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Newark officials say lack of oversight led to ex-water agency head's conviction

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Many leaders say the indictment of former Newark Watershed Conservation Development Corporation executive director Linda Watkins-Brashear came partially as a result of lax oversight by former Mayor Cory Booker and others

NEWARK - Newark officials said they were dismayed by the former head of the Newark Watershed Conservation Development Corporation's guilty plea on corruption-related charges earlier this week - an outcome many felt could have been prevented.

Linda Watkins-Brashear, who presided over the non-profit agency until 2013 - just one year before it was dissolved amid widespread allegations of corruption and mismanagement - is facing up to 23 years in prison and $350,000 in fines for conspiracy and filing a false tax return.

She is the second person to plead guilty to charges related to the scandal, though many in the state's largest city consider it a reflection of an agency run amok thanks to the wandering eye of now-U.S. Sen. Cory Booker, who was mayor over the entirety of Watkins' tenure.

"The city....allowed all of these quasi-governmental agencies to run on their own without any oversight," said Central Ward Councilwoman Gayle Chaneyfield Jenkins. "It's just a recipe for disaster."

A spokesman for Booker's office acknowledged a request for comment Monday afternoon but did not provide any statement or additional information.

Questions about the NWCDC began to arise early in Booker's tenure, with investigations by the Star-Ledger and citizens groups such as Newark Water Group turning up a series of financial misdeeds.

Those findings were affirmed by the state comptroller's office in 2014, when it issued a report detailing millions in misappropriated funds, doomed stock market ventures, mysterious severance packages and the awarding of dubious contracts to administrators' relatives and friends.

South Ward Councilman John Sharpe James, who was among a group of critics of the NWCDC during Booker's time as mayor, said Watkins-Brashear's guilty plea was bittersweet vindication for those who had long harbored suspicions about the agency's dealings. He heaped much of the blame on the media, who he claimed wrote him and others off as token dissenters rather than fully investigate their allegations.

"It's just another instance where the residents of Newark complained about a situation, were ignored for the most part, and later we come to find out $1 million is missing," he said.

Bill Chappel, a spokesman for the Newark Water Group issued a statement following her plea calling her conduct "as flagrant a violation of the public trust as you could ever find."

"This was an entity that veered out of control years ago in the way it operated and in the way it misspent the public's money when it thought no one was looking," he said.

Mayor Ras Baraka, who had also been a leading opponent of the agency during his time as South Ward Councilman, declined to comment on Watkins-Brashear's admissions.

Established in the 1970s, the NWCDC was charged with protecting roughly 35,000 acres of forest and reservoirs that provided drinking water for as many as 500,000 across Newark and North Jersey. By 2012, it also controlled the delivery of water to its entire service area.

The NWCDC was officially dissolved in early 2013, though Baraka helped form a new board in December 2014, which quickly voted to file for bankruptcy in an attempt to recover the assets allegedly stolen from the agency.

Earlier this year, court-appointed trustees filed a lawsuit against Booker and 17 others claiming they played a role in the mismanagement, saying the senator had failed to provide proper oversight despite his role as chairman of the organization's board.

Attorneys for Booker have denied those allegations, responding in court filings that he took immediate action once concrete evidence of wrongdoing had been presented.

As part of Watkins-Brashear's guilty plea, she has been ordered to pay $999,000 in restitution to the victims of her crimes. Because the NWCDC no longer exists, however, a federal judge will determine where the money ultimately ends up.

Chaneyfield said she was "saddened" by the fate of a woman she long considered a friend and dedicated city employee. However, she felt the scandal provided a difficult lesson for Newark in respect to its oversight of its various agencies entrusted with public dollars.

"The mere fact that Brick City Development Corp, the Parking Authority, the Newark Watershed and all these other quasi-governmental agencies that did not have the oversight that they should have was a disservice to the residents of the city of Newark," she said.

"Not everyone gets charged when there's a criminal act, but that doesn't mean that they weren't implicit in allowing it to take place."

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

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Man pleads guilty in stabbing death of Newark mother

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Ito Lightford, 40, of Newark, pleaded guilty to a murder charge in the Sept. 24, 2014 killing of 34-year-old Talia Capri Nesmith

NEWARK --A Newark man admitted today to fatally stabbing the mother of a one-year-old girl in a city home last year, Acting Essex County Prosecutor Carolyn A. Murray announced.

Ito Lightford, 40, pleaded guilty to a murder charge in the Sept. 24, 2014 killing of Talia Capri Nesmith, 34, of Newark, according to a news release from the prosecutor's office.

Under a plea deal, prosecutors have agreed to recommend a 30-year state prison sentence for Lightford, authorities said. Lightford would have to serve the entire prison term before he is eligible for parole, and he will receive credit for time served.

His sentencing is scheduled for Jan. 26 before Superior Court Judge Ronald Wigler.

ito-lightfordIto Lightford 

Authorities said Lightford lived in a basement apartment for two years in the Goldsmith Avenue home where Nesmith lived on the second floor. Nesmith lived in the apartment with her grandmother for more than a decade until her grandmother's death in January 2014.

