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Judge to decide fate of girls booted from Catholic school after hoops suit

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Theresa Mullen and Scott Phillips are seeking a court order requiring St. Theresa School to re-accept their daughters.

NEWARK -- The fate of two Catholic grade school students who were denied admission for the 2017-18 school year after their family successfully sued to let one of the girls play on the boys basketball team now rests with a judge.

Closing arguments in the civil trial pitting the family of 13-year-old Sydney Phillips and 11-year-old Kaitlyn Phillips against St. Theresa School in Kenilworth and the Archdiocese of Newark were held Tuesday.

An attorney for the Phillips family argued the re-enrollment rejection was an act of retribution for the negative publicity the archdiocese endured from the basketball lawsuit.

The archdiocese, however, cast the Phillips' parents as bullies and a disruption to the school's community. As a private school, the archdiocese contends it has every right to deny entry to the students.

"This case is first and foremost about the absolute First Amendment right of a Catholic institution to make ecclesiastical decisions about who attends its schools," said attorney Christopher Westrick, who is representing the archdiocese.

Susan McCrea, the lawyer for the Phillips family, accused the school of caring more about preventing negative publicity than about protecting students. Also part of the family's lawsuit are allegations that the archdiocese mishandled complaints that students and parents harassed and bullied Sydney, and that the archdiocese didn't do enough to stop it.

"It's not protecting Sydney Phillips," McCrea said. "It's certainly not protecting her younger sister."

'I have been bullied,' nun says of parents fighting Catholic school expulsions

The trial concluded Tuesday evening after more than 12 hours of proceedings that day. Judge Donald A. Kessler is expected to issue his opinion next week on whether St. Theresa School should be forced to allow the girls to return to classes in the fall.

Kessler also presided over the Phillips' highly-publicized legal battle with the school and the archdiocese that ultimately led to Sydney Phillips being allowed to play for the boys basketball team. The school did not offer a girls team due to lack of interest.

During that dispute, Sydney and Kaitlyn were expelled, but the archbishop, Cardinal Joseph W. Tobin, directed his staff to allow the girls back to school. 

In denying the girls' return for the 2017-18 school year, the archdiocese has contended their parents' behavior during the past two academic years was disruptive and that they bullied school staff.

Their mother testified Tuesday, however, that the first time Catholic school officials shared any concerns about her behavior while she complained about the alleged harassment was when they ruled her daughters could not return to school.

Theresa Mullen said she met repeatedly with school administrators and Archdiocese of Newark officials to express concern about alleged sexual harassment and bullying against Sydney, but none warned her that her actions threatened her girls' ability to keep attending St. Theresa School. 

"In any of the conversations you had ... were you anything other than ladylike?" Susan McCrea, the lawyer representing the Phillips family, asked at trial.

"No," Mullen replied.

"Did anyone ever complain about your behavior to them?" McCrea asked.

Again, Mullen said they had not.

Mullen said she left that meeting unsatisfied that the archdiocese would not let Sydney play with the boys and could not show adequate progress in investigating the harassment.

"The last thing I said when I left that meeting was I didn't want to take this matter to court," Mullen said. "She (Dr. Margaret Dames, the superintendent of schools) said to me, 'Have your lawyer call our lawyer.'"

Marisa Iati may be reached at miati@njadvancemedia.com. Follow her on Twitter @Marisa_Iati or on Facebook here. Find NJ.com on Facebook

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Cops seeking man accused in hammer attack at store

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Man fled the store and was treated at a local hospital, according to police.

NEWARK -- Police on Wednesday asked for the public's help to find a Newark resident accused of beating a 53-year-old man with a hammer after an argument at a store in Newark's West Ward.

hammer.jpgMaurice Murray, 25 (Photo: Newark Dept. of Public Safety) 

Maurice Murray, 25, was charged with aggravated assault in the attack last Wednesday, according to police.

The victim reported Murray hit him "repeatedly" with a hammer after the two had an argument around 4 p.m. at a business in the 900 block of South Orange Avenue, police said. The injured man escaped the shop.

He suffered non life-threatening injuries and was treated at an area hospital, according to authorities.

"While police are actively searching for Murray, we seek the public's assistance in quickly locating him and removing him from our streets," Newark Public Safety Director Anthony Ambrose said. "The investigation is continuing."

In a statement, Ambrose urged anyone with information to contact Newark's 24-hour Crime Stoppers tip line at 1-877-NWK-TIPS (1-877-695-8477) or 1-877-NWK-GUNS (1-877-695-4867). All anonymous tips would be kept confidential and could lead to a reward, officials said.

Tips can also be submitted with the Newark police smartphone app and website.

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

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Police arrest man wanted for attempted killing of driver, officials say

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Motive for the shooting not immediately clear.

NEWARK -- A 19-year-old Irvington resident who was wanted on an attempted murder charge for shooting another man in Newark's Central Ward was arrested early Wednesday, police said.

Levi Reynolds was also charged with aggravated assault and weapons offenses in the July 30 shooting on the 100 block of Springfield Avenue, Public Safety Director Anthony Ambrose said in a statement.

Reynolds was in the back seat of a vehicle shortly before 6 a.m. when he shot the 22-year-old driver, authorities said. The shooting victim was treated at University Hospital and later released.

Detectives with the city police division's Fugitive Apprehension Team arrested Reynolds in Irvington without incident, officials said.

