Defense attorneys claim David Wildstein walked away with the hard drive of Bill Baroni and delivered it to prosecutors before the former deputy executive director of the Port Authority was indicted. At the same time, they asked the court to move the trial of Baroni and Bridget Anne Kelly, the two former allies of Gov. Chris Christie facing trial next year, to be moved out of state.

NEWARK -- Even before he resigned from the Port Authority as the heat over the scandal involving the lane shutdowns at the George Washington Bridge grew, David Wildstein knew he was facing bigger problems.

So he allegedly stole the computer hard drive of Port Authority Deputy Executive Director Bill Baroni and later handed it over to federal prosecutors -- who subsequently indicted Baroni in the high-profile political corruption scheme that has become known as Bridgegate.

Those were among the allegations in overnight court filings by defense attorneys attacking the mountain of evidence the government says it has against Baroni and Bridget Anne Kelly, the two former allies of Gov. Chris Christie facing trial next year for their alleged role in the lane shutdowns.

Baroni's attorney also asked the court to move the trial out of state, claiming the former Port Authority executive and Republican state senator could not get an impartial jury in New Jersey.

"The media coverage in this case has not tapered off and even the most mundane machinations for the case are widely reported on by news outlets throughout the state," said Michael Baldassare of Newark in his filing. "At each court proceeding in this case, throngs of reporters were present outside the courthouse and were in attendance in the courtroom."

MORE: Read the defense motions

Baroni, a Christie appointee who served as deputy executive director of the Port Authority of New York and New Jersey, along with Kelly, a former deputy chief of staff to the governor, were indicted May 1 in connection with the abrupt shutdown of local access lanes at the George Washington Bridge in September 2013. They were charged with conspiring to tie up traffic in Fort Lee as political payback after Mayor Mark Sokolich of Fort Lee declined to back Christie in his 2013 re-election bid.

A CAMPAIGN DISTRACTION

The defense motions came, coincidentally, on the night of the latest Republican presidential debate, where Christie, who is seeking the GOP nomination, is still trying to convince voters that the Bridgegate scandal is behind him.

Christie, who first made light of the lane closures when they occurred, has since said he had nothing to do with the lane closures and fired Kelly after she was first implicated in January 2014.

The governor has not been charged with any wrongdoing, nor has his former campaign manager, Bill Stepien, whose name surfaced during the investigation.

Wildstein, a former political blogger and high-level Port Authority executive hired by Baroni to a sweetheart $150,020-a-year patronage position with no job description, has already pleaded guilty to his role in the scheme and has implicated both Baroni and Kelly. They have each entered not-guilty pleas and have labeled him a liar.

RELATED: Who is David Wildstein?

In the defense motions, Baldassare said Wildstein stole Baroni's computer hard drive containing thousands of documents when he walked out of the Port Authority in December 2013, while leaving much of his personal belongings behind.

The drive had been removed from Baroni's office PC because of problems he had reported with his computer, the filing said. But the two men, who worked together, agreed that because there was potentially sensitive information on the drive, it should not be left available to be accessed by others, and that Wildstein would hold it for safekeeping. Instead, he allegedly walked out the door with it, said Baldassare.

"As early as September 18, 2013, a few days after the final day of the lane closures, he knew his job was in jeopardy. On that date, he said, 'I had empty boxes ready to take to work today, just in case,'" Baldassare wrote. "When Wildstein left the Port Authority, he presumably used one of the boxes to hide the hard drive. More importantly, the discovery reveals what Wildstein did not use the boxes for: personal items, family photos and rare books, all of which were left behind and are now in the government's possession."

Baldassare said while the government claims Wildstein never accessed the hard drive after he stole it, federal prosecutors have produced no evidence to demonstrate he did not tamper with the hard drive during his possession of it. At present, he said there are approximately 87,000 documents on the stolen hard drive.

He said the government still has the drive and asked the court to order the U.S. Attorney's office to produce all documents related to its analyses of the computer, as well as the grand jury testimony and interview notes regarding it.

An attorney for Wildstein did not respond to requests for comment. The U.S. Attorney's office will not be answering the filings until Nov. 24.

FIRST LOOK

In the briefs, which offered a first look at how the defense intends to challenge the government's case, the defense attorneys complained the government failed to produce "critical facts essential to their ability to prepare for trial."

Prosecutors say they have amassed more than 1.5 million pages of documents in the case, including computer data, recordings, telephone records, emails, texts, financial records, materials obtained through search warrants, as well as the affidavits in support of those search warrants, after a nearly two-year investigation.

Michael Critchley, who represents Kelly, said the documents produced by the government for examination by the defense was essentially impossible to review because it was not electronically searchable, while thousands of other pages were redacted. The motion sought thousands of documents that the governor's office has claimed as privileged, including emails sent during the closures between Christie's then-press secretary and Wildstein. Some of those came from Christie on his personal email, and were redacted because the information was reportedly related to campaign strategy.

"The indictment fails to provide Ms. Kelly with the most basic information needed to conduct an adequate pre-trial investigation," said Critchley.

Baldassare said the government was still producing documents the defense has yet to review for trial, including a 13 page single- spaced letter sent on Tuesday night.

"It is unclear why, seven months after Mr. Baroni was indicted, the government is still organizing discovery and producing it to him," wrote Baldassare in his brief. "That is particularly troublesome given that the government had an 18-month investigation during which this could have been accomplished."

He also complained that the government also placed the identities of the unnamed "conspirators" directly at issue in the case and asked that the court to order the names be released.

"The participation of those people is alleged in every single count," he wrote, arguing for disclosure of just who is cooperating. "There are no allegations of violence or the use of weapons. Neither Mr. Baroni nor Ms. Kelly has a criminal record. This is a white-collar/political corruption case. No one is in danger."

Among those unnamed co-conspirators in the indictment, presumably, is Wildstein.

THE SHUTDOWN

Prosecutors have charged that Baroni plotted with Wildstein and Kelly to concoct a story of a phony traffic study at the George Washington Bridge to hide the real motive for the lane closures the first week of September 2013.

The lane shutdown plan, which deliberately narrowed the traffic patterns on approaches from two local Fort Lee streets and cut the number of tollbooths dedicated to local traffic on the span, paralyzed the Bergen County community for days, as cars, trucks and buses backed up into local streets, with the gridlock delaying school children, commuters and ambulances.

Documents released by a state legislative committee investigating the shutdowns before the indictments were handed down revealed that the scheme was launched after Kelly learned that Sokolich was not going to endorse Christie, as the campaign had expected.

"Time for some traffic problems in Fort Lee, " she told Wildstein in a now infamous e-mail some have labeled the smoking gun in the case, sent on Aug. 13--four weeks before the shutdown.

"Got it, " he replied.

On Friday, Sept. 6, 2013, Wildstein ordered the bridge's general manager to carry out the shutdowns, and he e-mailed Kelly the next day. "I will call you Monday to let you know how Fort Lee goes," he wrote in the e-mail.

"Great," she responded.

Prosecutors say they deliberately chose not to execute the plan during mid-August, which is typically a light traffic month, and instead until the first day of school in Fort Lee to "ratchet up the injury" to the town and its mayor.

Baroni's attorney, though, said the indictment mischaracterized the reasons for the cancellation of a meeting with Jersey City Mayor Steven Fulop, which prosecutors said was scratched after the Christie campaign learned that the mayor was not going to endorse the governor for re-election.

"Gov. Christie told the government that he did not want the Fulop meetings to take place because it might strain the governor's relationship with Sen. President Steve Sweeney," Baldassare wrote. "The decision to cancel meetings to maintain political relationships is not wrong, let alone a federal crime."

The long-delayed trial, which has been repeatedly rescheduled over requests by defense attorneys for more time to review the evidence, is now set for April.

