and has added companion gardens to the land, it said. The grand oval flowerbed that greets visitors to the national historic site as they enter the main drive was another of the group's additions to the property.

For their work, the group recently received the "Award of Excellence" from the statewide Rutgers Master Gardeners Association of New Jersey, which trains volunteers throughout the state to engage in local horticultural projects.

Each year, Rutgers recognizes projects from each of its county associations, said Jan Zientek, the school's Agricultural Senior Program Coordinator. He called the Glenmont project a "unique collaboration" between the master gardeners and the National Parks Service.

"This project (is) really helping the estate shine," he said. 

According to the national park service, Edison purchased Glenmont in 1886. Trees dating back to at least the 1840s were incorporated into the estate's landscape design, it says.

The group says it plans additional projects at the site in the future.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

Tips to finding the best fall foliage this season

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New Jersey tree experts agree this is not a banner year for autumn color.

Tree experts agree it's not a banner season for fall foliage here in New Jersey. The drought conditions that started this summer and persisted into fall caused many trees to drop leaves early. So what's a Garden State leaf-peeper got to do to get a foliage fix?

Don't despair. According to Tom Sheppard, Chief Park Naturalist at the Hunterdon County Department of Parks and Recreation, there are still good opportunities to find good fall color.


PLUS: Take our autumn leaf quiz

"If you're going out to see seasonal changes, try to get into the river systems. This is where the trees have been able to tap into a more established water table."

Sheppard thinks it will be these trees that may display colors for a longer period of time. Some suggestions by Sheppard include a drive down River Road along the South Branch of the Raritan River from Califon into the Ken Lockwood Gorge in Lebanon Township.

"New Jersey Conservation Foundation's Wickecheoke Creek Preserve is another good option," according to Sheppard. It's a Delaware River tributary in the Western Piedmont region of Hunterdon County whose headwaters begin on the Croton Plateau and descend down to the Delaware River at Stockton.

Farther to the north, you might also consider a ride along the Delaware River. Sheppard mentions a stretch from Phillipsburg in Warren County south through Riegelsville to Milford as another possibility.

As for the trees, well, maples do pretty well in drier conditions. Trees like the sugar and red maple typically have a larger moisture reservoir which help them get through a longer dry spell. Look for these trees to still put on a good show of orange and red colors.

Sugar.JPGA sugar maple tree in Hunterson County begins to show autumn color  

Wondering how those colors happen? It's all about the chlorophyll a tree produces throughout the spring and summer. Chlorophyll gives leaves their green color. As the nights get longer during early fall, trees get ready for winter by blocking the chlorophyll from getting to the leaves.

The lack of chlorophyll in the leaf allows the yellow (xanthophylls) and orange (carotenoids) pigments in the leaf to become visible. Red and purple pigments (anthocyanins) are created from sugars that are trapped in the leaf. The pigments are responsible for the stunning color changes.

So get out there and find some color. And don't forget to take a look through the gallery above to help you identify those autumn leaves.

Andre Malok may be reached at amalok@njadvancemedia.com. Follow him on Twitter @AndreMalok. Find NJ.com on Facebook.

Authorities ID victim in Newark public housing complex killing

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The victim in the 80th homicide of 2015 in Newark is a 28-year-old Ewing Township man, according to police reports.

NEWARK -- Authorities have identified the victim shot to death Monday at the Garden Spires public housing complex as a 28-year-old Ewing man.

Andre Green Jr. suffered multiple gunshot wounds in the shooting, police reports said. He was pronounced dead at the scene after emergency personnel found him lying in a 7th floor hallway at one of the complex's two towers at approximately 8 p.m., the reports said.


PREVIOUS: Man killed in fatal shooting at Newark housing complex

Essex County Prosecutor's Office Chief of Detectives Anthony Ambrose confirmed Monday that an investigation by the department's Homicide Task Force is ongoing.

