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North Arlington woman found ax in her home weeks before she was slain, family says

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Luisa Pleger's body was found in her North Arlington apartment on Friday. Her husband, Eric, is charged with murder.

NORTH ARLINGTON - Luisa Pleger found an ax inside her apartment and gave it to her sister a few weeks before she was found dead in the home on Friday, according to her family.

The 47-year-old woman's husband, Eric Pleger, has been charged with her murder and is being held in the Bergen County Jail on $2 million bail.

"She found the ax and she didn't want to keep it," Lusia's father, Nelson Hernandez, said Monday. "She said (Eric) said he had it for protection, but I don't think she believed him."

Luisa gave the ax to her younger sister, Racquel, 37, who urged Luisa to throw it away, the father said.

Nelson Hernandez said he's sure Luisa did not bring the ax back to Riverview Gardens off Ridge Road in North Arlington, where she lived in a small apartment with her husband of 20 years. "She was too smart," he said. But he doesn't know if her husband bought another ax, or what weapon was used to kill his daughter.

Investigators with the Bergen County Prosecutor's Office have not commented on Luisa's cause of death. They have said she may have been dead for more than a day when police - summoned by a worker in the leasing office - found her lifeless body in the same room with her husband.

In addition to murder, Eric Pleger, 45, is charged with possession of a weapon.

Nelson Hernandez and Luisa's mother, Georgina, say the couple lived with them in Belleville for four years before moving into their own place in North Arlington a couple of years ago.

"She loved him so much," Nelson said. "She would never leave him."

Hernandez said he and his wife never witnessed anything out of the ordinary during the time the couple stayed with them.

"When she came home from work he said, 'Hi honey' and kissed her," Hernandez said. "When she left in the morning he said 'bye' and kissed her. Always, every day. It (the relationship) was normal."

Residents who lived near Apartment 28K on the west end of the Riverview Gardens remember the couple going for strolls around the complex with their small, gray poodle.

"You would never think that anything was wrong," neighbor Sal Mazzella said on Saturday.

Other neighbors, however, remember Luisa seemed somewhat distant in the weeks before she was killed.

Hernandez said his daughter worked two jobs, including a full-time position in the technology department at Rutgers University in Newark.

Eric Pleger, however, was often unemployed, his father-in-law said.

"He would work a week to three weeks at a job and then leave," Nelson Hernandez said. "She was the breadwinner."

Nelson said his son-in-law did not speak very much, but some family members attributed that quirk to his inability to speak Spanish, the family's native language.

"He is a guy who is not so social," Hernandez said. "He didn't talk to nobody. When he did, he didn't talk too much. He didn't speak Spanish. He was always like that."

Nelson and Georgina said the last time they saw their daughter alive was in the North Arlington apartment during a party on Christmas.

"She was so happy," Nelson said. "It was the first time she was having a Christmas party in her home. Usually we have it here, or we have it at my son's. This was her very first Christmas party."

Nelson and Georgina said their daughter called them regularly and often helped drive her mother to doctor's appointments.

On one recent visit, Georgina noticed a bruise on her daughter's arm.

"But we don't know how it happened," Nelson said. "She could have fallen or injured herself in some way. We don't know."

As for her marriage, Nelson said he didn't think there were any problems that were "out of the ordinary."

"She was happy," Nelson Hernandez said. "But she didn't always tell us everything because she didn't want us to worry."

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


Man shot and killed in Newark's 7th homicide since Wednesday

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The unidentified man was pronounced dead after being shot in the 600 block of South 18th Street, authorities said Watch video

big stock siren.jpgA man was shot and killed in Newark's West Ward early Monday. (File photo)

NEWARK - A recent spree of violence in the state's largest city continued early this morning when a man was shot and killed in the West Ward.

Essex County Prosecutor's Office spokeswoman Katherine Carter confirmed the slaying, which took place around midnight on the 600 block of South 18th Street.

She declined to identify the victim, saying more information would be made available later Monday.

The slaying is the seventh in the city since Wednesday and brings the city's total for the year to 11. 

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

Judge puts controversial benefits switch for Newark teachers on hold - for now

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An Essex County judge has ordered Newark schools to put a contract with prescription benefits carrier Benecard on hold

NEWARK -- The Newark Public Schools' controversial plan to unilaterally switch its employee prescription benefits plan hit a snag in court Friday.