U.S. District Judge Susan D. Wigenton, who will preside over the trial, issued the latest order for a postponement on Oct. 30, based on a request by the defendants' lawyers for more time to review documents. The request was unopposed by the U.S. Attorney Paul Fishman.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.

 

One day after her body was found decapitated in the garage of a Newark residence, authorities say an investigation into the death of Pamela Davis is ongoing.

Davis body was fond decapitated in a Newark garage, sources say.

NEWARK -- One day after her body was found decapitated in the garage of a Newark residence, residents of the neighborhood Pamela Davis called home spoke of how Davis's death has left them "shocked."

"We knew she was missing, but I don't think anybody expected this," said Sabrina Martin, a neighbor who said she's known Davis since moving to South 11th Street 15 years ago.

Davis, 50, was a quiet, but friendly presence in the neighborhood, Martin said. She had three children, and could be seen escorting the youngest of them to the school bus each weekday morning, Davis said.

Another neighbor, who declined to be named, said that Davis worked as a home health aide.

MORE: Authorities identify decapitated body found in Newark garage

"You could see her out here all the time, walking her dog or bringing home groceries after work," he said. "She would always stop and talk to me and my family when we were out on the porch. It's just very sad."

Attempts to reach members of Davis's immediate family for comment were unsuccessful. She was reported missing on Oct. 30 after leaving her home the previous evening, neighbors said.

Authorities on Wednesday said an investigation into Davis' death is ongoing.

"The investigation is continuing and is active at this time," said Thomas Fennelly, Chief Assistant Prosecutor with the Essex County Prosecutor's Office.

On Wednesday, investigators from the Essex County Prosecutor's Office and Newark Police Department could still be seen canvassing the neighborhood-- a stretch of South 11th Street lined by stately multiple-story homes --surrounding the home where Davis body was discovered

Newark police officers made the grim discovery Monday night, after authorities received reports of a foul smell emanating from the garage at the home. Davis herself was not herself a resident of the home, authorities said. A sign advertising mechanics services hung on the fence outside is the only outward indication of who does.

It remains unclear whether Davis's body was mutilated before or after she died. Sources close to the investigation who spoke on the condition of anonymity told NJ Advance Media that Davis' body was found decapitated. 

Officials with the Essex County Prosecutor's Office have declined to comment on the condition of Davis' remains.

Authorities are still working to determine the exact cause of Davis' death, Fennelly said.

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

Child did not immediately realize he had been hit by gunfire

NEWARK -- The Major Crimes Unit of the Newark Police Department is investigating after a bullet ripped through the wall of an apartment, striking a young boy, spokesman Sgt. Ron Glover said.

 

Police were sent to Beth Israel Hospital shortly before midnight Tuesday, where they spoke with the 13-year-old's mother. She told police her son was at their home in the 10s block of Wolcott Terrace when he woke her up complaining that he could not move his arm. When the woman checked, she found a bullet hole in his shoulder.

The boy said he was doing homework at his desk when he heard a loud boom. The boy did not realize he had been shot but alerted his mother when he began to feel pain.

Officers subsequently discovered a bullet hole in a wall of the apartment adjacent to an outer hallway, Glover said. A suspect had not been identified as of early Wednesday night.

Newark Police Director Eugene Venable urges anyone with information regarding this crime to call  the department's 24-hour Crime Stoppers Tip Line at 877-NWK-TIPS (877-695-8477) or 877-NWK-GUNS (877-695-4867).

Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook

 

Suspect, 24, allegedly had marijuana and a gun

NEWARK -- A city man was arrested after police received a tip Tuesday that he had a gun, department spokesman Sgt. Ron Glover said. 

 

Officers Euletia Lynn and Michael Walski were sent to the intersection of Clinton and St. James Place around 10:30 a.m. and spotted a man who matched a description provided by the caller, Glover said. Other officers would assist in the arrest.

When Antwine King, 24, was stopped and searched, a loaded, defaced handgun was found in his waistband, Glover said. King also allegedly told police he had marijuana. Twelve bags of the drug were recovered, Glover also said.

"I am pleased with the tips provided to us  through the Crime Stoppers anonymous tip Llne. In this case the anonymous tip led to the arrest of this individual and the recovery of a loaded gun. I applaud Officers Euletia Lynn, Michael Walski, Barry Baker and Ivory Hayes for their swift response that resulted in this arrest," said Newark Police Director Eugene Venable.

Paul Milo may be reached at pmilo@njadvancemedia.com. Follow him on Twitter@PaulMilo2. FindNJ.com on Facebook

 

A city police officer shot an armed suspect after interrupting an attempted robbery at a downtown gas station early Thursday morning, authorities say

NEWARK -- A city police officer shot and wounded an armed suspect after interrupting an attempted robbery at a downtown gas station early Thursday morning, authorities said.

Following the shooting, the suspect was transported to University Hospital for treatment, said Thomas Fennelly, Chief Assistant Prosecutor at the Essex County Prosecutor's Office. A second suspect was taken into police custody, he added.

An investigation into the shooting by the prosecutor's office is ongoing, Fennelly said.

Official details of the shooting were not immediately made available. But a source close to the investigation, who spoke on the condition of anonymity, said that shortly after midnight the officer stopped into the Sunoco gas station at the intersection of Washington and Court Street to purchase a beverage.

Upon arriving, he found the attached convenience store being robbed by two suspects, one of them armed with a handgun, the source said. The officer fired one shot, striking the suspect holding the gun, the source said.

The second suspect was held at gunpoint until additional officers arrived at the scene, the source said.

A second source familiar with the investigation, who also spoke on condition of anonymity, said the injured suspect was transported to University Hospital in Newark, where he is currently in serious but stable condition.

The officer was uninjured during the incident, the source said. His name, along with the names of the two suspects, have yet to be released.

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

BELLEVILLE — A police officer - identified by posters on the "You Know You're from Belleville" Facebook page as Vincent Cosenzo - handles traffic control at Belleville's Columbus Day parade in 1958. Belleville-nj.org notes that "initially Belleville had no provision for police protection beyond that noted in the Township Law of 1798, providing for the appointment of constables to insure peaceful...

BELLEVILLE -- A police officer - identified by posters on the "You Know You're from Belleville" Facebook page as Vincent Cosenzo - handles traffic control at Belleville's Columbus Day parade in 1958.

Belleville-nj.org notes that "initially Belleville had no provision for police protection beyond that noted in the Township Law of 1798, providing for the appointment of constables to insure peaceful procedure at the annual township meeting. The functions of these constables were gradually expanded to include serving warrants and collecting delinquent taxes."

The site goes on to note that a courtroom and a three-cell jail were authorized by the township committee in 1894, with a police department established in 1907.

If you would like to share a photo that provides a glimpse of history in your community, please call (973) 392-5950 or send an email to essex@starledger.com. And, check out more glimpses of history in our online galleries on nj.com.

The victim's injuries are non-life threatening, officials said.

Newark police are investigating the shooting of an off-duty postal worker by suspected police impersonators, according to a report.
 

NEWARK -- An off-duty postal worker suffered non-life threatening injuries in an early morning shooting in Newark, authorities have confirmed.

The Essex County Prosecutor's Office is investigating the shooting at the intersection of 18th and Winans Avenues, Chief Assistant Prosecutor Thomas Fennelly confirmed.

According to a WABC report, authorities are looking for two men who allegedly impersonated police officers and shot the postal worker Thursday morning. The suspects fled the scene, the report said.

Fennelly said Thursday morning he could not confirm any details about the alleged shooters.

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

Cerf, who took over for embattled school chief Cami Anderson in July, is a former state education commissioner who helped craft the controversial "One Newark" universal enrollment plan

NEWARK - Since arriving in Newark in early July, Superintendent of Schools Chris Cerf has had no shortage of challenges.