Essex County Assistant Prosecutor Paul Bradley, who handled the case, said in the release that Lightford wanted to date Nesmith and became increasingly obsessed with her.

On the day of killing, Lightford called 911 and told police someone had broke into the house, authorities said. During the investigation, detectives obtained a statement from Lightford and recovered the murder weapon and bloody clothes, Bradley said.

"This case was so well investigated by detectives Mario Suarez and Bruce Branch that the defendant had no choice but to enter into this plea agreement," Bradley said in the release. "They built a really strong case."

The release added that "Bradley said he hopes the relatively swift resolution of the case provides a measure of comfort to the family."

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

Newark drug dealer found not guilty in alleged turf war killing

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Samad Livingston, 38, of East Orange, was acquitted on murder and weapons charges in the Jan. 16, 2014 fatal shooting of 35-year-old Charles Walker

NEWARK -- An East Orange man was acquitted today on charges of killing a rival drug dealer last year during a territorial dispute in Newark.

Samad Livingston, 38, was found not guilty by an Essex County jury of murder and weapons charges in the Jan. 16, 2014 fatal shooting of 35-year-old Charles Walker on the porch of a home at 870 South 20th St. in Newark. Livingston has claimed he arrived at the scene after Walker had been shot.

In handing down their verdict, jurors apparently did not accept the claims of the state's main witness, a drug addict who told police she saw Livingston point a gun in Walker's face, she walked down the street, heard a gun shot and turned around to see Livingston fleeing the scene in a vehicle.

Livingston's attorney, John McMahon, argued during the trial that the evidence shows the woman's story is false.

For example, the woman has said she believes Livingston was standing at the bottom of the front steps when he fired the weapon at Walker on the porch and then fled the scene, but the trajectory of the bullet suggests Walker was shot from behind, according to McMahon.

The woman alone is "not enough to reach that weight of proof beyond a reasonable doubt," McMahon said last week in his opening statement.

But Essex County Assistant Prosecutor Eric Plant, who tried the case, told jurors the woman was telling the truth.

Pointing to her videotaped statement to police, Plant said the woman appeared coherent and "there's no evidence that she's high" in the video. The video shows a detective did not coach the woman, Plant said.

"She told what she saw on that particular night," Plant said on Monday in his closing statement.

During the trial, Plant claimed Livingston killed Walker, because the two men had an agreement in which Livingston sold drugs after 2 a.m. and he became angry when Walker made a sale on South 20th Street after 2 a.m. that day.

McMahon acknowledged during the trial that Livingston was working as a drug dealer, but he argued the two men were friends and that Walker was killed before Livingston arrived at the scene.

In his statement to police, Livingston allegedly indicated he prayed in his driveway before driving to the crime scene and learning that Walker had been shot.

Before the jury began its deliberations today, Superior Court Judge Ronald Wigler told jurors Plant was incorrect when he claimed during his closing statement that Livingston spoke with police about how he was "praying to Allah."

Wigler told the jury that Livingston told police he prayed on the night of the incident, but Livingston "never indicated to whom he prayed."

The judge said that while the title "Allah" is commonly associated with the Islamic faith, Plant did not mean to suggest Livingston was Muslim. Plant and McMahon acknowledged on Tuesday that Livingston is a Christian, Wigler said.

"Allah is a title for God in many religions," Wigler said.

But the judge also said Livingston's religious beliefs are "not relevant," and instructed jurors to not consider them in their deliberations.

"A person's religion, religious denomination and religious beliefs play no role in our courts," Wigler said. "Freedom of religion is a constitutional right and all religious beliefs should be tolerated and respected."

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

Newark man charged with dragging woman with his vehicle during Kearny robbery

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A 25-year-old Newark man has been charged with dragging a woman with his vehicle during a robbery in Kearny yesterday, as well as drug charges related to suspected crack cocaine.

KEARNY - A 25-year-old Newark man has been charged with dragging a woman with his vehicle during a robbery in Kearny yesterday, and also faces drug charges related to suspected crack cocaine.

Julio A. Rodriguez allegedly "Walked over to a woman walking on the street and asked her for directions. As the woman was giving him directions, he grabbed her purse and tried to get back into his vehicle," Hudson County Assistant Prosecutor John Wojtal said today of the allegations.

The prosecutor said the woman resisted and Rodriguez allegedly "drove off dragging the victim. The victim suffered injuries including a fractured finger."

Rodriguez is charged with robbery, conspiracy to commit robbery and leaving leaving a injured and helpless victim. He is also charged with possession of 12 vials containing suspected crack in his vehicle, possession of drug paraphernalia and possession of a hypodermic syringe, officials said.  

He has 11 prior arrest, two disorderly persons convictions an a criminal conviction for improper behavior in 2014 for which he served 171 days in jail, a court official said.

Rodriguez's bail was set at $200,000 cash or bond when he made his first court appearance on the charges in Jersey City this afternoon via video link from Hudson County jail in Kearny. 