Essex County Superior Court Judge Donald Kessler issued an injunction that will require the state-controlled district to justify its plans to transfer service for Newark Teachers Union members to Lawrenceville-based Benecard Services. The union, which claims the no-bid contract for Benecard violates its contract, had requested the order.

With approximately 4,000 employees, the NTU is by far the largest union in the district. The switch will proceed as planned for all other workers, who will be covered by Benecard effective Monday.

In a statement, Superintendent of Schools Christopher Cerf said the ruling affirmed his contention that the district has a "managerial prerogative" that allows it to unilaterally change benefit plans, and was confident the district could prove the change represents a crucial step toward closing a significant budget deficit.

Newark school board cries foul over no-bid deal for politically connected firm

"Based on our own review and the assurance of independent experts, we are confident that the proposed plan is not only equivalent, but in many respects is actually superior," he said. "Just as importantly, changing providers will save the district an estimated $1.5 million per year, a cost savings that will directly benefit our students."

The NTU has staged a vocal protest of the proposed change in providers, claiming the district's decision to award Benecard a contract without inviting other public bids smells of political patronage. Benecard was founded by former U.S. Senate and gubernatorial candidate Doug Forrester (he has since sold the company) and was recommended by Conner Strong & Buckelew, an insurance brokerage firm run by South Jersey political power broker George Norcross that also does business with Benecard.

If ultimately successful, transferring NTU members to Benecard would also effectively eliminate the Supplemental Fringe Benefits Fund - an unusual joint trust that has provided dental, vision and prescription benefits to the city's teachers since the early 1970s.

On Friday, NTU President John Abeigon said those changes have now been staved off, at least until Cerf and other NPS administrators can prove any change would be to the benefit the district.

"It was the Newark Public School's responsibility to find a cheaper prescription plan, not an equal one," he said. "Digging themselves out of (a budget deficit) shouldn't be off the back of taxpayers or our members."

While the district opted to bypass an open bid process, it contends that Benecard was only selected after an analysis of three carriers conducted by Conner Strong.

In addition to the NTU, the move has also drawn criticism from the city's School Advisory Board. Several members of the board voiced support for a resolution planned to formalize its opposition, but any vote was delayed when its regular meeting was cancelled following a record-setting blizzard last week.

Board President Ariagna Perello said she was upset by the district's actions in light of a resolution passed in September that requested all contracts over $40,000 be put out to bid.

"We want complete transparency from the district. I want to make sure that under my leadership, when I see something is being done incorrectly, we're going to stand up and say something," she said.

"The NTU is and will not be alone in this fight."

Correction: An earlier version of this story incorrectly described Doug Forrester as having a current ownership interest in Benecard.

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

Irvington man caught with loaded gun during traffic stop, sheriff says

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Chalo Roberts is being held at the Essex County Jail on $75,000 bond

Screen Shot 2016-02-01 at 10.59.51 AM.pngChalo Roberts (Essex County Correctional Facility)

NEWARK - An Irvington man was arrested Thursday night after being caught with an illegal handgun during a traffic stop, authorities said.

Chalo Roberts, 43, was behind the wheel of a gold 2005 Jeep Grand Cherokee when two Essex County Sheriff's officers spotted him speeding on Elizabeth Avenue outside Weequahic Park Sunday night, Sheriff Armando Fontoura said in a statement.

The officers pulled him over, and Roberts allegedly handed them a fraudulent ID. When he reached into the glove box to retrieve insurance and registration papers, a.45-caliber Glock handgun came tumbling out, according to Fontoura.

MORE: Essex County News

The gun was found to be fully loaded, and Roberts was booked on multiple weapons charges, as well as weapon by a convicted felon, providing false information to law enforcement officers and possession of a fraudulent driver's license.

He was ordered held at the Essex County Jail on $75,000 bond, and is scheduled to be arraigned by a county judge later this week.

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

Men plead not guilty to charges of killing 1, injuring 3 in targeted shooting

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Lewis Williams, 18, and Isaiah Hutchins, 22, both of East Orange, are accused of opening fire outside a city residence last summer

NEWARK -- Two East Orange men pleaded not guilty on Monday to charges of killing one man and injuring three others when they allegedly opened fire in July outside a city residence.

Lewis Williams, 18, and Isaiah Hutchins, 22, entered the pleas through their attorneys when they were arraigned separately on charges related to the July 5 shooting that left 22-year-old Maplewood resident Ahmad Crudup dead.