In addition to chipping away at a budget deficit of more than $60 million and refining the city's recently implemented universal enrollment system after a bumpy start, he has attempted to calm a wave of frustration from many parents and officials over conditions in public schools.

Simultaneously, he has sought to downplay what he calls a "narrative of negativity" and unite Newark as it moves closer toward long-awaited local control of its education system.

On Monday, Cerf sat down with NJ Advance Media to discuss the state of the city's education system, clarify his past involvement with its controversial reforms and  what its future may hold long after he is gone and schools have been returned to local control.

Following is a full transcript of the 30-minute interview.

What does Newark's education system look like when you're done?

Well there are a couple things I think we can say for sure. The first is that we will have returned the district to local control. That is a centerpiece of my commitment and of the work, and we are working closely with the Newark Education Success Board and with the community to craft a path towards that objective.

Here's essentially what I hope the system looks like when we pass it off. First of all I hope that we are all organized around the central objective of providing every child who lives in Newark with a free quality public education, and that all of our policy decision and all of the fiscal decisions are oriented around that objective. The second is that we rec the purpose of public education is to give every child an equal opportunity at success in life, and that we've leveled the playing field so that all schools have an equal opportunity to succeed.

The third is that we stop focusing as much as we have on some of the sort of political issues and continue to focus on the educational outcomes. I think that a big part of that is that we act the way our parents act, which is to say we want quality public school and how a school came into being, whether as a magnet school, or a traditional school or a charter public school or a county (vocational education) school is of secondary significance compared to the opportunity that all children have to choose a quality school.

When were you first approached about taking the job as superintendent?

It was actually very late in the game. I believe I began on or around July 1, 2015, so it was within a month before that.

Did you speak directly with the governor about that? Why do you think you were chosen?

Well I don't know why I was chosen, but I did speak with the governor about it. I mean this is a gubernatorial appointment so that would be in the ordinary course.

Did he have a specific charge for you?

It's probably best that I not go into private conversations with the governor, but I can tell you this. We were both very clear with each other that it was critical that this work be directed toward the return of local control.

So you were not party to the discussions between Mayor Baraka and the governor in terms of their agreement to return local control?

I was not.

You have a long history in education reform circles, in New York and elsewhere. There have been some accusations from some segments of the community that you're here as an agent to "charterize" the community. How do you respond to that?

Well it's completely false, and it is very important that that narrative be responded to fully and accurately. Just a couple of facts - I was deputy chancellor of New York City public schools and I believe there were about 1,500 traditional public schools and about 1 percent of that was charter schools - perhaps 2 or 3 percent - very small. In New Jersey, I was commissioner of education- there were about 2,500 traditional public schools and about 85 charter schools while I was commissioner. I had the power of life and death over charter schools and I closed 10 percent of the charter schools.

Lastly, I will say this - and it is nothing short of remarkable to me that there is not a broad understanding of this. I was not part of the picture in summer of 2010, when Mr. Zuckerberg and now Sen. Booker and the governor were discussing the possibility of a $100M gift. I was otherwise engaged. But when I became commissioner shortly after that, one of the first things I did was to fly down to WDC and meet in the private office of (American Federation of Teachers President ) Randi Weingarten. And I said to her "Randi it appears that we have a very substantial opportunity here. There's a large amount of philanthropic funds, they're very energized by charter schools. I want to make sure that most of that money goes into improving the traditional public school system, so here's what I think we ought to do together. Let us agree on a CBA that is the first of its kind in the nation. Let's pay our teachers more, let's pay them according to the degree to which they are effective educators, let's stop having steps and bumps based on whatever degree you got and based instead on the quality of the educational preparation you have. Let's agree in advance to expand learning time in the schools and on the terms of compensation that would be associated with that. If we do that, right, if you'll agree to that, then I will agree that this is not going to be New Orleans. We are going to have a modest expansion of alternative choices, to include charters, to include some new traditional public schools. But we're not going to quote 'charterize' the district." And that is exactly what happened.

If you look at the numbers and you go from that day forward we did get that collective bargaining agreement, and we have expanded the number of charters to then about 12.5 percent to about 28 percent. We also brought in a number of non-charter traditional public schools, Bard Early College being an example. Eagle Academy, Young Girls Academy and many more. So we've expanded the choices available to parents to include charters, but we have not quote 'charterized' the district, in fact that was never our intent.

Can you give a sense of during your time as commissioner, precisely what your role was in terms of the framework of One Newark, and the implementation of it?

I'm not going to use that term, because it is so misunderstood. But essentially as a state-operated district, it had a direct line to report to me. Now bear in mind that there were 560 districts in New Jersey. In addition to Newark there was Camden and Paterson and others. Most of my time and attention was not focused on Newark at all, it was focused on broader issues that affect the entire state.

That said, I was very much made aware of the particular plans and the progress, but gave a very sort of long level of sort of latitude, as I do in my general management style. But specifically, you're probably referring to universal enrollment. I do believe in the broad outlines of that. I do believe that giving parents choice to figure out what is best for their own children and then creating a system that helps to broaden that choice, is an absolutely valid and valuable point of view. I also believe that we should not allow schools to determine who gets to go to them or who gets to stay in them. That left to their own devices, some schools, traditional schools and charter schools, wouldn't potentially use that power. So I did believe and I do believe in the broad idea of taking central ownership of student enrollment, not leaving it to individual schools, and building everything on trying to prefer parents' choices. So I did know about that in advance, and I supported it.

Now I will also say, that the execution of those values, particularly in the first year, was problematic, meaning it was a very complex system, it was new and there were plenty of bumps and wrinkles. I will also say that it is worthy of revision and modification. For example, I personally think we should give a greater preference to neighborhood. I personally believe in giving what's called sibling preference, in giving priority to a family who already has a student in a particular school is a priority that we ought to create. But I also believe that essentially you need to have neutral tiebreakers. When you have more people that want a seat at a school then there are seats at the schools, you don't want to leave it to politics. You don't want it to be a transaction between powerful people. You want to have neutral rules that give everybody an equal preference.

You referenced problems with the execution of One Newark, do you think you bear any personal responsibility for that?

I bear accountability for 100 percent.

In what way?

Well, I'm the buck stops here guy.

You recently said the district has as many as 4,500 more students than in 2011, and it seems you have been discovering other things, such as expenses attributed to the central office that maybe should not have been accounted for that way. How are you figuring these things out? Were there problems with the way things were being accounted previously?

There were not problems, but it is remarkable to me how much we all have yet to learn about some of the fiscal issues, some of the organizational issues. So if there's one central theme about the work over the last four of five months, it is that everybody is entitled to their own opinion, but not to their own set of facts. What has happened here is that there are deeply held, strongly articulated narratives, by everybody - by proponents, by opponents - that in many cases have long since become disconnected with the underlying facts. So my commitment has been to actually figure out those facts and talk about them openly and transparently. That's what I believe we are doing. This budget process is a pretty good example of that.

You're a member of the Newark Educational Success Board. Can you give a sense of what the status of that is? What are you going to be working on going forward with that?

I can. This is a study group that has been assigned by both the mayor and the governor the responsibility of developing essentially a pathway to local control. We meet in public session as we're doing tonight and as we've done in the past but we also privately to talk with each other and learn and do research. What happens in those meetings is not a matter for public discussion. Its something we have all agreed to keep private. In general, we are working together, we are working collaboratively. We have the same goals and objectives. We are working collegiately. And we have already made real progress in talking about the pathway to get QSAC satisfied for example.

You've been critical of QSAC in the past. Do you believe this is a fair process?