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Holiday greetings from the troops: Dec. 23, 2015

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Holiday greetings from New Jersey troops Watch video

Currently, the United States has military personnel deployed in about 150 countries.

DVIDS, a service paid for by the Department of Defense, via the Department of the Army, Third Army/US Army Central (ARCENT), has provided video greetings from members of the Army, Navy, Air Force and Marines who will not be home for the holidays.

Enjoy this third installment of messages sent by service members who hail from, or, who have family in the Garden State.

Watch more videos from the troops here and here.

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

In redistricting debate, N.J. should adopt spirit of '66 rather than constitutional amendment | Opinion

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Let's look to mirror how it was done in the 1966 convention, with 126 elected delegates representing every county in the state

By Kevin J. O'Toole

New Jersey's Constitution was created to protect all citizens at the expense of political partisanship.

Unfortunately, as of late, the Democratic Party has begun a barrage of amendments to the constitution to protect the will of their political party at the direct expense of all New Jerseyans.

A glaring example of that is their last-minute push to pass SCR-188, a constitutional amendment that Democrats purport would create competitive elections. In fact, this amendment would enshrine in the constitution as many as 30 "safe" legislative districts, meaning taxation without representation for as many as 75 percent of voters. SCR-188 would also dilute minority voting strength, as safe districts won't have opportunity to elect a candidate of choice; give politicians greater influence over election results; and use irrelevant federal and statewide political data to craft more pro-Democrat districts.

Given our recent downward trend of voter turnout -- approximately 20 percent in the last election -- our overall goal should be to ensure every legislative district is competitive. We should not constitutionally or purposefully make any percentage of legislative races uncompetitive, as the Democrats' SCR-188 would do.

It is not just my opinion that it is outrageous to attempt to use the constitution as a tool for political gain. Out of the 85 ballot questions presented to voters since 1947, only one has sought to change state legislative redistricting.

The way it was done in 1966, by a Democrat governor and Republican-controlled legislature, should be revered and imitated, if New Jersey's redistricting process, which is considered across the country as being one of the least partisan, truly needs to be changed.

In the 1966 New Jersey Constitutional Convention, our forefathers held sacred the responsibility to dedicate sufficient time and resources when they considered proposing to voters a constitutional amendment to change New Jersey's legislative redistricting process.

The official record of that convention's proceedings clearly shows the best way to amend the legislative redistricting section was to do so in a strictly bipartisan, transparent and comprehensive manner, with an equal number of Democrat and Republican delegates.

Editorial: Voting rights should not be stalled by one obstinate senator

The backers of the enabling legislation were so keenly aware of the importance of strict bipartisanship that they authorized a convention to take place in New Brunswick, to avoid the specter of partisan politics associated with the New Jersey Capitol.

Let's look to mirror how it was done in the 1966 convention, with 126 elected delegates representing every county in the state. Delegates received a weighty packet of research and background materials such as court decisions, issue briefs and research reports. A compilation of the reports prepared for that convention has been preserved in the New Jersey State Library and provides a record of the depth and extent of research conducted by the convention staff. Nine committees in the 1966 convention met publicly on 14 separate days between March 21, 1966, and June 14, 1966. 

In addition to background materials and research reports on legislative districting, several organizations and individuals provided testimony to convention committees or to the convention as a whole.  Among those who appeared before the convention or a convention committee to give testimony and/or and answer questions were: Gov. Richard Hughes; Nebraska Lieutenant Gov. Philip Sorenson; U.S. Senator Clifford Case; the New Jersey League of Women Voters; political scientists and attorneys; and New Jersey Citizens for a Representative Legislature.

The 1966 convention proposed over 50 individual proposals that were made available to the public to amend the legislative redistricting section of the constitution. These proposals covered a wide variety of ideas including establishing a unicameral legislature, determining the size of the legislature, the advantages and disadvantages of single versus multiple member districts and statistical analyses of acceptable population calculations.

There is no comparison between the level of thoughtfulness and concern for the public in 1966 and the Democrats' current tactic of trying to jam through enabling legislation during the week of Christmas, without an adequate public vetting process.

Why all the cloak and dagger?

If we truly want to honor the legacy of our constitutional founders and represent all New Jerseyans, let's scrap SCR-188 and come together in a truly bipartisan fashion to provide equal representation to everyone. All ideas should be on the table, such as my proposal during Monday's state Senate Judiciary Committee hearing to enact term limits for legislators.

Whatever we do, let's be transparent about how and why we change the Constitution and ensure we aren't doing it to help one political party at the expense of everyone else.

Kevin J. O'Toole is a Republican representing Essex County in the New Jersey Senate.

Follow NJ.com Opinion on Twitter @NJ_Opinion. Find NJ.com Opinion on Facebook.

Teacher loses bid to dismiss sex assault charges

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Superior Court Judge Michael L. Ravin rejected Nicole Dufault's claims about prosecutors improperly presenting her case to the grand jury

NEWARK -- A Superior Court judge on Friday denied a motion by a Maplewood teacher to dismiss charges she sexually assaulted six male students.