During Monday's hearings, Essex County Assistant Prosecutor Paul Bradley, who is handling the case, indicated that he was providing most of the evidence to the defense attorneys either before or after the arraignments.

Superior Court Judge Ronald Wigler instructed Williams and Hutchins to return to court on March 7 for a status conference.

The two men were indicted on Jan. 8 on murder, attempted murder, conspiracy, aggravated assault and weapons offenses. They remain in custody at the Essex County Correctional Facility in lieu of $400,000 bail each.

According to Bradley, the shooting stemmed from an ongoing feud on social media between Hutchins and one of the other victims. That victim was the alleged target of the shooting, Bradley said.

When the shooting occurred, Williams, Hutchins and two other unidentified individuals were allegedly traveling in a car when they spotted that victim walking on South Clinton Street in East Orange, Bradley said.

The victim then ran to the porch area of a home in the 200 block of the street, where Crudup and the two other men were hanging out, Bradley said. Williams and Hutchins allegedly got out of the vehicle and fired weapons toward the group, striking all four victims, Bradley said.

Crudup ultimately died from his injuries and the other three men survived, Bradley said. The four victims all knew each other, Bradley said.

East Orange police arrested Williams and Hutchins on the following day, Bradley said.

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

195-year prison sentence for Newark schoolyard killer not 'shocking,' court says

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Gerardo Gomez turned 15 years old on the day in 2007 when he participated in the execution-style killings of three friends and an attack on a fourth victim

NEWARK -- On the day he turned 15 years old in 2007, Gerardo Gomez participated in the execution-style killings of three friends and an attack on a fourth victim in a Newark schoolyard, ultimately leading him to receive a 195-year state prison sentence.

But given the nature of the crimes, a state appeals court on Monday said Gomez's lengthy prison sentence does not shock the judicial conscience.

"And, although we recognize the real-time implications of this extraordinarily long aggregate sentence, we cannot say -- in light of the fact that these despicable acts led to the utterly senseless and untimely demise of three young adults and the infliction of severe injuries to a fourth -- that the sentence is shocking to the judicial conscience," according to the appellate decision.

The appellate panel upheld Gomez's conviction and sentence in the Aug. 4, 2007, shooting deaths of Terrance Aeriel, Iofemi Hightower and Dashon Harvey in the schoolyard behind the Mount Vernon School. Terrance's sister, Natasha Aeriel, was sexually assaulted and shot in the head, but she survived.

Gomez, now 23, formerly of Newark, was convicted of murder, attempted murder and related offenses at his 2012 trial. He was sentenced in January 2013 to 195 years in state prison.

Gomez was the last of six defendants to be convicted in the case.

Three of the co-defendants, Jose Carranza, Alexander Alfaro and Rodolfo Godinez, were previously convicted at separate jury trials. Their co-defendants, Melvin Jovel and Shahid Baskerville, each pleaded guilty. Jovel admitted shooting all four of the victims.

Gomez and his co-defendants collectively received more than 1,000 years in prison. Prosecutors have said the six men had ties to a Central American gang known as MS-13, and that the murders were gang-related.

The appellate decision for Gomez comes as Godinez is scheduled to appear in court on Feb. 8 for a bid to overturn his conviction and 245-year prison sentence.

As part of Gomez's appeal to reverse his conviction, he argued Superior Court Judge Michael L. Ravin improperly allowed certain photos to be admitted as evidence at his trial, the decision states. Those photos depicted him, Alfaro and Baskerville gesturing hand signs that denoted their relationship to MS-13, the decision states.

In addition to the photos, Ravin permitted trial testimony from Baskerville about Gomez's gang membership and the meaning of the hand signs depicted in the photos, the decision states.

The appellate judges agreed with Ravin's ruling to admit the evidence of Gomez's gang membership, saying "the judge applied correct legal principles in an appropriate manner, and that he did not abuse his discretion in admitting this evidence."

The appeals court also rejected Gomez's argument that Ravin erred in admitting evidence of Natasha Aeriel's sexual assault.

During the trial, Aeriel testified about being sexually assaulted, but she could not describe the appearances of her attackers, the decision states. After that testimony, Gomez's attorney objected and expressed concern that jurors might speculate that Gomez participated in the sexual assault.