A police spokesman said a motive for the attack remained under investigation.

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

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Newark sweep nets 55 arrests, several guns, police say

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Cocaine, heroin also seized in week-long operation.

NEWARK -- Police arrested 55 people, seized five handguns along with various drugs as part of a week-long sweep in Newark, officials said Wednesday.

The operation took place through Sunday and came in response to complaints from residents, Public Safety Director Anthony Ambrose announced. In all, police recovered 347 decks of heroin, 425 vials of cocaine, 28 plastic baggies of marijuana and pills.

Authorities said they seized about $2,200 in cash from drug transactions and an estimated $8,270 worth of illicit drugs.

Several men arrested in the sweep face weapons offenses. The first gun-related arrests in the operation came around midnight Tuesday when police say officers encountered 19-year-old Shaheed Clark and 20-year-old Zaire Dickerson near Madison Avenue and South 15th Street.

Police saw Dickerson had a gun and stopped the pair, according to authorities. Both men were charged with various weapon and drug offenses.

Authorities on Wednesday found a handgun and drugs after they searched a car as part of an ongoing investigation, police said. The car's owner, Bryan Onley, 33, was being sought by police.

Officers seized another gun Sunday after they pulled over a car near Clinton Avenue and Stratford Place, according to authorities. Dawan Walker, 20 and, Jonathan Moya, 23, were charged with weapons offenses in that incident.

The bulk of the arrests were for drug-related offenses and people with outstanding warrants. Police also made arrests for burglary and robbery as part of the operation.

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

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Burlington Coat Factory coming to Newark

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The brand name store will open on Broad Street in 2019, officials confirmed.

NEWARK -- For the first time in at least a decade, a department store has plans to open its doors in Newark.

Burlington Coat Factory, a discount national retailer, plans to open a 60,000 square-foot location on 729-737 Broad Street, Carmelo Garcia, executive vice president and chief real estate officer for the Newark Community Economic Development Corporation told NJ Advance Media. 

"We've been working on that for a year," Garcia said. He said Burlington had plans to retrofit the space and open in 2019. 

"The job creation behind it is one of the most pertinent factors, that's the real driving force, behind us recruiting and accommodating businesses," he said. "When you have these sort of engines that are coming in and they're stimulating the economy and creating jobs."

He said bringing in a store like Burlington to Newark would help draw even more businesses to the city's main commercial corridors.

Garcia said Burlington is waiting for the city to approve a tax abatement before executing its lease and beginning construction later this year. 

Karen Yi may be reached at kyi@njadvancemedia.com. Follow her on Twitter at @karen_yi or on Facebook.

 

Newark cop who let wanted suspects go is suspended

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The failure to make arrests was discovered through camera footage

 

NEWARK -- A city police officer has been suspended for six months for failing to arrest drivers found to have warrants for their arrests, Public Safety Director Anthony Ambrose said in a statement Wednesday.

"I will not tolerate officers taking shortcuts or failing to do their job. The majority of our officers work extremely hard and risk their lives daily doing so. This young officer needs to accept his discipline and to return to work with a compliant and positive work ethic.  If he doesn't, there is no room for him in the Newark Police Division," Ambrose said.

Citing "administrative reasons," Ambrose declined to release the name of the 27-year-old officer, who has been on the force for two years. He was suspended Wednesday following an administrative hearing and will receive training when he returns to the job in January, Ambrose also said.

A routine audit earlier this year of footage captured on the officer's body and dash cams showed the police officer stopping a motorist for a traffic violation. A computer check of the motorist's information showed that the motorist was wanted on an outstanding warrant, but the officer failed to make an arrest and only issued a ticket, Ambrose said.    

A subsequent investigation by the police division's Integrity Control Officer revealed that the officer had let several other wanted motorists go.  

A police spokesman reached Wednesday said the suspects were wanted for both traffic violations and for criminal matters.

James Stewart, president of the Newark Fraternal Order of Police, noted that cameras help hold police guilty of wrongdoing accountable, including "this young cop" who is "paying a heavy price for his failure to make several arrests as he was bound to do."

But Stewart also said that the cameras can and should be used to discourage wrongful accusations against police by members of the public.

"I can only hope that when citizens make accusations against our officers that are subsequently found to be false via the same body camera footage review that our administration authorizes charges for making false police reports with the same vigor," he said.

A total of 80 police officers have been equipped with body cameras donated by Panasonic, which also provided 15 dash cams. The cameras have been in use in the 5th Precinct under a pilot program launched in April.

Also this year, Ambrose said, the division brought back Integrity Control officers, ranking members charged with monitoring officers' activity in order to identify and correct any potentially problematic behavior.

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

 

More vintage photos of what N.J. people wore

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Styles and profiles through the years in the Garden State.

People seem to enjoy our fashion and style galleries. And, truth be told, I like learning about the history of apparel. So, here we go:

* According to ingenious.org.uk, the trade of jean fabric emerged in the cities of Genoa, Italy, and Nimes, France; the term 'jeans' comes from the cotton pants worn by Genoan sailors.

* Magforum.com notes that America's first fashion magazine was "Harper's Bazaar," first printed in 1867. It was acquired by the Hearst Corporation in 1912 and is currently published in 18 countries.

12705783_624033617734848_3959957674539518775_n.jpgNever leave fashion decisions to men; Red Cross nurses who came ashore at Normandy following the D-Day invasion in 1944 were apparently expected to do so in skirts and saddle shoes. 