Judge Michael L. Ravin rejected Nicole Dufault's claims about prosecutors improperly presenting her case to the grand jury that issued a 40-count indictment charging her with aggravated sexual assault and endangering the welfare of a child.

As part of the motion, Dufault's attorney, Timothy Smith, accused prosecutors of "laziness" for not instructing grand jurors on the law when they presented the facts to them to support the indictment on Feb. 4, 2015. Those legal instructions were provided to the grand jury on Dec. 3, 2014, according to Smith.

Essex County Assistant Prosecutor Gina Iosim, who is handling the case, countered that prosecutors provided in-depth legal instructions on Dec. 3 and certain legal instructions on Feb. 4, when they also asked grand jurors if they had any questions on the law.

In his written decision, Ravin approved of the state's Feb. 4 grand jury presentation.

"The Court's review of the record, however, reveals that the State reiterated to the grand jury the relevant statutory language discussed in earlier orientations, weaving the elements of the charges into the factual discussion, and also afforded the grand jury the opportunity to ask questions about the law," the decision states.

"While the presentation on February 4, 2015 may not have included a complete legal interpretation of Defendant's charges, the grand jury asked several questions in earlier presentations that demonstrated their readiness to ask questions about legal issues they were unclear about."

Nicole DufaultSuperior Court Judge Michael L. Ravin listens to the attorneys at a hearing on Monday, Aug. 3, for Maplewood teacher Nicole Dufault, who is charged with sexually assaulting six male students at Columbia High School. (Bill Wichert | NJ Advance Media for NJ.com) 

The judge also noted the two state statutes in the case were "relatively 'self-explanatory,'" and "there is no evidence in the record to suggest that the jury was 'uninformed' or that the prosecutor's conduct clearly interfered with the grand jury's decision-making function."

"Absent these showings, incompleteness of the legal interpretation provided in the State's presentation itself does not warrant dismissal of the indictment," the decision states.

A language arts teacher at Columbia High School, Dufault, 36, of Caldwell, is accused of engaging in sexual activity with the six students on multiple occasions between about July 2013 and August 2014. The students were between 14 and 15 years old at the time of the incidents, prosecutors said.

The alleged sex acts occurred in Dufault's classroom and in her car - including an incident when one student recorded a cell phone video of her performing oral sex on another student in her car, court documents state.

Smith has said Dufault suffers from frontal lobe syndrome, which he claims left her vulnerable to the students' "over-aggressive behavior." Dufault developed the syndrome after brain surgery she underwent following complications due to her first pregnancy, Smith said.

In the motion to dismiss the indictment, Smith also argued the charges should be thrown out, because prosecutors did not ask grand jurors to consider any mental states in connection with any counts of the indictment. According to Smith, grand jurors were never advised they had to find the alleged crimes were committed with a "knowing" mental state.

On that issue, Iosim argued prosecutors made it clear to the grand jury that the statutes under consideration required a finding that Dufault acted intentionally in her alleged sexual conduct and with a "knowing" mental state. Iosim also said grand jurors were instructed on the different kinds of culpability, including when a person acts knowingly.

The judge found that "the State's failure to specifically instruct the grand jury on the mental culpability involved in the crimes charged did not render the grand jury 'uninformed," according to his decision.

"The evidence presented to the grand jury was sufficient to support the grand jury's finding that Defendant knowingly committed sexual acts with the juveniles involved in this case," the decision states.

The judge noted how grand jurors heard evidence that one juvenile said Dufault "showed signs that she wanted to have sex with students." The juvenile said Dufault asked him if he wanted her to perform oral sex on him and if he wanted to have sex, the decision states.

After they engaged in oral sex and sexual intercourse, the juvenile said Dufault told him "to keep the incident between themselves," the decision states.

"Thus, the State presented 'some evidence' that Defendant acted knowingly and the State's failure to specifically charge the grand jury on the mental culpability did not prejudice Defendant," the decision states.

The judge also rejected Smith's claims that prosecutors provided improper instructions to the grand jury in regard to the second-degree child endangerment charges.

Those charges require evidence that Dufault had assumed responsibility for the care of the students, and Smith alleged prosecutors incorrectly suggested her status as a teacher was enough to satisfy that element. But Ravin found prosecutors did not provide such erroneous instructions.

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

$15M settlement for girl left brain-damaged after stroke, report says

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The girl had to have life-saving surgery after her blood flow slowed as a toddler

large_1university.jpgThe mother of a brain-damaged 11-year-old girl settled for $15 million, according to a report. 

NEWARK -- The mother of an 11-year-old girl who suffered brain-damage after having a stroke as a baby has settled her lawsuit for $15 million, according to a report.

Born in April 2004 with a congenital cardiac abnormality, Ta'Kahya Little of Irvington was to undergo corrective surgery within the first two years of her life to correct blood flow problems, according to CourtNews.com.

Her mother alleges in the suit that University Hospital in Newark didn't follow up with a pediatric cardiac surgeon after recommending the surgery.  When the girl's blood flow slowed without warning on Nov. 1, 2005, Little had to have life-saving surgery, the report said.