Green's death marks the 80th homicide in Newark since the start of 2015. In 2014, officials recorded 93 homicides.

Garden Spires, located in the city's Central Ward, has for years been a center for violence and drug activity.

visit by city officials earlier this year found mold, crumbling walls and grim conditions throughout its 500 units. A deal is currently in the works to have the complex refurbished.

Vernal Coleman can be reached at vcoleman@njadvancemedia.com. Follow him on Twitter at @vernalcoleman. Find NJ.com on Facebook.

Baraka, Fulop among pols backing N.J. janitors' push for $15 wage

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Approximately 7,000 public service workers belonging to the 32BJ SEIU union are hoping for the salary bump as part of negotiations for a new contract that began Tuesday morning Watch video

NEWARK - A coalition of politicians, clergy and other leaders gathered in Newark Tuesday to push for a $15 per hour wage for thousands of janitors around the state.

Newark Mayor Ras Baraka, Jersey City Mayor Steven Fulop and Plainfield Mayor Adrian Mapp were among the notable supporters for 32BJ SEIU as it kicked off contract negotiations with employers at the Hilton hotel by Newark Penn Station.

Those at the bargaining table for the union say they are fighting for not just higher wages, but more full-time jobs that will provide their members with much-needed healthcare benefits.

"The dignity of a person means you don't work full-time in New Jersey and live below the poverty line," said Father Tim Graff of the Archdiocese of Newark. "That's not a sign of respect, that's not a sign of seeing the value of other people."


MORE: 94-hour week required for minimum wage worker to get by in N.J., study says

The so-called "Fight for $15" movement has largely been focused on fast food restaurant employees, but has also gained traction in other sectors, including airport workers, laundry workers and janitors.

The movement has claimed victories in cities such as Seattle, New York and Los Angeles, and two candidates currently seeking the Democratic presidential nomination - Martin O'Malley and Bernie Sanders - have endorsed raising the federal minimum wage to $15.

In New Jersey, however, Gov. Chris Christie has scuttled efforts to raise the minimum wage, vetoing a bill that would have raised it by $1.25 in January 2013.


Kevin Brown, 32BJ's Vice President and New Jersey State Director, said most of the union's members earn approximately $13 per hour working in offices from Prudential's Newark offices to Campbell's Soup headquarters in Camden. While that dwarfs the state's minimum wage of $8.38, he said it is far from enough to support a family.

"All workers need to be able to lift themselves out of poverty, just as we are striving to do, and create a strong middle class in this country," he said.

Politicians in attendance expressed similar sentiments, urging employers to let their profits trickle down to even those who perform their most menial tasks. The current four-year contract for 32BJ members expires at the end of the year.

"We are moving very rapidly out of this recession, which means that (employers) are making money, and its time for employees to start making a decent amount of money as well," said Baraka.

East Orange Mayor Lester Taylor acknowledged that support for raising wages for unskilled labor largely fell along party lines, but said he considered it a question of morality.

"I'm not here for political reasons, I'm here because this is the right thing to do at the right time for workers in our state," he said.

One of the largest labor organizations in the country, 32BJ represents more than 145,000 property service workers, including about 7,000 in New Jersey.

Among them was 62-year-old Miguel Lantigua, 62, who expressed hope the negotiations might bring healthcare for he and his family, an aspiration informed mostly by his recent battle with prostate cancer.

"I found out that having cancer is something really awful," he said through a translator. "That is scary, but when you have a healthcare plan, at least you know that you can fight it."

Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.


Newark woman convicted of animal cruelty for killing neighbor's dog

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Haniyyah Barnes, 28, was convicted of animal cruelty, theft and criminal mischief, but the jury could not reach a verdict on a burglary charge

NEWARK -- An Essex County jury on Tuesday convicted a Newark woman of animal cruelty and two other offenses for killing her neighbor's dog by throwing it into oncoming traffic during a 2011 parking dispute.

But the jurors could not reach a verdict on a burglary charge against Haniyyah Barnes.