* Scratchhard.com says that in her lifetime, the average American woman will spend $125,000 on clothes and accessories including 271 pairs of shoes, 185 dresses and 145 bags.

* Infoplease.com notes that women's nominal clothing sizes have increased in physical size over the years in a phenomenon known as "vanity sizing." A size 8 dress with a 32-inch bust in 1967 is now considered a size 0 today.

* Men's suits as we know them today, according to rajasfashions.com, were invented by Beau Brummell, a graduate of the elitist English college Eton. He loathed the decorative court dresses and frocks that men wore and created his own style.

* The site also notes that we have Croatia to thank for the invention of the neck tie, then known as cravats. And the neck tie remains the most popular Father's Day gift in the world to this day. Don't give me one, kids.

Here's a gallery of what people in New Jersey wore over the years. And here are links to past galleries you might enjoy.

Vintage photos of what N.J. people wore

Vintage photos of what we used to wear in N.J.

Vintage photos of styles and fashions in N.J.

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

Commuter advocates lobby NJ Transit for change on light-rail system

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Commuter advocate said some NJ Transit light rail riders are being unnecessarily fined for fare evasion, which could be reduced by changing how tickets are sold.

Despite a plea from commuter advocates to change the penalty system on the three light rail systems, NJ Transit's board of directors voted Wednesday to renew fines for fare evaders.

Commuter advocates said they wanted to spare light rail passengers from paying a penalty for forgetting to time stamp tickets after purchase. As a solution, advocates proposed that NJ Transit sell tickets that could be used immediately.

The problem as advocate see it is that the failure to buy a ticket or the failure to time stamp or "validate" a paper ticket in a separate machine after purchase both carry a maximum fine of $100. Officials said violators are typically fined $75 and not the maximum. 

A proposed solution would be to to offer a "ride now" option on ticket vending machines to sell riders a ticket that's immediately valid for travel, said David Peter Alan, Lackawanna Commuter Coalition president. Tickets already have the purchase date and time printed on the bottom and would only need an expiration time added to it, he said.  

The current system unfairly penalizes passengers who haven't validated their ticket the same as fare evaders who have no ticket, Alan and other advocates said. 

"If they are going to prosecute people for not validating a ticket, they need to offer an option to buy a pre-validated ticket for use now," he said, adding that other transit systems sell a "Ride Now" ticket that has an expiration time.

Other advocates said they supported the idea.

"I didn't see the need for ticket validation if the ticket vending machines could include the date/time of purchase," said Len Resto, New Jersey Association of Railroad Passengers president. "Many people, especially those unfamiliar with the system, forget to do it."

NJ Transit explored the idea of a "Ride Now" ticket, but rejected for logistical reasons, said Nancy Snyder, a spokeswoman.

"In cases when light rail experiences a service delay or disruption, the pre-validated ticket may expire before the customer is able to use the service," she said.

Unlike NJ Transit buses and commuter rail, where tickets are checked by the driver or a conductor, light rail passengers are on a pseudo-honor system, and have to show a time stamped paper ticket or a monthly pass to a fare enforcement officer when requested. 

Resto and Alan said the fine for failing to validate a ticket should be lower than for fare evasion. 

"There should be a huge difference in the fine, It is a burdensome step," Alan said. "Maybe the passenger didn't have time to validate, maybe they're a visitor who buys a ticket and doesn't know."

"A lot of innocent people will pay the fine, so they don't have to go to the trouble to appear in court and spend the half a day making a defense," Alan said.

Additionally, single light rail tickets aren't sold through NJ Transit's My Tix ticket buying feature on its smartphone app, which would eliminate the validation issue, Alan said. NJ Transit officials said they plan to add single light rail tickets to the app, but no roll out date has been set.

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


The most infamous person from each of N.J.'s 21 counties

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From gangsters to "Housewives," this is the ultimate look at the Garden State's most notorious characters

100 years old and still teeing off twice a week

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Upper Montclair Country Club held a Centennial Golf Classic in honor of longtime member Bob Beaven of Denville on Wednesday, a day after his 100th birthday. He played 9 holes.

CLIFTON -- It was 53 years ago that Bob Beaven decided it made sense to join the country club across Broad Street from his office at Essex Chemical Corporation in Clifton, where he put his golf game to work making putts and sales as vice president for marketing. He was 47 at the time.

Beaven retired from Essex Chemical three decades ago, but at age 100, he still plays golf at Upper Montclair Country Club, teeing off twice a week, every Wednesday and Saturday.

"I shot my age four times," said Beaven, referring to a feat far rarer than a hole-in-one, in which the golfer's score for a full 18 holes is as low or lower than his or her age. "I guess the first one was an 83. I played better when I was in my 80's. I won the super seniors (80-and-over club championship) here four years in a row."

"My best score was probably 73," added Beaven, a 7 handicapper in his prime. "I shot that down in Florida."

Beaven, who's handicap is now 43, turned 100 years old on Tuesday, and the club held a "Centennial Golf Classic" in his honor on Wednesday morning, with clear, sunny skies above Upper Montclair's tree-lined, meticulously manicured fairways. Despite its name, the club is actually located in Clifton.

Speaking over the stone clubhouse's public address system, club pro Michael Holiday announced the start of the event, which began at 8 a.m., with a low-lining 100-yard drive onto the fairway by the centenarian "birthday boy."