The resulting stroke left the girl severely brain-damaged. Little has a vocabulary of no more than 20 words and can't feed, dress or bathe herself, the suit alleged.

The settlement was reached last week after two rounds of mediation, CourtHouseNews.com said.

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

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Here's how ducks, snakes, other wildlife are being fooled by warm weather

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Winter has arrived in New Jersey, but it hardly feels like it.

You may not be able to find Santa or Rudolph on Christmas Eve, but plenty of other animals will be frolicking about around Christmas time this year.

Experts say the warmer weather is causing some animals that normally would have hidden away for the winter to stick around.

"Some animals are still active because it hasn't gotten very cold yet," Emile DeVito, manager of science for the NJ Conservation Foundation, said. "Animals that normally would be very inactive by now are still active."

Winter has arrived in New Jersey, but it hardly feels like it. Temperatures could reach record highs in the 70s on Christmas Eve.

Mammals that den up will be milling around the neighborhood more frequently gathering food. Migratory birds will hang around a bit longer. Reptiles may venture out for a few hours to warm up, according to wildlife officials.

Water fowl don't need as many calories in warmer weather, which could improve winter survival rates.

Christmas 2015 traffic, transit, travel, weather outlook

For wildlife such as bears, warmer temperatures could postpone hibernation.

"Things are just a little easier," DeVito said. "Instead of holing up in their dens burning away their stored fat, they're able to continue to find food so they'll have better survivorship in the wintertime."

Overall, DeVito expects impacts to be short-term. Some animals will remain active for longer, and have an easier time surviving the winter.

Going through the hard winter isn't necessarily a bad thing, DeVito said. It culls the weak members of a species, which might make it stronger long-term.

POLL: Would you rather a warm or snowy Christmas?

The impact on the environment overall shouldn't be too damaging, DeVito said. For example, it won't push any rare species into extinction.

"A warm winter is not going to overcome the reason that they're becoming rare," DeVito said. "It only impacts common, everyday backyard species in terms of what we see, how often we see them. But it's not of any important conservation interest."

Check our gallery for more on how the weather affects various New Jersey species.

Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter @MylesMaNJ. Find NJ.com on Facebook.

Warm-weather records N.J. may shatter this week

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With lots of warm air still in place in late December, record highs could be broken in many towns and cities in New Jersey, New York and eastern Pennsylvania.

The warm December air keeps on flowing in to New Jersey and other eastern states, putting lots of temperature records on the verge of being broken -- not only on Christmas Eve, but also on Wednesday.

Among the records being watched by the National Weather Service on Wednesday are those for the daily highs on Dec. 23 in Atlantic City (65 degrees), Trenton (70 degrees) and Philadelphia (66 degrees).

The weather service sees a greater likelihood of broken records on Thursday, expected to be the warmest day of the week, with highs reaching the low 70s -- about 30 degrees above the normal high for late December. 

Among the record highs that have a good shot at being broken on Christmas Eve are Atlantic City's record of 65 (set in 1982), Newark's record of 64 (set in 1990), New York City's record of 63 (set in 1996), Trenton's record of 63 (set in 1990 and 2014) and Philadelphia's record of 64 (set in 1990 and 2014).

PLUS: Christmas traffic, transit, travel and weather outlook

If the temperatures soar into the mid- or upper 70s on Thursday, many towns and cities across the Northeast will not only break their record highs for Dec. 24 but their all-time highs for any December day.  

The warmest temperatures ever recorded in December was 77 in Atlantic City, 76 in Newark, 76 in Trenton and 73 in Philadelphia, according to the National Weather Service. Of all those cities, Philly has the best shot at breaking its December record.

WARMEST DECEMBER ON RECORD?

Last week, New Jersey State Climatologist David Robinson at Rutgers University said the Garden State was on track to possibly having its warmest December on record. He is now saying this: "It will absolutely, positively be a record for the month."

Robinson's projection is based on the continued wave of warm air flowing in from the west and the south, keeping average temperatures far above normal.

The normal average temperature (the mean between the average high and the average low) in December in New Jersey is 35.6 degrees. 

The warmest on record was in 2006, when the Garden State averaged 42.2 degrees, followed by 2001, when the state averaged 41.7 degrees. 

DENSE FOG ADVISORY

The dense fog that has been hovering over much of New Jersey this morning will be sticking around for most of the day, prompting the National Weather Service to issue a dense fog advisory through 6 p.m. Wednesday.

The advisory affects these counties: Atlantic, Burlington, Cape May, Cumberland, Hunterdon, Monmouth, Middlesex, Morris, Ocean, Salem, Somerset, Sussex and Warren.

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook.

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Legal rep under scrutiny for Newark cop charged with pulling gun in road rage incident

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A state appellate panel has reversed a lower court ruling that disqualified Attorney Anthony Fusco, Jr. from representing Newark Police Officer David Hudson

NEWARK -- A state appellate panel has reversed a lower court ruling that disqualified an attorney from representing a Newark police officer charged with brandishing a gun during an alleged road rage incident.