I do believe that QSAC is the law, and it is a box we need to check on the way to local control, and we are working extremely hard to check that box. I don't believe the statute is particularly well conceived on a number of different fronts. I think it can be very compliance-oriented and checklist-oriented and not focused on what matters, which is are more students graduating from high school ready for success., whether through college or career. I also think any manager of any large enterprise would question the whole premise of saying you can separately look at program and instruction, and finances and personnel, and operations. They are so inextricably linked to each other, to say that you've checked a box in one but not the other, doesn't make a lot of intuitive sense to me.

How has your relationship with the School Advisory Board been? Do you feel you're on the same page?

That's a question best left for them. There are a number of members. I bet you you'd get different answer from different ones. I can tell you this, that from day one I have worked very hard to engage them and I've been very appreciative of the reception I've received. We've had productive conversations privately in committees and in public sessions. I offered to give them space in (Newark Public Schools headquarters), which they've taken. I refer to them publicly not as the school advisory board but as the school board, as a matter of respect and dignity. I feel that this is a relationship that is being built, but we're making big progress.

Can we go back to you wanting to get away from the name 'One Newark'? Can you explain why you feel that is no longer productive? Is it just a name change or are you actually proposing that changes be made to it?

I think a lot of people in this community stopped thinking at all about what those words actually meant and it became a brand and a target. What I can tell you is what I believe in, to the extent you want to put a label on it, you can put a label on it. So I'm telling you what I believe in is first, that the reason we go to work every day is to make sure that every child has access to a quality education, free quality public education. I believe in that. That means that we don't squabble to the degree we had been squabbling about how a school came into being, but we focus on great schools.

Secondly I believe that we dishonor our parents and our families when we tell them that we know better than they do about what is the right thing for their children. We should have an opportunity for parents to the maximum extent possible to choose the educational solution that they think is best for their child. Third, I believe in educational equity, at the broadest possible level, it is deeply wrong - it is immoral -that children's educational opportunity is determined by birth circumstances. Where they happened to live, whether their parents happened to be born in this country, the socioeconomic status of their family circumstances. We had a great promise in this country of equality, of opportunity, and we are not fulfilling that promise. For children at the lower end of the socioeconomic spectrum, which disproportionately means children of color. I do fundamentally believe in that principle, so I believe that when there are people who are operating in opposition to that principle, we need to make sure that that principle is always dominating in our policy making. Those are the principles that are leading and those are the principles that characterize our future. Now you can put any label in the world on that, but I think that's where I'd like to keep our eye focused.

Ever since KIPP announced it was planning on expanding in Newark, there's been a bit of fervor from some people who think it could have a major impact on the public school system. Is that justified? What do you think the impact would be?

Well I think there has been a pretty substantial overreaction to that, and its probably based on legitimate concerns and some distrust, and some failures to effectively communicate. Going back to Dr. Bolden, the trajectory, the growth of charter school students has been kind of slow and steady. I actually said in a public forum, I believe at the (New Jersey Performing Arts Center), the majority of schools in Newark will always be traditional public schools. That is an outcome that is compelled by economics, politics, educational philosophy and the like. The number of charter schools and students in charter schools are going to stay within that constraint.

The KIPP schools for example, I am extremely confident that whether the state grants that application or doesn't, it will not make a difference of one student or one campus in Newark next year. If it makes a difference the following year it will be very, very, very small. First of all, people don't understand that the state makes charter decisions, not the school superintendent, so it's literally out of my hands. But I do know from having been commissioner, that there's a long way from granting a charter school application and a school actually opening, and there's lots of opportunities for visiting what would be the impact on the district, is the school actually ready to open, and the like. So I do think that there has been a pretty substantial overreaction if the measure is what are the practical consequences of the application.

How long do you think you're going to be in this role? Do you have a prediction?

I'm not going to offer a prediction. But I have said before that my job is defined by putting myself out of a job. That's something that the NESB and the community and the mayor ultimately the governor and the community are going to work out.

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

The former state education commissioner is charged with ushering Newark's turbulent school system back to local control over the coming years

NEWARK - Since arriving in Newark in early July, Superintendent of Schools Chris Cerf has had no shortage of challenges.

In addition to chipping away at a budget deficit of more than $60 million and refining the city's recently implemented universal enrollment system after a bumpy start, he has attempted to calm a wave of frustration from many parents and officials over conditions in public schools.

Throughout his first four months in the role, Cerf has repeatedly attempted to stress signs of progress in Newark schools, citing awards for its implementation of technology into classrooms and studies indicating it is outperforming cities with similar socioeconomic conditions across the country, while battling what he repeatedly calls a "narrative of negativity."

"I just think it's important as we talk about our challenges and as we talk about bumps in the road, as we recognize that over the last several years we have certainly made some mistakes and need to do better, we not disregard the tremendous successes that have been achieved," he said.

His short term has not been free from controversy, however. The protests that came to characterize his predecessor Cami Anderson's tenure recently resurfaced, stoked largely by efforts from charter school networks to expand their reach in Newark, sparking anger and suspicion from some segments of an already mistrustful public.

A longtime advocate of education reforms and a former state education commissioner, he has also fended off accusations over his role in the sweeping changes in city schools.

On Monday, Cerf sat down with NJ Advance Media to discuss the state of the city's education system, clarify his past involvement with its controversial reforms and  what its future may hold long after he is gone and schools have been returned to local control.

Here are some highlights from the lengthy interview. The full version can be read here.

What does Newark's education system look like when you're done?

Well there are a couple things I think we can say for sure. The first is that we will have returned the district to local control. That is a centerpiece of my commitment and of the work, and we are working closely with the Newark Education Success Board and with the community to craft a path towards that objective.

Here's essentially what I hope the system looks like when we pass it off. First of all I hope that we are all organized around the central objective of providing every child who lives in Newark with a free quality public education, and that all of our policy decision and all of the fiscal decisions are oriented around that objective. The second is that we rec the purpose of public education is to give every child an equal opportunity at success in life, and that we've leveled the playing field so that all schools have an equal opportunity to succeed.

The third is that we stop focusing as much as we have on some of the sort of political issues and continue to focus on the educational outcomes. I think that a big part of that is that we act the way our parents act, which is to say we want quality public school and how a school came into being, whether as a magnet school, or a traditional school or a charter public school or a county (vocational education) school is of secondary significance compared to the opportunity that all children have to choose a quality school.

MORE: Mark Zuckerberg on $100M Newark donation: 'Change in education takes time'

You have a long history in education reform circles, in New York and elsewhere. There have been some accusations from some segments of the community that you're here as an agent to "charterize" the community. How do you respond to that?

Well it's completely false, and it is very important that that narrative be responded to fully and accurately. Just a couple of facts - I was deputy chancellor of New York City public schools and I believe there were about 1,500 traditional public schools and about 1 percent of that was charter schools - perhaps 2 or 3 percent - very small. In New Jersey, I was commissioner of education- there were about 2,500 traditional public schools and about 85 charter schools while I was commissioner. I had the power of life and death over charter schools and I closed 10 percent of the charter schools.

Lastly, I will say this - and it is nothing short of remarkable to me that there is not a broad understanding of this. I was not part of the picture in summer of 2010, when Mr. Zuckerberg and now Sen. Booker and the governor were discussing the possibility of a $100M gift. I was otherwise engaged.

But when I became commissioner shortly after that, one of the first things I did was to fly down to WDC and meet in the private office of (American Federation of Teachers President ) Randi Weingarten. And I said to her "Randi it appears that we have a very substantial opportunity here. There's a large amount of philanthropic funds, they're very energized by charter schools. I want to make sure that most of that money goes into improving the traditional public school system, so here's what I think we ought to do together. Let us agree on a CBA that is the first of its kind in the nation. Let's pay our teachers more, let's pay them according to the degree to which they are effective educators, let's stop having steps and bumps based on whatever degree you got and based instead on the quality of the educational preparation you have. Let's agree in advance to expand learning time in the schools and on the terms of compensation that would be associated with that. If we do that, right, if you'll agree to that, then I will agree that this is not going to be New Orleans."