Beaven, the club's oldest member, was part of a foursome of retirees that also included Steve Knee, 76, of North Caldwell, Maurie Eaton, 79, of Kinnelon, and Judge Frank Donato, 76, formerly of state Superior Court in Passaic County. Eaton and Donato, a former 10-handicapper who sunk 50-foot put on the third green, regularly play with Beaven as a threesome.

"I've been playing with Bob for 20 years," said Eaton, who ran an insurance agency. "He's a gentleman, a competitor, and a sportsman."

In his younger days, Beaven was known as a big hitter. Today, his game is typical of super-seniors who once had low handicaps: his backstroke and his distance are much shorter than they used to be; but he keeps the ball on the fairway; and he keeps his cool and his perspective, enjoying the exercise, the outdoors, and the companionship that are part of the game.  

As usual, Beaven and his playing partners rode carts, while caddie Jim Manella Jr. spotted balls, gauged distances to the green, and read putts.

"Some members get caught up in how they play," said Manella, himself an avid golfer, who is retired from the car business. Of Beaven, he said, "He just enjoys the game. I've never seen him get upset, never seen him throw a club. Actually, he's a pleasure."

A widower and grandfather of 11, Beavan lives at the Oaks at Denville retirement community. He usually drives himself to the club.

He could offer no explanation for his longevity, and when asked if he smoke or drank, he said, "I drink a lot," preferring scotch.

"I have a girlfriend," he added.

He did note that, apart from playing golf, he had been a swimmer most of his life, and nearly made the Olympics after starring on the Pawtucket High School swim team while growing up in Rhode Island.

But golf has been his money sport, at least indirectly, helping him close many a deal during his lucrative career at Essex Chemical.

"I was a salesman," Beaven said. "My friend said, 'You never worked in your life. All you did was play!' But i made a million bucks."

Steve Strunsky may be reached at sstrunsky@njadvancemedia.com. Follow him on Twitter @SteveStrunsky. Find NJ.com on Facebook. 

Woman who says cops held her without water for hours gets $60K, report says

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Anita and Harold Veal of Montclair will receive $60,000 to settle the lawsuit, which stemmed from a traffic stop on Aug. 9, 2010.

PATERSON - The city Council has agreed to settle a false arrest lawsuit filed by a Montclair couple who claim cops mistreated the woman after falsely claiming to have an arrest warrant, according to a report.

Anita and Harold Veal of Montclair will receive $60,000 to settle the suit, which stemmed from a traffic stop on Aug. 9, 2010, according to PatersonTimes.com.

The couple filed suit nearly two years after the arrest, claiming Anita Veal was falsely arrested without a warrant or probable cause. The lawsuit claimed an officer made sexist epithets, crude comments, curses, racial slurs and attacks on her religious faith, according to the report.

Veal claimed she was held more than eight hours without food, water or a working bathroom. The Paterson police officers have not been named.

The city council on Tuesday approved the settlement amount by a 5-1 vote, according to PatersonTimes.com.

Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.

 

Shooting leaves 3 wounded in Newark

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No arrests after gunfire Wednesday night.

NEWARK -- Three people were injured in a shooting Wednesday night in Newark, city police said.

The victims suffered injures that were not considered life-threatening, according to Capt. Derek Glenn. The injured were identified as two females and a male.

Police did not immediately make any arrests in the shooting, which occurred shortly before 8 p.m. near Central Avenue and North 5th Street.

Additional details were not immediately available.

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

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Bring popcorn and pups to movies

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NEWARK -- The Newark Museum's "Dog Days of Summer" outdoor movie series will continue with screenings on Aug. 17 and Aug. 24. The Aug. 17 screening will feature "Good Boy", a movie about an intergalactic dog pilot who visits Earth to verify rumors that dogs have failed to take over the planet. Aug. 24's film will be "Hotel for Dogs,"...

ex0813pet02.jpg 

NEWARK -- The Newark Museum's "Dog Days of Summer" outdoor movie series will continue with screenings on Aug. 17 and Aug. 24.

The Aug. 17 screening will feature "Good Boy", a movie about an intergalactic dog pilot who visits Earth to verify rumors that dogs have failed to take over the planet. Aug. 24's film will be "Hotel for Dogs," in which two children secretly take stray dogs to live at a vacant hotel.

Films are shown in the Alice Dreyfuss Memorial Garden and well-behaved dogs on leashes can attend with their owners. A section for attendees without pets is also provided. Viewers should bring blankets or low lawn chairs to the screenings.

Tickets are $10 and can be purchased by going to newarkmuseum.org. The museum is located at 49 Washington St.

Shelters interested in placing a pet in the Paw Print adoption column or submitting news should call 973-836-4922 or email essex@starledger.com.

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

Liquor-stealing cop can hold public job again, judge reportedly rules

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Reports say the ex-officer received a year of probation.

BELLEVILLE -- A former Belleville police officer who admitted to stealing a $50 bottle of tequila from a township liquor store in December 2015 has not been barred from public employment in the future, according to a report about her sentencing.

Wanda Posada, 50, was sentenced Wednesday to one year of probation and was ordered to pay restitution after admitting to the crime, but was not barred from future public employment, NorthJersey.com reported.

Prosecutors had reportedly asked for forfeiture of public employment as part of Posada's sentence, citing a history of other alleged shoplifting incidents. But, Superior Court Judge Martin Cronin found the evidence did not prove the crime touched on her job as a police officer, NorthJersey.com reported.