A Superior Court judge in January 2015 approved the state's motion to disqualify Anthony Fusco, Jr. as David Hudson's attorney, because he had previously represented another city police officer who was involved in the investigation into Hudson's case.

But in a decision released on Monday, the appeals court overturned that ruling after determining "the facts in this record do not support the judge's conclusions of an actual conflict of interest."

The panel ordered the judge to reevaluate the matter, thoroughly examine Fusco's prior representation and determine whether it created an actual conflict with his representation of Hudson.

In a phone interview on Wednesday, Fusco maintained that a conflict "just doesn't exist."

"There is no conflict," Fusco said. "There's nothing factually they can point to, nothing legally they can point to."

New York Jet faces charges in courtAttorney Anthony Fusco, Jr., pictured at a court hearing in January 2015, is representing Newark Police Officer David Hudson on charges stemming from an alleged road rage incident in March 2014. A state appellate panel on Monday reversed a lower court ruling that disqualified Fusco from representing Hudson. (Ed Murray | NJ Advance Media for NJ.com) 

Hudson, 45, of Irvington, was indicted in July 2014 on charges of official misconduct, aggravated assault by pointing a firearm, unlawful possession of a weapon and possession of a weapon for an unlawful purpose.

The charges are based on a March 8, 2014 incident in which Hudson allegedly got into a traffic dispute with a husband and wife while driving through Newark, authorities said. Hudson then allegedly pursued the couple, who were accompanied by their 11-year-old son, for several blocks and onto Interstate 280, authorities said.

The chase allegedly ended in the area of Broad Street and 3rd Avenue, when Hudson got out of his vehicle and pointed a handgun at the husband, authorities said.

Hudson - who remains suspended without pay - denies any wrongdoing, according to Fusco.

Fusco noted that police officers did not witness the alleged incident, and said "this comes down to a case of Officer Hudson and these other people, and it's going to come down to credibility."

"People today...they make accusations against cops," Fusco added. "They do it for a lot of different reasons."

As for Fusco's representation of Hudson, prosecutors argued he should be disqualified, in part because he is counsel for the union representing Newark police officers, according to the appellate decision. Since Hudson's charges were principally investigated by the city's police department, prosecutors said Fusco should be disqualified, the decision states.

The state also called for Fusco's disqualification as a result of his prior representation of Newark Police Lt. Camilo Mos in a disciplinary matter when he was a patrolman more than ten years ago, the decision states.

According to the decision, Mos was present during Hudson's "videotaped custodial interview, but neither conducted the interview nor Mirandized defendant."

The decision also notes that the state did not provide a certification from Mos that details the nature of Fusco's prior representation or Mos's position on Fusco's representation of Hudson. Fusco also has said he could not recall the nature of the prior representation, the decision states.

Superior Court Judge Michael L. Ravin did not find Fusco's role as an attorney for the union was a basis for disqualification, but he disqualified him due to his prior representation of Mos, the decision states.

"In concluding the facts showed an actual conflict of interest, the judge assumed Lt. Mos would testify at defendant's trial and Fusco's prior representation of Lt. Mos provided him access to private information, which could not be used or might impinge a vigorous cross-examination," according to the decision.

But the appellate panel rejected those findings.

The appellate judges said Mos's role in Hudson's case appears to be "merely tangential," and suggested it was unlikely he will be called as a witness at the trial.

The panel also pointed to the lack of information about Fusco's prior representation, saying "the absence of a certification from Lt. Mos speaks volumes."

"His silence along with Fusco's inability to recall the nature of the prior matter creates a void; no facts show an actual conflict exists based on Fusco's prior representation," the decision states.

"Conflicts must be actual and not merely appearance based," the decision states.

As for whether Fusco has confidential information about Mos, the appellate judges said "we cannot conclude, as the judge did, Fusco obtained confidential information by the mere fact he long ago represented Lt. Mos in a matter the facts of which no one recalls."

During the review ordered by the appellate panel, Ravin must evaluate the likelihood of Mos testifying at Hudson's trial and whether Fusco gained confidential information that could be used against Mos if he testified.

"The prior relationship may well have revealed no relevant information with the potential to undermine Lt. Mos' testimony," the decision states.

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

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Jersey City man killed in Newark's 101st homicide of 2015

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Abner Dominguez, 36, was fatally shot on Tuesday night in the area of 93 Roseville Avenue in Newark, authorities said

NEWARK -- In what represents the 101st homicide in Newark this year, a Jersey City man was gunned down Tuesday night, authorities said.

Abner Dominguez, 36, was fatally shot in the area of 93 Roseville Avenue in Newark, according to a news release issued today by Acting Essex County Prosecutor Carolyn A. Murray.

Police were initially called to the scene shortly before 10 p.m., according to Katherine Carter, spokeswoman for the prosecutor's office. Dominguez was transported to University Hospital, where he was pronounced dead at 10:56 p.m., authorities said.

Authorities said the motive in the killing remains unclear. No suspects have been identified and no arrests have been made, authorities said.

The case remains under investigation by the Newark Police Department and the Essex County Prosecutor's Office Homicide/Major Crimes Task Force, authorities said.