The jury indicated late Friday afternoon that they agreed on three of the four charges. Jurors then continued their deliberations until about 8 p.m. before saying they wanted to resume deliberations on Tuesday. The courthouse was closed on Monday for Columbus Day.

After deliberating for less than two hours on Tuesday morning, the jurors delivered their partial verdict. In addition to animal cruelty, the jury convicted Barnes of theft and criminal mischief. The burglary charge represented the most serious offense in the case.

Superior Court Judge Ronald Wigler later revoked Barnes's bail and she was taken into custody. Wigler was filling in for Judge Richard Sules, who presided over the trial and had told Wigler he wanted to revoke Barnes's bail in the event of such a partial verdict.

The partial verdict comes about eight months since Sules in February allowed Barnes, 28, to withdraw her guilty plea in the case. Barnes had pleaded guilty in April 2014 to burglary, animal cruelty and theft charges. Under a plea agreement, prosecutors had agreed to recommend a six-year prison sentence.

For her conviction on the three third-degree charges, Barnes is likely facing a maximum prison sentence of five years in total.

Prosecutors are planning to pursue a second trial against Barnes on the second-degree burglary charge, according to Katherine Carter, spokeswoman for the Essex County Prosecutor's Office.

In a statement after the verdict was handed down, Essex County Assistant Prosecutor Michele Miller, who tried the case, expressed disappointment with the verdict.

"The state and the Bey family are very disappointed with the verdict returned today, which did not include a conviction for the count of second-degree burglary," said Miller, referring to the victim's family.

"The state's position is that the defendant's intention was overwhelmingly clear when she kicked in the door to her neighbors' home that night," Miller added. "In spite of the verdict, the state appreciates and acknowledges the hard work and effort the jury put into their deliberations.''

Barnes's attorney, Michelle Treiber, declined to comment on the verdict.


MORE: Despite late hour, no verdict for N.J. woman accused of killing neighbor's dog

The Aug. 26, 2011 incident stemmed from an arrangement between Barnes and her neighbor, Nazirah Bey, in which Bey allowed Barnes's mother to park in her driveway. Bey and Barnes lived two doors down from one another on Fabyan Place in Newark.

Prosecutors have alleged Barnes became angry and ultimately kicked in Bey's front door, because Bey's car was blocking the mother's car, which was parked in the driveway.

After Bey's two-year-old Shih Tzu, named Honey Bey, began barking, Barnes grabbed the dog by the throat, went back outside and threw her into oncoming traffic, where she was struck by a vehicle and killed, prosecutors said.

A Newark police officer was sitting in a patrol vehicle nearby and witnessed Barnes throw the dog into the street, prosecutors said.

During closing statements last week, Treiber and Miller clashed over whether Barnes had committed a burglary.

Treiber argued Barnes did not kick in the door and suggested Barnes entered the home through the unlocked door after repeatedly knocking and ringing the doorbell. Treiber claimed Barnes did not commit a burglary, because she did not have an "intent" to commit an offense inside the residence. Treiber said Barnes went to the residence to get someone to move the car.

"She did not have any intent to commit an unlawful act in that residence," Treiber told the jury.

In urging jurors to convict Barnes of the burglary charge, Miller said Barnes kicked in the door and said "intent can be formulated in seconds."

"She kicked in that door and she was intent on getting noticed," Miller said. "She was intent on getting satisfied."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

Man killed in fiery Turnpike crash officially identified by State Police

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The man's body has yet to be released to his family and remains with state officials, authorities said. Watch video

Six days after the horrific oil tanker explosion that killed a truck driver on the New Jersey Turnpike, State Police have officially identified the victim. 

State Police Sgt. 1st Class Gregory Williams said the Northern Regional Medical Examiner's Office confirmed today the victim is 40-year-old Kumar Dalip of North Hollywood, Calif.