An employee at White Oak Liquor Shop Thursday declined to answer questions about the incident.

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

 

Newark residents object to landlord's removal of their bulletin boards

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The Pavilion Tenant Association in Newark knows how to get the attention of the apartment building's  owner.   First, association members photographed unsightly and unhealthy conditions last month that they said had not been addressed in a year at the Pavilion apartments, two 22-story high-rises near downtown. Then, they placed the pictures inside of the association's glass-enclosed bulletin boards,...

The Pavilion Tenant Association in Newark knows how to get the attention of the apartment building's  owner.  

First, association members photographed unsightly and unhealthy conditions last month that they said had not been addressed in a year at the Pavilion apartments, two 22-story high-rises near downtown. Then, they placed the pictures inside of the association's glass-enclosed bulletin boards, along with stinging commentary.  

Disgusting. We don't live in the ghetto. Shame. Unprofessional work. Embarrassing. We work hard to pay rent.

MORE: Recent Barry Carter columns  

The messages of frustration were next to images of unpainted hallways with plaster that had not been sanded. , broken lights on the property, water damage on walls.  A ventilation cover was cracked with black dirt.  A trash chute didn't work. Seams in the tattered carpeting were patched together with silver duct tape that is used to weatherize windows and air-conditioners. 

"We were fed up,'' said Kyle Screen, president of the association 

The owner - Pavilion Broad Street LLC - had it, too. They took notice, but not in the way residents wanted. Its attorney, Derek Reed, sent a letter to Screen last month demanding that the association stop posting "inflammatory and overtly hostile'' statements.  He said the pictures were "grossly exaggerated'' descriptions intended to harm Pavilion's business.

"On that basis, it is our client's position that these postings are well beyond the scope of permissible content,'' said Reed, an attorney with Ehrlich, Petriello, Gudin & Plaza.

If the association didn't remove the material, the bulletin boards would be taken down. You know what happened. The residents didn't comply. The owner made them - with a crowbar - when it had the Alpha Property Management Company remove the bulletin boards on July 19.

Tension between residents and management at the Pavilion is not new. The bulletin boards came about in a 2012 court agreement with Alpha Property Management, which then-operated the Pavilion and was represented by the same law firm, Ehrlich, Petriello, Gudin & Plaza.

The management company wanted to evict Sam August, the tenant president at that time, after it told him to stop posting flyers about tenant business on walls throughout the building.  The company said that doing so was against the lease rules. Sliding the notices under tenant doors was not allowed, either. 

As a compromise, Alpha agreed to allow the association to purchase glass-enclosed bulletin boards that contain "tenant- or community-related information.'' 

Now that the boards are  gone, Screen and another vocal tenant, Janise Afolo, say the court agreement has been violated.

"Posting the conditions of the property is community-related information,'' Screen said.

"They haven't done anything in our building,'' Afolo said. "You can't silence a tenant association and deny them access to freedom of speech. That's what they're doing."

Reed disagrees with them on both fronts, saying the boards have been up for several years without a problem under Alpha Management until now.

As for building conditions, he said a significant amount of work has been done since his client took over management more than over a year ago. Reed couldn't site specifics, but said, "there's maintenance done on the property almost every day.''

It's just not what residents envisioned after meeting with the owner several times to discuss the issues. Screen said they didn't complain until this year, giving the owner a chance to make improvements at the building. He said the owners arranged for them to meet with a contractor, who showed samples of new carpeting, a grey and yellow color scheme for the walls. The contractor even a painted a section of the hallway. There are pictures, too.

But nothing happened.

"We're not making this up,'' Screen said.

Scott Mason, the vice president of Alpha Management, said in an email that he is taken aback by Screen's complaint because meetings he's had with the association have been open and productive.

Since February, he said, the Pavilion has either completed or planned numerous capital improvements that include, exterior painting, fencing, completing a parking entry gate system, heating and air-conditioning upgrades and lighting.

He said Screen's concerns are "common cosmetic and regular maintenance issues'' that are routine with buildings of this size and they are addressed in a timely manner.

MORE CARTER: Law firms play ball for Greater Newark Fresh Air Fund 

 "It's regrettable that Mr. Screen and the PTA have chosen to engage in such counterproductive behavior.''

August said nothing has changed since in 2012. Taking him to court then, he said, was an effort to squash tenant advocacy. He and Screen view removal of the bulletin boards as another attempt to do the same. The residents, he said, had to be do something since repairs are hard to come by. It took seven months, August said, to have the ventilation system on his side of the building repaired after residents reported the situation to the city's code enforcement department.

The bulletin boards are gone, and there are no plans for their return.

"Unfortunately, based on a few tenant's actions, right now our position is that any further meetings with those residents will not be productive,'' Reed said.

Residents said that will not stop them from speaking out.

Barry Carter: (973) 836-4925 or bcarter@starledger.com or 

nj.com/carter or follow him on Twitter @BarryCarterSL


Arraignment delayed for man charged with murder and shooting 10-year-old girl

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Today's arraignment of a Jersey City man charged with murdering a man and attempting to murder a 10-year-old girl has been pushed back to Monday.

JERSEY CITY -- Today's arraignment of a Jersey City man charged with murdering a man and injuring a 10-year-old girl in the same shooting has been pushed back to Monday. 