We are going to have a modest expansion of alternative choices, to include charters, to include some new traditional public schools. But we're not going to quote 'charterize' the district." And that is exactly what happened. If you look at the numbers and you go from that day forward we did get that collective bargaining agreement, and we have expanded the number of charters to then about 12.5 percent to about 28 percent. We also brought in a number of non-charter traditional public schools, Bard Early College being an example. Eagle Academy, Young Girls Academy and many more. So we've expanded the choices available to parents to include charters, but we have not quote 'charterized' the district, in fact that was never our intent.

Can you give a sense of during your time as commissioner, precisely what your role was in terms of the framework of One Newark, and the implementation of it?

I'm not going to use that term, because it is so misunderstood. But essentially as a state-operated district, it had a direct line to report to me. Now bear in mind that there were 560 districts in New Jersey. In addition to Newark there was Camden and Paterson and others. Most of my time and attention was not focused on Newark at all - it was focused on broader issues that affect the entire state.

That said, I was very much made aware of the particular plans and the progress, but gave a very sort of long level of sort of latitude, as I do in my general management style. But specifically, you're probably referring to universal enrollment. I do believe in the broad outlines of that. I do believe that giving parents choice to figure out what is best for their own children and then creating a system that helps to broaden that choice, is an absolutely valid and valuable point of view. I also believe that we should not allow schools to determine who gets to go to them or who gets to stay in them. That left to their own devices, some schools, traditional schools and charter schools, wouldn't potentially use that power.

PLUS: Cerf tells state board Newark schools succeeding in spite of funding shortage

So I did believe and I do believe in the broad idea of taking central ownership of student enrollment, not leaving it to individual schools, and building everything on trying to prefer parents' choices. So I did know about that in advance, and I supported it. Now I will also say, that the execution of those values, particularly in the first year, was problematic, meaning it was a very complex system, it was new and there were plenty of bumps and wrinkles. I will also say that it is worthy of revision and modification. For example, I personally think we should give a greater preference to neighborhood. I personally believe in giving what's called sibling preference, in giving priority to a family who already has a student in a particular school is a priority that we ought to create. But I also believe that essentially you need to have neutral tiebreakers.

When you have more people that want a seat at a school then there are seats at the schools, you don't want to leave it to politics. You don't want it to be a transaction between powerful people. You want to have neutral rules that give everybody an equal preference.

You referenced problems with the execution of One Newark, do you think you bear any personal responsibility for that?

I bear accountability for 100 percent.

In what way?

Well, I'm the buck stops here guy.

Ever since KIPP announced it was planning on expanding in Newark, there's been a bit of fervor from some people who think it could have a major impact on the public school system. Is that justified? What do you think the impact would be?

Well I think there has been a pretty substantial overreaction to that, and its probably based on legitimate concerns and some distrust, and some failures to effectively communicate. Going back to (former Newark superintendent) Dr. Bolden, the trajectory, the growth of charter school students has been kind of slow and steady.I actually said in a public forum, I believe at the (New Jersey Performing Arts Center), the majority of schools in Newark will always be traditional public schools. That is an outcome that is compelled by economics, politics, educational philosophy and the like. The number of charter schools and students in charter schools are going to stay within that constraint.

The KIPP schools for example, I am extremely confident that whether the state grants that application or doesn't, it will not make a difference of one student or one campus in Newark next year. If it makes a difference the following year it will be very, very, very small. First of all, people don't understand that the state makes charter decisions, not the school superintendent, so it's literally out of my hands.

But I do know from having been commissioner, that there's a long way from granting a charter school application and a school actually opening, and there's lots of opportunities for visiting what would be the impact on the district, is the school actually ready to open, and the like. So I do think that there has been a pretty substantial overreaction if the measure is what are the practical consequences of the application.

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

The man was shot at about 5 a.m. Thursday, officials said.

NEWARK -- A postal police officer has been released from the hospital and is in stable condition after being shot early Thursday morning in Newark, officials confirmed.

According to U.S. Postal Inspector Greg Kliemisch, the postal police officer was driving near the intersection of 18th and Winans Avenue at about 5 a.m. Thursday when two men allegedly impersonating police officers pulled him over. Though postal police officers do have official vehicles, the officer was not driving his at the time of the incident, Kliemisch said.

ALSO: Newark cop shoots armed robbery suspect, authorities say

After an interaction between the officer and the alleged impersonators, the officer was shot in his hand, and transported to a local hospital for treatment, Kliemisch said. He has been released from the hospital in stable condition, he said.

The two alleged impersonators fled the scene, Kliemisch said.

The injured officer is assigned to the Newark Division headquarters on Federal Square, officials said. The officer, who has served three years in the role, was not assigned to one post office, but patrolled the area on a daily basis, Kliemisch said. 

Chief Assistant Prosecutor Thomas Fennelly confirmed Thursday that the Essex County Prosecutor's Office is investigating the shooting. The Newark Police Department and U.S. Postal Inspection Service are also investigating, Kliemisch said.

According to officials, postal police officers are employed by the U.S. Postal Service to protect postal facilities and employees. It is unclear whether or not the officer was on his way to work.

Anyone with information on the shooting is asked to call the USPIS tip line at 877-876-2455 or the Essex County Prosecutor's Office tip line at 877-847-7432.

The shooting was one of two officer-involved shootings in Newark Thursday morning. The first involved a police officer shooting an armed robbery suspect at a Sunoco gas station at the intersection of Washington and Court Streets, authorities said.

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

Tony Vauss said no extra taxpayer dollars were used for the images on the vehicles unveiled last month

IRVINGTON - Call it street sweeping with a smile.

Last month, Irvington officials gathered outside Town Hall to unveil a pair of street sweepers and a new senior bus - welcome sights in this perpetually cash-strapped community of 54,000.

The vehicles, however, were not just any additions to the township's fleet. Each of the new purchases is plastered on three sides with shiny portraits of Mayor Tony Vauss, proclaiming that he "cares for our community" and "cares for our seniors."

Vauss defended the decision in an interview Wednesday, saying he was responsible for creating the "Clean Team" - a specialized unit of the Public Works department that cleans up debris or other refuse from the street and abandoned properties - and the replacement of a ramshackle bus that frequently broke down while shuttling seniors around town.

"I was the one who came up with it. It was my idea," he said.

MORE: 2K mourners remember Pastor Ronald Christian during rousing memorial service

The decision, however, has not gone unnoticed by a small group of critics including Elouise McDaniel, one of four residents leading a recall effort against the mayor.

"My view is, why are you going to spend up money, tax payer money to plaster your picture all over a senior bus and street sweepers," McDaniel said. "This town does not belong to Mayor Tony Vauss by himself."

Vauss, however, countered that the graphics came at no extra cost, as the vehicles would have already needed to be emblazoned with the township logo and other information.

"The only difference is, Mayor Tony Vauss's Clean Team gives people a feel that things are changing, that something is getting done," he said. "The town is excited. Everybody is happy. It's just them."

North Ward Councilman David Lyons said he and his colleagues on the township's executive body had approved funding for the new vehicles - approximately $375,000 for the street sweepers and $60,000 for the bus - but that there had been no mention of the graphics featuring the mayor.

Even so, the 19-year council veteran said he had no issue with the display given Vauss's accomplishments since taking office last July.

"I've been on the council for 19 years. I've seen the past two mayors. In one year, I have seen more from him than I would have seen from the previous two mayors in their two terms," he said.