To address that possible misconception, Ravin granted a defense request for a special jury instruction and advised jurors that "the State does not allege that defendant Gerardo Gomez committed any of these sexual -- sexual conduct on [Natasha]. Indeed, he is not charged with any of that conduct," according to the decision.

As part of his guilty plea, Baskerville admitted to sexually assaulting Aeriel. Carranza was charged in the sexual assault, but he was acquitted of those charges.

Referring to Aeriel's testimony at Gomez's trial, the appellate panel said in its decision that "we find no error in the admission of this testimony because the judge properly -- and with defense counsel's consent -- instructed the jury in a manner that avoided any prejudice to defendant or any speculation by the jury."

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

As presidential race kicks off, Newark religious leaders decry 'anti-Muslim rhetoric'

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More than 25 Muslim, Jewish and Christian leaders attanded a press conference the same day voters head to caucuses in Iowa Watch video

NEWARK -- As the presidential race officially kicked off in Iowa Monday, religious leaders in this diverse city held a caucus of their own to denounce what they say is a growing wave of anti-Islamic rhetoric around the country.

The group of 25 leaders included ministers, priests, rabbis, imams and others, all carrying the same message -- Muslims are more than what you might think.

"Muslims have been in this city for decades. We jave become part and parcel of the fabric of society of Newark," said Daud Haqq, an imam at the NIA Masjid & Community Center and the president of the Imams Council of Newark.

"Whatever field that there is that brings production and growth to our society, the Muslims have been involved here in Newark."

MORE: Essex County News

Other speakers took direct aim at politicians such as Republican presidential frontrunner Donald Trump, who has said he would consider creating a national database of Muslims, forcing them to carry special IDs and even outright banning them from entering the United States.

"Candidates for the president of the United States, the highest office in the land, the leader of all American citizens, are saying with a straight face we need to bar Muslims from this country," said Rabbi Simon Rosenbach of Newark-based synagogue Ahavas Shalom.

"If you support a candidate of a position that excludes one group, you're going to be next. So we can't do that."

Several speakers acknowledged that much of the anti-Islamic sentiment to arise throughout the country has been in response to acts of terrorism and other violence carried out by terrorists around the world.

According to Haqq, however, those groups are just as worthy of contempt as what he described s politicians looking to exploit their impact for political gain.

"Such a person or persons do not represent us," said Haqq. "There's no such thing as a Muslim terrorist. That's an oxymoron for us, because Islam does not teach that."

Data on religious populations is often unreliable, though a large number of Muslims live and worship in Newark, which is home to more than a half dozen mosques.

Mayor Ras Baraka was not in attendance at Monday's press conference, but issued a statement backing the group's message that people of all faiths were welcome in the city.

"In Newark, we are determined as a people, a City, and a community, to reject violence and killing in all its forms," he said.

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

West Orange students' visit extends beyond the earth's atmosphere

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Pleasantdale Elementary School students video chat with astronaut Scott Kelly.

 

WEST ORANGE -- Students at Pleasantdale Elementary School recently had a long-distance visit with a school alumnus that stretched all the way to the International Space Station.

On Jan. 18 the students participated in a video chat with Capt. Scott Kelly, who has been aboard the International Space Station since March of 2015 as part of a yearlong mission to determine the effects of long-term space travel on the human body.

Kelly and his twin brother, retired astronaut Mark Kelly, are West Orange natives who attended Pleasantdale. After Scott Kelly's return this spring, NASA will take a look at both the Kelly brothers to see how Kelly was effected by his stay in space.

During their video chat, Kelly took the students on a video tour of the space station, which included a view of earth from the space station's window, and answered students' questions.

"You miss being outside when you're in space, and you miss space when you're outside," he told them.

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


Newark man pleads not guilty to charges of killing man during robbery

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Tusha Latham, 32, is accused of killing Alim Abdul-Ghafur after the victim refused to turn over his belongings during the July 3 robbery

NEWARK -- A Newark man pleaded not guilty on Monday to charges of fatally shooting another man during a robbery last summer at a city apartment building.

Tusha Latham, 32, entered the plea through his attorney during his arraignment on charges in connection with the July 3 fatal shooting of Alim Abdul-Ghafur.

Latham was indicted on Jan. 8 on murder, felony murder, robbery, resisting arrest and weapons offenses. He remains in custody at the Essex County Correctional Facility in lieu of $2 million bail.

During Monday's hearing, Essex County Assistant Prosecutor Paul Bradley, who is handling the case, said he turned over evidence to Latham's attorney, Danica Rue, but that more would be provided, including surveillance videos.