Jonathan Ferrera, 21, is charged with fatally shooting Jimmy Gregory, 19, and wounding the girl on Ocean Avenue near Van Nostrand Avenue at about 10 p.m. on April 16.

A Street Crimes Unit officer spotted Ferrera and his codefendant, Corey Pickett, 21, as they approached Gregory, and saw them both take out handguns and fire at him, according to the criminal complaint.

The 10-year-old was shot as she was waiting in a car with her younger sister and another adult while her mother was picking up french fries inside a restaurant, authorities said. 

Gregory was pronounced dead at the scene.

The girl, who lives in East Orange, was shot in the torso and she was taken to the Jersey City Medical Center. In a news report, the mother said doctors had to remove the girl's colon during surgery.

The complaint says the officer approached the gunmen after the shooting but they ran away and were captured by responding police officers. A handgun was found along the paths of their attempted escapes, the court document states.

Pickett has also been indicted, but an update on the status of his prosecution was not immediately available today.

Ferrera's arraignment was adjourned due to a scheduling conflict. His arraignment is now scheduled for 10 a.m. on Monday before Hudson County Superior Court Judge Martha Royster in the Hudson County Administration Building in Jersey City. 

Grandmom was driving high in I-78 crash that killed 2 grandkids, cops say

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A 5-year-old boy and 2-year-old girl died from their injuries in the wreck on Sept. 14, 2016. Their grandmother, from Newark, was charged Thursday.

A 55-year-old New Jersey woman was high on marijuana when she crashed her car on Interstate 78, killing her two young grandchildren, police report.

Nadine Walton, of Newark, was charged Thursday with involuntary manslaughter, homicide by vehicle while driving under the influence and 12 other charges stemming from the Sept. 14, 2016, early morning wreck, according to court records.

Walton has not yet been arraigned on the charges.

A GoFundMe set up for the family following the crash says that they were traveling back from a funeral in South Carolina.

Five-year-old Ravon Xavier Robinson was ejected from Walton's 2011 Nissan Versa about 12:56 a.m. on I-78 East in Lower Saucon Township. He died at the scene from his injuries.

Ravon Xavier RobinsonRavon Xavier Robinson, 5, was killed in the crash. 

His 2-year-old sister Brielle Javlyn Robinson was also ejected and died from her injuries Sept. 16 at Lehigh Valley Hospital Cedar Crest. The children were in safety seats, police said.

Walton's blood tested positive for marijuana and police found drugs and alcohol in the car, court records state. The children's mother Stefany Stephens, also of Newark, was the front seat passenger in the car. 

Police report they found several containers of alcohol, both full and empty in the car, a broken container lying on the highway outside of the car and a marijuana blunt on the driver's side floor. 

A search of Walton's purse turned up marijuana in a bag along with a suspected marijuana blunt and 42 Oxycodone pills, court records state.

Walton was driving in the left lane of I-78 East when she lost control of the car. When she tried to regain control, she crossed into the right lane and struck a guide rail. 

A 2014 Kia Forte, driven in the left lane by David B. Getz Jr., 26, of Easton, then hit the car, as did a 1996 Dodge Caravan driven by Michael Gura, 49, of Warren, New Jersey, police said. Both of them were injured and taken by ambulance to area hospitals, police reported at the time of the wreck.

Both Walton and Stephens were severely injured in the crash. Walton was pinned in the Nissan when police arrived.  

In addition to involuntary manslaughter and homicide by vehicle while driving under the influence, Walton faces charges of aggravated assault by vehicle while DUI, aggravated assault by vehicle, homicide by vehicle, possession of a small amount of marijuana, possession of drug paraphernalia, driving under the influence of a controlled substance, having alcohol in a car and traffic violations.

Sara K. Satullo may be reached at ssatullo@lehighvalleylive.com. Follow her on Twitter @sarasatullo and Facebook. Find lehighvalleylive.com on Facebook.

Cops seize 285 purses, accuse 2 of selling counterfeit merchandise

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Official says arrests protect public from phony goods.

NEWARK -- Police seized more than 200 purses and accused two vendors of selling counterfeit merchandise after separate arrests in downtown Newark, officials said Thursday.

vendors.jpg(Photos: Newark Dept. of Public Safety) 

Detectives spotted Elhadji Dieng, 59, and Abdou Gueye, 62, selling the bogus purses near Broad and Market streets around 1:45 p.m. Wednesday, according to city police. Both men were charged with trademark violation.

Authorities said they seized a total of 285 purses from the two city residents. The arrests came as part of an effort to combat "quality of life issues" in Newark's downtown.

In a statement, Newark Public Safety Director Anthony Ambrose commended the city police division's Metro Downtown Task Force, Essex County Prosecutor's Office and private investigations firm Allegiance Investigation Company for assisting in the effort.

Ambrose said the joint operation was "safeguarding the public from counterfeit merchandise."

"These operations also support vendors of legitimate products who serve Newark residents and visitors in the downtown area," Ambrose added.

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

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Newark residents and landlord clash over bulletin boards | Carter

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Residents at the Pavilion Apartments in Newark are upset with the owner for taking down its bulletin boards that contain pictures of conditions at the buildings.

The Pavilion Tenant Association in Newark knows how to get the attention of the apartment building's owner.

First, association members last month photographed what they deemed unsightly and unhealthy conditions, which they said had not been addressed in a year at the Pavilion apartments, two 22-story high-rises near downtown. Then, they placed the pictures inside of the association's glass-enclosed bulletin boards, along with stinging commentary.