With Dominguez's killing, Newark has recorded eight more homicides than during all of 2014. The shooting occurred several hours after the prosecutor's office announced another pair of homicides in Newark.

In one case, a 57-year-old man was fatally shot at about 1:35 p.m. Monday near the intersection of Speedway Avenue and Rodwell Avenue, authorities said. His identity has not been revealed, pending notification of his family members, authorities said.

Around the same time, medical examiners ruled the death of 42-year-old Keith Barnes a homicide, 15 days after he was found suffering from "blunt force trauma" injuries at a home on South 11th Street, authorities said.

Authorities said no arrests had been made in either case, and they released no information about any potential motive or suspects.

Anyone with information about the latest three homicides is asked to contact the Essex County Prosecutor's Office Homicide/Major Crimes Task Force tips line at 1-877-TIPS-4EC or 1-877-847-7432.

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

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Armed robbery suspect arrested in Newark

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Police responding to a domestic disturbance call arrested a man in connection with the Dec. 17 robbery

NEWARK -- A domestic violence call Tuesday night led to the arrest of a city man in connection with a robbery of a cell phone store last week, department spokesman Sgt. Ron Glover said.

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Officers were called to a home on the 400 block of Roseville Avenue around 10 p.m., when the caller told police a family member was involved in the robbery. Police recovered cell phones believed to be from the store and a knife used in the crime, Glover said.

Following further investigation, Duwann Cross, 31, was charged with robbery and unlawful possession of a weapon in connection with the incident on Dec. 17, when a man walked into the Boost Mobile store in the 300 block of Bloomfield Avenue around 4:30 p.m. Brandishing a knife, the man demanded expensive cell phones and then fled the scene on foot with the merchandise, Glover said.

"The men and women of this department are doing a wonderful job in the field. I am proud of their dedication and the fine work they do every day," said Newark Police Director Eugene Venable.

Police ask that anyone with information about this or any other crime call the department's 24-hour Crime Stoppers anonymous tip line at 877 NWK-TIPS (877 695-8477) or NWK-GUNS (877 695-4867).

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

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Glimpse of History: The Temptations perform in Newark

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The Temptations were the first Motown recording act to win a Grammy Award, for "Cloud Nine" in 1969.

NEWARK -- The Temptations are shown performing at Newark Symphony Hall in this photo from 1968.

The band members at the time were Otis Williams, Melvin Franklin, Eddie Kendricks, Paul Williams and David Ruffin. Later that year, Ruffin would leave the group and be replaced by Dennis Edwards.

The group had scored major hits in the previous three years including "Get Ready," "My Girl," "Ain't Too Proud to Beg" and "(I Know) I'm Losing You."

MORE: Vintage photos around New Jersey

The Temptations were the first Motown recording act to win a Grammy Award, for "Cloud Nine" in 1969, and received the Grammy Lifetime Achievement Award in 2013.

If you would like to share a photo that provides a glimpse of history in your community, please call 973-836-4922 or send an email to essex@starledger.com. And, check out more glimpses of history in our online galleries Thursdays on nj.com.

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

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December will be the warmest on record in N.J.

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Even though eight days of temperatures still have to be factored into the equation, daily highs have consistently been far above normal.

Halfway through this month, State Climatologist David Robinson at Rutgers University said New Jersey was on pace to having one of its 10 warmest Decembers on record and possibly its warmest. 

Now, with the unusual wave of warmth continuing and no blasts of Arctic air in sight, Robinson is feeling more confident -- much more confident -- history will be made when the year comes to a close.

"It will absolutely, positively be a record for the month," he said in an interview Wednesday afternoon.

New Jersey's normal average temperature (the mean between the average high and the average low) in December is 35.6 degrees. Heading into Thursday morning, the state was seeing temperatures averaging about 11 degrees above that.  

PLUS: A rare full moon to appear on Christmas

Even though eight days of temperatures still have to be factored into the equation, Robinson said preliminary projections show New Jersey should top its record of 42.2 degrees, set in 2006. 

Helping to boost the chances of breaking the record will be Thursday's balmy spring-like weather, with highs expected to reach the low 70s in many parts of the state. That's about 30 degrees warmer than it usually is in late December. 



ATLANTIC CITY ON A ROLL

One interesting indicator of how warm it has been not only in December but also in November: The weather station at the Atlantic City Marina did not hit the freezing mark of 32 degrees once this entire fall and early winter season, Robinson said.

And in Newark, the temperature dipped below the freezing mark just four nights in late November but not once in December. "Every day this month has been above normal in Newark," Robinson said.

Newark's record high for Dec. 24 is 64 degrees, which is expected to be shattered this Christmas Eve. The same scenario is expected in Atlantic City, which has a daily record of 65. 

Len Melisurgo may be reached at LMelisurgo@njadvancemedia.com. Follow him on Twitter @LensReality. Find NJ.com on Facebook.

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N.J. men caught trying to carry gun, icepick into Newark airport, officials say

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Both men were arrested on state weapons charges, authorities said

NEWARK - Two people have been arrested at Newark Liberty International Airport since Monday after attempting to board flights carrying dangerous weapons, authorities said.