"At this point, he's doing a great job if (his pictures are) the only things that people can complain about."

John Weingart, the associate director of Rutgers University's Eagleton Institute of Politics, called the display "unusual."

"People in office often have their names on a plaque that says this building gets dedicated at this date, or ground gets broken during some administration. It's common to see in lots of state the governor's name on the signs welcoming you to the state," he said.

However, Weingart noted that those displays typically toe a line between the simple acknowledgment of fact - that a particular official is or was in office - and self-promoting statements more characteristic of a campaign ad.

"This is going a step past that. To say 'the mayor cares for the community' - if there are people in town who don't think he's doing such a good job, it's not an objective conclusion," he said.

"It certainly pushes the line. I guess it's for voters to decide."

Ikei Harding, 27, is expected to receive a six-year prison sentence for the June 17, 2013 fatal shooting of Michael Drake in Newark

Ikei HardingEssex County Correctional Facility 

NEWARK -- In what his attorney says was an act of revenge, a Newark man pleaded guilty on Tuesday to fatally shooting another man on a city street in 2013.

With jury selection set to begin in his trial, Ikei Harding, 27, pleaded guilty to reckless manslaughter and unlawful possession of a weapon in connection with the June 17, 2013 killing of 21-year-old Michael Drake on Chadwick Avenue.

Harding had been charged with murder, conspiracy and weapons offenses.

Under a plea agreement, prosecutors are recommending a six-year prison sentence for Harding. He would have to serve slightly more than five years before becoming eligible for parole, and he will receive credit for nearly two years of time served.

His sentencing is scheduled for Dec. 17 before Superior Court Judge Ronald Wigler.

Referring to the plea deal, Katherine Carter, spokeswoman for the Essex County Prosecutor's Office, said on Tuesday in an email: "Given the facts and circumstances of the case we believed this was an appropriate resolution of the case."

Essex County Assistant Prosecutor Eric Plant has been handling the case.

MORE: Suspect in Newark homicide arrested in Pennsylvania

Harding's attorney, Brooke Barnett, said on Thursday in a phone interview that her client shot Drake, because Harding allegedly witnessed Drake shoot his best friend the day before. That shooting ultimately left the best friend paralyzed and wheelchair-bound, Barnett said.

"My client just witnessed something that nobody should witness and he reacted," Barnett said.

Barnett said Harding is "sorry and asks for forgiveness" for shooting Drake.

"He took responsibility for what he did," Barnett said. "That's why he pled guilty to the reckless manslaughter."

But Barnett added that "nobody's a winner," noting how Drake is dead, Harding's best friend will never be able to walk again and Harding "has to pay his debt to society."

"Everybody's life changed in the blink of an eye and the shot of a bullet," Barnett said.

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

 

A Newark Sunoco gas station convenience store clerk whose life was threatened by an armed robber early Thursday morning is thanking God that a police officer intervened and saved his life.

NEWARK -- A Newark Sunoco gas station convenience store clerk whose life was allegedly threatened by an armed robber early Thursday morning is thanking God that a police officer intervened and saved his life.

"By the grace of God, the police officer came in. He told the man to put the gun down. When he didn't put the gun down, the police officer shot him," said 39-year-old Eric Afriyie.

"(The robber) said something would happen to me (if I didn't open the safe)."

RELATED: Newark cops shoot armed robbery suspect, authorities say

Afriyie, a Newark resident, immigrated to the U.S. from Ghana and has worked at the Washington Street gas station for four years.

Afriyie recalled that after midnight, two unmasked men came into the store and began demanding money. One of them came to the counter with a gun and asked him to unload the register, Afriyie said.

Afriyie said he opened the first register and there was nothing inside. He opened the second register, and there was money. After taking the money, the man told him to open the store safe, and when Afriyie said he didn't have the key, the man threatened him, the clerk said.

At that point, he said, a police officer came into the store, and told the accomplice to lay down on the ground and told the armed man to put down his gun, Afriyie said. When he didn't, the officer shot him in the stomach, Afriyie said. He did not know the current condition of the shot man, who was taken away on a stretcher.

The Essex County Prosecutor's Office's chief assistant prosecutor told NJ Advance Media that the man was transported to the University Hospital for treatment and the other man was taken into police custody. A source close to the investigation said the involved officer had just gone into the store to buy a beverage.

Afriyie expressed amazement about the officer's perfectly-timed arrival.

"(The officer) came on time. It's like God, maybe God (brought) him to save us, that's what I'm saying," he said. "If it was not (for) him, that guy, he would have done the wrong thing."

Pointing out that he was behind the register when the store was robbed "last week," he said he is now confused and unsure of what to do.

"My mind is not with myself right now. I can't take this now," he said. "The place is not safe. The whole job is not safe."

A manager at United Liquor, a store a few hundred feet away from the gas station, told NJ Advance Media that his shop was closed when the incident took place, but said he understood Afriyie's concerns.

Gustavo Araya said he talks to his liquor store customers behind a plastic wall for his safety, but that the news about the gas station robbery had him feeling distressed.

"I don't feel good about that, to have that happen in the neighborhood, but we just try to be kind of better because it's not easy," he said. "We have that (plaster barrier) thing, that's better for us. That's why that's never happened here."

Laura Herzog may be reached at lherzog@njadvancemedia.com. Follow her on Twitter @LauraHerzogL. Find NJ.com on Facebook.

A bankruptcy judge Thursday approved a for-profit hospital chain's $62.2 million bid to buy Saint Michael's Medical Center in Newark, although the hospital's future remains in the hands of the Christie administration.

TRENTON -- A bankruptcy judge Thursday approved a for-profit hospital chain's $62.2 million bid to buy Saint Michael's Medical Center in Newark, although the hospital's future remains in the hands of the Christie administration.

Prime Healthcare Services of Ontario, Calif. announced plans to acquire the 148-year-old three years ago, but the state Attorney General's Office and the Department of Health have not yet completed their review of the application to determine if is in the public's best interest.

Frustrated by the long wait, Saint Michael's executives filed for bankruptcy in August to protect the cash-starved hospital from having to make its monthly $1.8 million payment to the New Jersey Healthcare Facilities Financing Authority. The hospital owes the state $228 million in bonds.

RELATED: Bankrupt N.J. hospital accepts $62.2M purchase offer 

"It's been a long road and, today, we are another step closer to securing a vibrant future for our medical center, the community we serve, and our dedicated physicians and staff," said David A. Ricci, the hospital's president and CEO. "We hope the state will approve the sale promptly and look forward to continuing our legacy under Prime's leadership." 

Prime has promised to spent $50 million on capital improvements to maintain the facility as a hospital for a minimum of five years, and to hire "substantially all" its employees.

"Thank you to Judge (Vincent) Papalia for his decision, and we are so grateful to the Saint Michael's Board for supporting the best interests of the community and valuing Prime Healthcare's commitment to saving Saint Michael's Medical Center," said Luis Leon, president of Operations for Prime Healthcare.

A health care consultant hired by the Authority released a report earlier this year saying there were too many hospital beds in the city, but outpatient services were in demand. Navigant Consulting of Chicago recommended Saint Michael's and East Orange General Hospital be turned into outpatient care centers.

After the report was released, Newark city officials, religious leaders and residents who banded together to save the hospital and its 1,400 jobs by signing petitions and holding rallies. 

"This $50 million investment to upgrade and modernize Saint Michael's is a game changer for Newark's economy," said Central Ward Councilwoman Gayle Chaneyfield Jenkins, one of the hospital's loudest defenders. "Prime's investment will create jobs in the Central Ward and modernize our hospital. We need Prime to make this investment and we need it now, not later."

Some consumer health care advocates said they did not agree Prime was the best choice to save the beleaguered hospital. 