"Disgusting." "We don't live in the ghetto." "Shame." "Unprofessional work." "Embarrassing." "We work hard to pay rent."

MORE: Recent Barry Carter columns  

The messages of frustration were next to images of unpainted hallways with plaster that had not been sanded, broken lights on the property, water damage on walls. A ventilation cover was black with dirt. A trash chute didn't work. Seams in the tattered carpeting were patched together with silver duct tape that is used to weatherize windows and air-conditioners.

"We were fed up,'' said Kyle Screen, president of the association

The owner -- Pavilion Broad Street LLC -- took notice, but not in the way residents wanted. Its attorney Derek Reed sent a letter to Screen last month demanding that the association stop posting "inflammatory and overtly hostile'' statements. He said the pictures were "grossly exaggerated'' descriptions intended to harm Pavilion's business.

"On that basis, it is our client's position that these postings are well beyond the scope of permissible content,'' said Reed, an attorney with Ehrlich, Petriello, Gudin & Plaza.

If the association didn't remove the material, the bulletin boards would be taken down. You know what happened: The residents didn't comply. The owner made them -- with a crowbar -- when it had the Alpha Property Management Company remove the bulletin boards on July 19.

Tension between residents and management at the Pavilion is not new. The bulletin boards came about in a 2012 court agreement with Alpha Property Management, which then-operated the Pavilion and was represented by the same law firm, Ehrlich, Petriello, Gudin & Plaza.

The management company wanted to evict Sam August, then the tenant president, after it told him to stop posting flyers about tenant business on walls throughout the building. The company said that doing so was against the lease rules. Sliding the notices under tenant doors was not allowed, either.

As a compromise, Alpha agreed to allow the association to purchase glass-enclosed bulletin boards that contain "tenant- or community-related information.''

Now that the boards are gone, Screen and another vocal tenant, Janise Afolo, say the court agreement has been violated.

"Posting the conditions of the property is community-related information,'' Screen said.

"They haven't done anything in our building,'' Afolo said. "You can't silence a tenant association and deny them access to freedom of speech. That's what they're doing."

Reed disagrees with them on both fronts, saying the boards have been up for several years without a problem under Alpha Management until now.

As for building conditions, he said a significant amount of work has been done since his client took over management more than over a year ago. Reed couldn't site specifics, but said, "there's maintenance done on the property almost every day.''

It's just not what residents envisioned after meeting with the owner several times to discuss the issues. Screen said they didn't complain until this year, giving the owner a chance to make improvements at the building. He said the owners arranged for them to meet with a contractor, who showed samples of new carpeting, a gray-and-yellow color scheme for the walls. The contractor even a painted a section of the hallway.

But nothing happened.

Only sections of the damaged carpet have been replaced and Screen said it doesn't match.

Scott Mason, the vice president of Alpha Management, said in an email that he is taken aback by Screen's complaint because meetings he's had with the association have been open and productive.

MORE CARTER: Law firms play ball for Greater Newark Fresh Air Fund  

Since February, he said, the Pavilion has either completed or planned numerous capital improvements that include exterior painting, fencing, completing a parking entry gate system, heating and air-conditioning upgrades and lighting.

He said Screen's concerns are "common cosmetic and regular maintenance issues'' that are routine with buildings of this size and they are addressed in a timely manner.

"It's regrettable that Mr. Screen and the PTA have chosen to engage in such counterproductive behavior.''

August said nothing has changed since in 2012. Taking him to court then, he said, was an effort to quash tenant advocacy. He and Screen view removal of the bulletin boards as another attempt to do the same. The residents, he said, had to do something since repairs are hard to come by. It took seven months, August said, to have the ventilation system on his side of the building repaired after residents reported the situation to the city's Code Enforcement Department.

The bulletin boards are gone, and there are no plans for their return.

"Unfortunately, based on a few tenant's actions, right now our position is that any further meetings with those residents will not be productive,'' Reed said.

Residents said that will not stop them from speaking out.

"We're not making this up,'' Screen said.

Barry Carter: (973) 836-4925 or bcarter@starledger.com or 

nj.com/carter or follow him on Twitter @BarryCarterSL

Suspended police chief also faces suit over bias claim in pit bull attack

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The chief is accused of lying in a police report that led to the wrongful arrest of a Haitian-American man in 2014. Watch video

MAPLEWOOD -- The Maplewood police chief, who was suspended over controversial arrests following a Fourth of July celebration last year, was sued days before the melee over allegations he lied in a police report that led to the wrongful arrest of a Haitian-American man in 2014.

maplewood-police-chief-cimino.jpgMaplewood Police Chief Robert J. Cimino 

The lawsuit accused Chief Robert J. Cimino of lying about being attacked by a dog owned by Daniel Exantus, now 26, while the chief and now-Acting Captain Albert Sally were questioning the Maplewood resident in the early hours of July 1, 2014, about a shooting that injured his brother hours earlier.

Brooke Barnett, the attorney for Exantus, said the false information led to the wrongful arrest and jailing of Exantus, who was later acquitted. His pit bull was also euthanized.

The lawsuit alleges Cimino's action were motivated by "racial animosity."

In his police report of the incident, however, the chief said Exantus directed the pit bull to attack him that morning. Exantus, while just feet from the animal, did not try to stop his dog during the attack that left Cimino with a swollen arm, the chief wrote. 