According to Port Authority, the first incident came Monday night, when a West Allenhurst man was caught stashing a .45-caliber handgun inside his carry-on bag. A TSA officer noticed the firearm as it passed through an X-Ray on a conveyor belt.

The man, who was scheduled to fly to Dallas, was arrested on a state weapons charge, and the gun was confiscated, officials said.

PLUS: Famed CBGB to reopen its doors -- as Newark airport restaurant

On Thursday morning, an unidentified man was arrested after an agent noticed an icepick affixed to a removable handle on his cane, CBS New York reported.

Airport operations were not affected during either incident.

The arrests come are the latest in a string of passengers attempting to board flights while armed.

Port Authority officers charged an Orange man with carrying a .38-caliber gun into the airport last week, and a Lacey Township man was allegedly collared after packing a .25-caliber handgun into his bag on Dec. 6.

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

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Orange students participate in worldwide movement

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Students participate in an Hour of Code.

ex1220schoolorangehourofcode.jpgPark Avenue Elementary School seventh-graders John Lambert, Joan Manuel Khoury, Joshua Arthur and Luis Taveras at the school's Hour of Code kick-off assembly.

ORANGE -- Park Avenue Elementary School is the New Jersey winner of a $10,000 technology package from Code.org.

Each year Code.org, a nonprofit organization, presents the award to one public school in each state that has an entire school or classroom participate in the Hour of Code, an introduction to computer science designed to take the mystery out of computer coding and make computer science seem more accessible to students.

The Hour of Code typically takes place during Computer Science Education Week which this year was Dec. 7 to 13.

To submit school news send an email to essex@starledger.com.

Suspect in Newark college student's beating death captured in Florida

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Eric Santiago of Belleville is the third man arrested in the July death of 20-year-old Robert Hayes

NEWARK - A third suspect in the beating death of a local college student was captured earlier this month in Florida, authorities said.

Essex County Prosecutor's Office spokeswoman Katherine Carter confirmed that 26-year-old Eric Santiago, of Belleville, was apprehended in Claremont, Fla. on Dec. 15.

He is being held in Florida while authorities arrange for his extradition back to New Jersey, where he will face a homicide charge in relation to the July 9 slaying of 20-year-old Robert Hayes.

A Newark native who had been attending New Jersey City University in Jersey City, Hayes was an ambitious and charismatic young man who worked as a concierge at two apartment buildings to pay his way through school, friends and family members told NJ Advance Media.

He died days after a passerby found him naked and bleeding from the head near the intersection of Highland Avenue and Verona Avenue in Newark's North Ward.

Two other men, Jonathan Tejada and Edgardo Mendez of Newark, have also been charged with homicide in the case.

Tejada was arrested in July and is being held on $250,000 bond. Mendez was collared in September, and is currently free after posting bond last month, according to sheriff's records.

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

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Rescued stray is a lap kitty

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Rescued as a stray in Belleville, Scarlett ran up to her rescuers to greet them.

ex1227pet.jpgScarlett 

BELLEVILLE -- Scarlett is an adult cat in the care of DAP's Animals.

Rescued as a stray in Belleville, rescuers say she ran up to them to greet them.

Scarlett is described as is "a true lap cat, very sweet and wonderful with everyone." She loves being the center of attention, is FIV/FeLV negative, spayed and up-to-date on shots.

For more information on Scarlett, call 973-902-4763 or email dapsanimals@gmail.com. Dap's Animals is a volunteer foster/rescue organization. For information on other animals adoptable through Dap's, go to petfinder.com/pet-search?shelterid=NJ694.

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 The Star-Ledger on Facebook.

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Christmas Eve stabbing leaves one man dead in Newark

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The man died in a South Street apartment Thursday night.

NEWARK -- Violence claimed another life in Newark on Christmas Eve, with a fatal stabbing that marked the 102nd homicide in the state's largest city this year.

Police were called to a residential building on the 200 block of South Street around  9:30 p.m and found the wounded man in a third floor apartment, according to a release from the Essex County Prosecutor's Office.

The man was unresponsive, the release said, and less than an hour later he was pronounced dead at the scene. Authorities said the matter remains under investigation.

Jersey City man killed in Newark's 101st homicide of 2015

The man's name was not released, pending formal identification of the victim and notification of his family, according to the county's chief assistant prosecutor, Thomas Fennelly. The New Jersey Regional Medical Examiner's Office will determine an exact cause of death, Fennelly said.

The man's death was the 102nd homicide in Newark this year, according to a count by NJ Advance Media, nine more than were recorded in the city in 2014.

Most recently, a 36-year-old Jersey City man was shot and killed on Tuesday in the area of 93 Roseville Avenue and a 57-year-old Newark man was shot to death near the intersection of Speedway Avenue and Rodwell Avenue on Monday.

Erin O'Neill may be reached at eoneill@njadvancemedia.com. Follow her on Twitter @LedgerErin. Find NJ.com on Facebook.

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