However, the trucking company he was driving for at the time of his death identified him last week as Dalip Kumar of Newark, and said he had been working for the Warren-based company for the last nine months.

While his identity was published by various outlets last week, State Police did not release it until this afternoon, as the regional Medical Examiner was awaiting dental records to confirm the victim was in fact Kumar.

The 40-year-old driver was pronounced dead Wednesday following the fiery crash near mile marker 109.6 on the Turnpike's western spur in Kearny. His tanker, which was carrying 8,500 gallons of gasoline, flipped over a guardrail on the northbound side of the roadway and burst into flames, authorities said. 

"All of us are deeply saddened by the loss of our friend and employee, Dalip Kumar," Warren-based JSK Transport Inc. said in a statement last week. "Our thoughts and prayers are with his family and friends at this difficult time."

State Police said the driver of the tanker lost control of the vehicle as he attempted to avoid several mattresses and box springs that fell off a white cargo van and onto the road. The accident also involved a Honda CRV, whose driver suffered minor injuries, State Police said.  

Meanwhile, the driver of the van carrying the mattresses -- who was identified as a 26-year-old Linden resident -- has not been charged with a crime or issued summonses in connection with the crash, Williams said today. 

Thick black smoke billowed over the crash site for approximately 90 minutes after the accident and could be seen from miles away. The northbound lanes of the heavily-traveled highway were shut down Wednesday afternoon and reopened early the following morning. 

In unauthorized immigrant ID cards debate, which NJ.com user is right?

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Supporters say without an ID, individuals often cannot open a bank account or access government services. Detractors argue it will "incentivize lawbreaking."

A growing number of New Jersey municipalities are issuing identification cards to unauthorized immigrants. NJ.com users posted more than 400 comments debating in favor and against the practice. 

Union County's Roselle is about to become the latest town to offer municipal ID cards. Newark recently adopted the cards, while Perth Amboy, Highland Park and other New Jersey communities are in various stages of consideration.  Asbury Park, Trenton, Freehold and Mercer and Morris counties are among other places in the state that have endorsed or issue the cards. 

We solicited full responses from readers with opposing views. Here's what two NJ.com users had to say (edited for clarity): 

molly2.0

The strongest argument for issuing ID cards is the benefit that foreign undocumented workers bring to the local economy.  They need housing, groceries, cars, public transportation and all the other services that people need.  According to the US Treasury, immigrants are far more likely to start new businesses and create jobs for others.  Often times, undocumented immigrants will perform jobs that Americans don't want -- so-called "stoop labor." That benefits farmers. This country was built by immigrants. 

scienceforsale

The argument not to issue ID cards is as straightforward as asking the simple question of why should they be issued in the first place?
I note the following statement quoted.
"Without an ID, individuals often cannot open a bank account, access government services or, in some cases, receive commercial discounts for which they are eligible."
So therein an otherwise well meaning justification shines the light on the tip of the slippery slope and just highlights the expanding rights and privileges being afforded to a group of people that, at the most basic of foundations, are here due to their violation of the law in the first place.
Issuing government sanctioned ID cards is only rewarding and enabling that illegal behavior.
Who's right? Vote in our informal, unscientific poll and pick a side in comments.

Enrique Lavin may be reached at elavin@njadvancemedia.com. Follow him on Twitter @enriquelavin or on Facebook. Follow NJ.com Politics on Facebook.

14-year-old suspect charged with killing Newark taxi driver

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Authorities have arrested and charged a Newark teen in connection to the August 21 killing of livery cab driver Rodrigo Berru.

NEWARK -- Authorities have arrested and charged a Newark teen in connection to the August 21 killing of livery cab driver Rodrigo Berru.

Acting Essex County Prosecutor Carolyn A. Murray and Newark Police Director Eugene Venable announced Tuesday evening that the 14-year-old male suspect now faces a host of charges in connection Berru's death, including homicide, robbery and unlawful possession of a weapon.