Phone messages left at the police department for Cimino and Sally were not returned. Attempts to reach Cimino by phone at his home were not successful.

A judge recently denied the defense's motion to dismiss the case, Barnett said. It lists the township, its police department and Cimino in his personal and official capacity, among others, as defendants.

How 4 controversial arrests led to a police chief's suspension

In an email, Township Administrator Joseph Manning said "no one from the township" will comment on the pending litigation. Mayor Victor DeLuca declined to comment on the lawsuit. An attorney for Maplewood, Richard Trenk, could not be immediately reached.

Earlier this month, Cimino was placed on paid administrative leave for 60 calendar days after the township committee passed a no-confidence vote in him as an investigation into controversial arrests following a July 4th celebration last year continues.

Cimino is still on leave and has not offered his resignation since the township committee unanimously voted to demand it Aug. 1, the mayor said. Capt. Joshua J. Cummis was also placed on paid administrative leave that night until Aug. 31.

The two joined six other members of the department who were previously disciplined over the events of July 5, 2016, when police said a fight broke out following the township's fireworks show near the Maplewood-Irvington border. Four teens were arrested.

Residents have accused the police of racially profiling black youths allegedly involved in the fights that night and trying to move the crowd into nearby Irvington. Citizens have also said the officers wrongfully used pepper spray to subdue the crowd.

In the lawsuit submitted days earlier, Exantus said he was at the home where he lives with his mother at about 3 a.m. July 1, 2014, when a black vehicle slowly circled the block twice before pulling in front of his residence.

The two people, who did not identify themselves, walked up as Exantus' 3-year-old pit bull, Zoey, began barking, according his attorney. Exantus said he could not identify them because it was dark.

As the dog continued to bark, one of the individuals began hitting the pit bull with what appeared to be a flashlight, according to the lawsuit. Exantus asked Bilal Patterson, one of Barnett's witnesses, to take the dog inside out of fear it would be seriously injured, he said.

Eventually, Exantus was able to identify the person hitting his dog as Cimino because he was the subject of a previous investigation led by the chief that "turned out to be fruitless," the lawsuit claims.

Authorities were there to question Exantus about a shooting hours earlier, in which his younger brother, Jethro, was wounded in both legs while at a graduation party that Exantus did not attend, his attorney said. Exantus told them he had no information about the shooting, Barnett said.  

According to the police report written by Cimino, he was assisting Sally in a follow-up investigation on an aggravated assault with a firearm that occurred near Schaefer Road and Jacoby Street.

Cimino, who said he was in plain clothes but was wearing a gold identification police badge, wrote in the report that he smelled a strong odor of burnt marijuana in front of the home.

As he got out of the unmarked police vehicle, Cimino said, Exantus swung his arm toward the chief to direct the reddish brown pit bull to attack him. The dog "directed its head and mouth toward the area of my groin and upper thighs as it charged directly at me," Cimino wrote in the report, which was provided by Exantus' attorney.

The chief then thrust his right arm in front of the dog several times as it tried to bite him, causing pain and pressure to his arm, he said.

"My right arm began to throb and feel tightness from swelling," Cimino wrote.

While he was just feet from the animal, Exantus did not try to stop his dog during the attack, Cimino said. Once the dog stepped back, Exantus called it away, the chief said.

Emergency medical services responded to examine the swelling between the chief's wrist and elbow, gave him an ice pack and suggested he follow-up with a physician, Cimino wrote. The chief said he declined to be transported to the hospital because of the late hour and reporting requirements.

Officers did not charge Exantus early that morning, and the pit bull was not taken away until at least nine hours later, Barnett said.

More than a week after the alleged pit bull attack, Exantus was stopped by Union police officers who told him he had an open warrant for his arrest, according to his attorney.

The suit alleges he was arrested and charged with aggravated assault of a police officer and was held at the Union County Jail, where he "suffered extreme physical and emotional distress" for five days.  

The charges came as a result of the chief falsely reporting that the pit bull attacked him, Barnett said. The lawsuit claims the charges are "a figment of the malicious imagination of [the] defendants," accusing the chief of wanting to "injure, oppress and intimidate" Exantus because of his race

Exantus was indicted on charges of third-degree aggravated assault, fourth-degree unlawful possession of a weapon and third-degree possession of a weapon for unlawful purposes, according to the lawsuit. The grand jury indicted him solely on law enforcement testimony, the suit claims.

He was, however, acquitted at trial May 5, 2015, and the charges were dismissed, his attorney said.

The Exantus family admittedly has a history of minor trouble with the law, Barnett said, though they say they are more often victims of wrongful conduct by criminals and in this case, police officers.

As for Exantus' pit bull, it was euthanized Aug. 5 that year after authorities said it had violent tendencies, Barnett said. There are "plenty of reports" of Zoey running loose, she said, but none that indicate violent behavior.

As a result of the charges, Exantus was denied employment as a home healthcare aide, a position he held before the arrest, Barnett said.

The lawsuit also alleges the police department was negligent in screening, training and disciplining its officers. The suit seeks compensatory and punitive damages against the defendants.

"Unfortunately, sometimes chiefs, cops, they have different motives and they unfortunately, under the color of law, abuse their power," Barnett said. "It's just an all-around sad story."

Luke Nozicka may be reached at lnozicka@njadvancemedia.com. Follow him on Twitter @lukenozicka.

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