Representatives for the Campaign to Protect Community Health Care, led by NJ Citizen Action and the NJ Appleseed Public Interest Law Center, wished the St. Michael's board of directors had picked Prospect Healthcare Holdings, another for-profit national chain. Prospect, which is buying East Orange General Hospital, has expressed interest in collaborating with other Newark hospitals.

"Prospect Medical Holdings has offered -- and, indeed is still willing -- to work with the community and partner with University Hospital, Newark Beth Israel, and other healthcare organizations to work together to improve the health of all Newarkers and solidify the institution of University Hospital, which has been a sacred promise from the state to the people of Newark," according to the campaign's statement.

Although Prime commits to invest in the facility, "they've also made clear in their plans that they will emphasize the high-priced and high-profit services, that Newark arguably has too much of, like cardiac surgery and bariatric surgery" instead of services in short supply, "primary care, community-based care, outpatient care, behavioral health, substance abuse, and mental health services."

If the sale is approved, this would be Prime's third acquisition of Catholic hospitals. Prime also acquired St. Mary's Hospital in Passaic and St. Clare's three hospitals in Morris County.

The shift away from inpatient care and to outpatient services, accelerated by the Affordable Care Act, has hurt the smaller community hospitals. It has also sparked a flurry of mergers and acquisitions among the larger hospital chains in the state.

Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook. 

 

The man charged with murdering a man in front of his mother while robbing a Kearny jewelry store in 2009 is on his fifth lawyer and today he told a judge that the court is forcing him to represent himself.

KEARNY -- The Bloomfield man charged with murdering a man in front of his mother while robbing a Kearny jewelry store in 2009 told a judge today that the court is forcing him to represent himself.

"I just feel like my case is being toyed with here -- no offense," said the soft spoken John DeRosa, 57, who is charged with fatally shooting Xavier Egoavil, 47, of Kearny. The victim was gunned down during the robbery of his Rachel Jewelers on Kearny Avenue at 8:45 a.m. on Aug. 18, 2009.

"I just don't think that it's very fair what is going on, with all due respect," DeRosa, who is on his fifth lawyer, told Hudson County Superior Court Judge Joseph Isabella this afternoon. "I'm not trying to be a hassle."   

But Isabella told DeRosa that "Most times, attorneys were changed based on your action."

Isabella noted that DeRosa did not cooperate with his first attorney and did not get along with his second attorney. The judge said his third attorney was overwhelmed at his practice and had to give up the case, while his fourth attorney became a judge.

That has led to the appointment of a fifth lawyer, Scott Finkenauer, who said in court that "I have seen the file. It's gonna take me at least six months to be ready to try this case." DeRosa said the continued delay is making him consider representing himself.

However, Isabella resented DeRosa's accusation that the court is trying to force DeRosa into representing himself.

"You are a very bright person Mr. DeRosa so don't even try to trample the court with that completely disingenuous statement. I am not trying to make you go pro se. I have given you more lawyers than anyone in the state of New Jersey.

"I would prefer you not go pro se," Isabella added. "It's a disservice to you and I would not like to see that happen."

When the judge asked DeRosa to decide between representing himself or sticking with Finkenauer, he replied: "Judge, is it at all possible that I could just think this over? It's a big decision for me. I know it's a big decision for me to go pro se."

To that, Isabella told DeRosa that as of now he still considers Finkenauer to be his lawyer and will continue in that capacity. 

"I'm going to bring you back Dec 15, Tuesday, and if you tell me you want to represent yourself, let it be so," Isabella said. "In terms of a trial date, I am more than willing to give Mr. DeRosa his day in court."

Isabella went a step further and said that if DeRosa chooses to represent himself, the trial will start on April 19 and if he chooses to be represented by Finkenheur, it will start four or five months later.  

DeRosa has already done time in prison for a 1987 manslaughter in Essex County and he has had contacts with the justice system going back as far as 1970, according to state corrections records.

The prosecution alleges that when two men entered the store and announced a robbery, Egoavil scuffled with the gunman, who opened fire, striking Egoavil in the head, back, thigh and chest before the robbers stole jewelry and ran to a getaway car. DeRosa is charged as the gunman.

The accused getaway driver, Elvis Feratovic, 30, of Bloomfield, was charged with felony murder. He pleaded guilty to robbery and has agreed to testify against DeRosa. Edmir Sokoli, 29, of Bloomfield, was also charged with felony murder and has pleaded guilty to robbery. He too has agreed to testify against DeRosa, the prosecution said. 

Ali Muhammad Brown, 30, of Seattle, is on trial on charges of robbing a man at gunpoint on July 10, 2014 in the parking lot of an apartment complex in West Orange

NEWARK -- Over several days in July 2014, Ali Muhammad Brown was captured on surveillance videos using a stolen credit card at various locations in Essex and Union counties.

But an Essex County jury must decide whether Brown obtained the credit card in an armed robbery or if he found it after someone else committed the offense.

Those were the two scenarios presented to jurors during closing statements on Thursday at Brown's trial on charges of robbing a man at gunpoint at about 6 a.m. on July 10, 2014 in the parking lot of an apartment complex at 200 Mount Pleasant Avenue in West Orange. He is facing robbery and weapons offenses.

Brown, 30, of Seattle - who is charged in a separate case with fatally shooting Livingston resident Brendan Tevlin last year - has chosen to not attend the robbery trial. He remains in custody at the Essex County Correctional Facility in lieu of $5 million bail.

Brown's attorney, Albert Kapin, on Thursday told jurors that while Brown later used the credit card to purchase about $150 worth of Chinese food, clothing and other items, he found it after another person committed the robbery and discarded the credit card, among other items.

Kapin noted how the robber was wearing a mask during the incident, and Kapin claimed the victim only gave a "pretty generic description" of the assailant. He also took aim at the police investigation and cited an "absence of evidence" in the case, such as fingerprints and other forensic evidence.

"They basically rushed to judgment," said Kapin, referring to the police charging Brown with the robbery. "They decided this guy is the guy."

But Essex County Assistant Prosecutor Jamel Semper told the jury there was "overwhelming evidence" that Brown committed the robbery.

Semper noted how, when police located Brown on July 18, 2014 in a nearby makeshift campsite, officers found him with various items, such as the handgun, the clothing used to mask his face and the victim's wallet, including his driver's license.

Semper also argued the victim's descriptions of the robber and the weapon match Brown and the gun that was recovered.

"I'm not asking you to take a leap of faith here. I'm asking you to apply the law to these facts, apply the law to the evidence," Semper told the jurors. "There's no mystery man here, just Ali Brown. Hold him accountable."

The jury is expected to begin deliberations on Tuesday aftey they receive instructions on the law from Superior Court Judge Michael Petrolle.

MORE: Accused Brendan Tevlin killer refuses to attend robbery trial

The robbery allegedly occurred about two weeks after Brown gunned down Tevlin, 19, when Brown and at least three other men attempted to rob Tevlin on June 25, 2014 at a traffic light at Walker Road and Northfield Avenue in West Orange, authorities said.

While the other men fled the scene, Brown moved Tevlin's body into the passenger seat of Tevlin's Jeep Liberty and drove it to a nearby apartment building, where he abandoned it, authorities said.

Brown has told investigators he killed Tevlin as an act of "vengeance" for innocent lives lost in Iraq, Afghanistan, Syria and Iran. He also is charged with killing three men in Washington State.

In the Tevlin case, Brown was indicted in July on terrorism, murder and related charges. Brown also is charged with robbing a man on June 29, 2014 at a coffee shop in Point Pleasant Beach.