The teen has been remanded to the Essex County Youth House, said Essex County Prosecutor's Office spokeswoman Katherine Carter. Authorities declined to release the teen's name due to his age, she added.


RELATED: City reshuffles police ranks amid violence

Along with a second 14-year-old suspect, the juvenile was also charged in connection to an August 16 attempted carjacking that occurred on 4th Avenue, Carter said. Both teens now face charges of conspiracy and carjacking in connection with the incident.

Rodrigo Berru was fatally shot while still on duty at around 9:30 p.m. in the 300 block of Frelinghuysen Avenue near East Peddie Street, authorities said. He was pronounced dead at the scene at 4 a.m.

An investigation by the Essex County Prosecutor's Office Homicide Task Force is ongoing, authorities said.

Berru's death--which brought city's 2015 homicide total to 59--came during a week in which five others died by homicide in Newark.

In the wake of the killings, Mayor Ras Baraka announced that more than 100 police officers would be temporarily reassigned from their administrative posts to on-the-street duty.

The officers have since returned to their regular administrative duties. 

Vernal Coleman can be reached at vcoleman@njadvancemedia.com. Follow him on Twitter at @vernalcoleman. Find NJ.com on Facebook.

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N.J. man, 62, gets 180 years for sexual assault of young girl

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Michael Calderon was convicted of sexually assaulting the girl over a roughly six-year period, starting when she was five years old

michael-calderonMichael Calderon 

NEWARK -- A 62-year-old Newark man was sentenced on Tuesday to 180 years in state prison for sexually assaulting a girl over a roughly six-year period, starting when she was five years old.

Michael Calderon received the sentence after having been convicted by a jury on April 16 of a 44-count indictment, including charges of aggravated sexual assault, endangering the welfare of a child and production of child pornography.

In handing down the 180-year prison term, Superior Court Judge Michael L. Ravin ordered Calderon to serve eight 20-year consecutive sentences and two 10-year consecutive sentences, because the case involved multiple incidents of abuse over an extended period of time.

"To run defendant's sentences concurrently would make him indistinguishable from an offender who assaulted his victim only once or only over a short span of time, such as a weekend," Ravin said during the hearing.

"Given all the circumstances of these offenses, it does not seem to this court that any tribunal would find that the sentence this court is going to impose shocks the judicial conscience," Ravin added.

Calderon must serve 119 years before becoming eligible for parole, and he will receive credit for about four years of time served.

Calderon's attorney, Laura Bilotta, declined to comment after Tuesday's hearing.


RELATED: N.J. man, 61, convicted of sexually assaulting girl for years, starting when she was 5

In an interview, Essex County Assistant Prosecutor Kathleen Lyons-Boswick, who tried the case, pointed to the bravery of the victim, now 15 years old, who testified during the trial.

"This victim was incredibly brave," Lyons-Boswick said. "It was a horrific course of events that went on for years.

"She is attempting with help to move on with her life," she added. "She's building her life back, step by step."

Calderon, who was the boyfriend of the child's caregiver, sexually assaulted the girl from when she was five years old in kindergarten and until she was 11 years old, prosecutors said. Calderon also videotaped himself sexually assaulting the girl, prosecutors said.

Calderon began sexually assaulting her while he lived in a Newark residence with the caregiver, the girl and her two younger brothers, according to Lyons-Boswick. The abuse continued after Calderon broke up with the caregiver and moved to a nearby apartment, where the caregiver sent the girl to spend weekends, Lyons-Boswick said.

The caregiver was the paternal grandmother of the girl's brothers, Lyons-Boswick said. The boys and the girl have the same mother, but different fathers, she said. State authorities had removed the three children from their mother's care and sent them to live with the caregiver, Lyons-Boswick said.

After the girl was ultimately sent to live with her father, she reported the abuse to him and he contacted the authorities, Lyons-Boswick said.

In regard to the 180-year prison sentence, Lyons-Boswick added, "I felt like justice was done here."

Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.

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