Ali Muhammad Brown, 30, of Seattle, appears for his arraignment before Superior Court Judge Michael Petrolle in connection with a July 10, 2014 robbery in West Orange. That incident occurred about two weeks after Brown allegedly gunned down Livingston teen Brendan Tevlin. Newark, NJ 2/9/15 (Robert Sciarrino | NJ Advance Media for NJ.com) Robert Sciarrino | NJ Advance Media for NJ.com

During the robbery trial, the victim testified he had opened a passenger side door of his vehicle to put items inside before heading to work, and he heard a voice from behind him say, "Hey, you know what this is."

When the victim turned around, he said he saw a masked man standing in the adjacent forested area and pointing a gun at him. After the robber ordered him to lay on his stomach on the ground, the assailant jammed the gun into the victim's back and stole his wallet, the victim said.

While pointing a handgun at the man, the robber then ordered the victim to get inside the trunk of the man's vehicle before he fled the scene, according to the victim.

RELATED: Brendan Tevlin executed for being an American, mother says

During his closing statement, Kapin noted how the victim said the robber entered the man's vehicle, but that police did not check the interior of the car for fingerprints or other forensic evidence.

Kapin also pointed out how an iPhone and a tablet allegedly stolen in the robbery were not later found with Brown. He challenged the state's theory that Brown committed the robbery while covering his face and then remained living in the nearby forested area.

"Does that make any sense?" Kapin asked.

But Semper argued Brown's journal was found at the campsite, which included an entry about opening an iPhone. "Why didn't the police find that phone? Ali Brown did something with that phone," Semper said.

As for Brown remaining near the scene of the robbery, Semper said the victim and police both expected the robber to flee the area.

But Brown was "hiding in plain sight, going against conventional wisdom," Semper said.

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

A 24-year-old Newark woman and confirmed gang member was sentenced to 22 years in prison for a 2011 fatal shooting outside an Elizabeth night club.

Tiffany Moore, 24, of Newark, was given a 22-year prison sentence for the fatal shooting of a 19-year-old woman outside an Elizabeth nightclub in 2011. (Union County Prosecutor's Office)

ELIZABETH -- A 24-year-old Newark woman was sentenced today to 22 years in prison, and must serve at least 85 percent of the term, for the 2011 fatal shooting of a woman outside an Elizabeth night club.

Superior Court Judge Scott J. Moynihan imposed the sentence on Tiffany Moore, who had pleaded guilty to a charged of manslaughter in the killing of Felicia Hester, 19, of East Orange, acting Union County Prosecutor Grace Park said today.

Under the term of the state "no early release act," Moore must serve as least 85 percent of the sentence before she is eligible for parole, Park said.

RELATED: Woman arrested for shooting outside Elizabeth lounge

Authorities said Moore is a confirmed member of the Piru set of the Bloods street gang.

Felicia Hester, an East Orange resident, was gunned down in Elizabeth around 2 a.m. on Sept. 22, 2011, outside the Coco Bongo nightclub at North Broad and Mary streets, authorities said.

Officers found Hester on the sidewalk suffering from a gunshot wound, said Union County Assistant Prosecutor Scott Peterson, who handled the case.

He said Hester was taken to University Hospital in Newark where she died two days later.

Moore, who was 21 at the time, was arrested less than a week after the shooting.

MORE UNION COUNTY NEWS

Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook

 

A supermarket brawl, pricey real estate and New Jersey's top predator all made this week's quiz.

Take your best shot at this week's NJ.com new quiz. The questions below are based on the top stories of the week gone by here on NJ.com, all stories you've seen if you're a regular user. Once your done, share your score in comments to see how you stack up with other NJ.com users. And remember, absolutely no Googling allowed.

This year alone, 7,804 cars, trucks and buses have been stolen so far in New Jersey through September. That's down more than 10 percent, but not every place has seen its numbers drop.

The recent takedown by the State Police and Attorney General's office of a major international car theft ring was a reminder that while the number of stolen cars taken off the streets of New Jersey has been dropping, Grand Theft Auto is not just a video game.

This year alone, 7,804 cars, trucks and buses have been stolen so far in New Jersey through September, according to new crime figures released in October by the State Police.

HOT WHEELS: What are the most stolen cars in New Jersey?

That's down more than 10 percent over the same period last year, but not every place has seen its numbers drop. The city of Orange, for example, had more cars stolen last year than 2013, although the State Police report indicates it is tracking a far lower tally for 2015.

Here are the 10 towns in the state where your wheels are most at risk, based on total number of vehicles taken by car thieves in 2014.

The rankings change somewhat when examined based on the number of stolen cars per population, but not by much--with the exception of Jersey City, which has numbers associated with a city, but dramatically cut car thefts last year. In some places, though, stolen vehicle rates were as high as 9 street heists for every 1,000 people.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.

The lawsuit filed on Nov. 6 by the trustees seeks $5.5 million in damages.

Trustees for the Newark Watershed Conservation Development Corporation, which state investigators say bilked millions of taxpayer dollars from New Jersey's largest city, are suing 18 people for their roles in allowing the alleged mismanagement of funds -- one of whom is U.S. Senator Cory Booker.

Booker, a Democrat who was Newark's mayor from 2006 to 2013, has denied any wrongdoing and his attorney Marc Elias called the lawsuit "frivolous."

For 40 years, the non-profit agency received millions of dollars each year to treat and deliver water to 500,000 customers in North Jersey, as well as manage Newark's 35,000 acres of reservoirs. 

MORE: Race, power and 'scurrilous' allegations: Inside the suit against the State Police boss

However, amid allegations from the state comptroller's office of rampant corruption, a federal investigation into the agency and calls for a legislative inquiry by two state senators, the watershed agency filed for bankruptcy in December. 

The 43-page lawsuit filed by the NWCDC's trustees in Newark's U.S. Bankruptcy Court on Nov. 6 blames 18 people for the agency's liquidation, including its former executives, employees, contractors, accountants and trustees.

"The Newark Watershed trustees were appointed to complete the task of shutting down the corporation responsibly while protecting taxpayers," said Elias, an attorney with Perkins Coie. "Yet two years and over a million dollars in expenses later, they still haven't accomplished this task and are now filing a frivolous lawsuit against Senator Booker and seemingly anyone else who has ever been within 100 feet of the Newark Watershed."

The suit pulls heavily from a state comptroller's scathing report made public in early 2014, which accused the agency's former executive director and political ally of Booker, Linda Watkins-Brashear, of squandering millions of dollars of the city's money through severance, illegal payments and no-bid contracts. 

According to the report, Watkins-Brashear also had a checkbook from agency, which her used to write herself unauthorized payouts totaling $200,000.

The bankruptcy trustee claims the defendants "caused the insolvency and demise of the NWCDC" through their alleged misuse of taxpayer money or negligent oversight of the agency from 2006 to 2012.  

The trustees say that the board and the agency's accountants were "aware of or should have been aware" of the alleged mismanagement of funds, "yet did nothing to stop or reduce the damage."

As mayor, Booker served as the board of trustees' chairman. 

"If the ordinary citizens of the Newark Water Group could uncover what was going on the mayor should have known," said Bill Chappel, a member of the citizen watchdog organization, Newark Water Group. 

The suit also claims that Booker's push to create a municipal utilities authority to handle the city's water and sewer issues "inappropriately utilized the NWCDC" and its funds.

Between 2008 and 2010, the NWCDC spent almost $1.3 million on consultants and lawyers for planning Booker's failed municipal utilities authority.

"For years as mayor, Cory Booker waged a public battle to reform Newark's water system and improve oversight and accountability, but those efforts were repeatedly blocked by opponents," Elias said.

After the state comptroller's report, which chided the former mayor and his administration for their oversight, Booker called for legal action to address the wrongdoing at the watershed agency. 

The suit seeks $5.5 million in damages and names an additional 10 businesses that allegedly received no-bid contacts.

Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig. Find NJ.com on Facebook.