Superior Court Judge Ronald Wigler scheduled a status conference in the case for March 7.

At the time of the incident, Abdul-Ghafur, 35, and two other men were in a hallway leading to his apartment residence at about 8:30 p.m. when Latham allegedly approached them from behind, authorities said.

Latham brandished a gun and ordered the men to lay on the floor and hand over their belongings, according to police reports.

Latham allegedly stole $110 in cash and a cell phone from the other two men, and then approached Abdul-Ghafur, the reports say.

After Abdul-Ghafur began arguing with Latham and refused to turn over his belongings, Latham allegedly shot him in the chest, according to police reports.

Latham then allegedly removed items from Abdul-Ghafur's pockets and fled the hallway, according to police reports. After Latham allegedly left the scene, the other two men ran out of the hallway to find help, the reports say.

Abdul-Ghafur was later pronounced dead at the scene, authorities said.

According to court records, Latham has six prior convictions dating back to 2002.

In addition to a conviction for receiving stolen property in Morris County, the other five convictions occurred in Essex County on charges of burglary, resisting arrest and receiving stolen property, court records show.

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

Newark man, 28, identified as victim in overnight shooting

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Sean L. Scott is the city's 11th homicide victim of 2016

newark cruiser 1.jpgA 28-year-old Newark man has been identified as the victim of a fatal shooting in the city's West Ward late Sunday night. (Star-Ledger file photo)

NEWARK - A 28-year-old city man has been identified as the victim in a fatal West Ward shooting late Sunday night.

Sean L. Scott was pronounced dead just before midnight on the 600 block of South 18th Street, Acting Essex County Prosecutor Carolyn Murray and Newark Public Safety Director Anthony Ambrose said in a joint statement.

According to Newark police reports, Scott and another man were walking along the street when a man approached from behind and began firing. Scott was struck multiple times, and detectives collected at least 13 shell casings from the scene, the reports said.

Scott is the latest victim in a spree of violence that has overtaken the state's largest city over the last week. Seven people have been killed since Wednesday - including a brutal double homicide inside a South Ward home on Saturday - driving the city's early total for 2016 to 11.

No arrests have been made in the case, and authorities have offered to clues as to a possible motive for the slaying.

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

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

Newark woman convicted at 2nd trial in killing of innocent bystander

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Amber Brooks, 21, was found guilty of reckless manslaughter and two other offenses in the Feb. 3, 2013 fatal shooting of Michael Brown, 49, of Newark

NEWARK -- A Newark woman was convicted on Monday of reckless manslaughter at her second trial on charges of killing an innocent bystander during a 2013 shooting on a city street.

Amber Brooks, 21, was found guilty of opening fire on Feb. 3, 2013 on Elizabeth Avenue in Newark and fatally shooting 49-year-old city resident Michael Brown as he was coming out of a nearby restaurant.

Prosecutors have said the shooting occurred during an argument between Brooks and another woman, who accused Brooks of breaking into her apartment.

Brooks was acquitted of a murder charge. In addition to reckless manslaughter, she was convicted of unlawful possession of a weapon and aggravated assault by pointing a firearm, according to a news release from the Essex County Prosecutor's Office.

Essex County Assistant Prosecutor Roger Imhof, who handled the case, said in the release that Brooks faces five to 10 years in state prison when she is sentenced on March 18 by Superior Court Judge Carolyn Wright.

"As always the state respects the jury's verdict," Imhof said in the release. "This case is an example of too many illegal firearms getting in the hands of young people who revert to the use of guns to resolve minor disputes. Mr. Brown was a completely innocent bystander who was simply patronizing a city eatery when he was shot and killed by the defendant."

At her first trial in 2014, the jury found Brooks not guilty of an attempted murder charge, but could not reach a verdict on the remaining charges.

The case has been based in large part on the eyewitness accounts of Jennifer Prophet and her uncle, Eugene Prophet, both of whom have identified Brooks as the shooter.

Jennifer Prophet testified that Brooks was a friend of her niece and had visited their home.

But on the night of the incident, Jennifer Prophet said she, her uncle, and another man walked over to Elizabeth Avenue to find Brooks, because Prophet believed Brooks was responsible for an earlier break-in at her Milford Avenue residence.

After Brooks arrived at the scene with two boys, Prophet testified Brooks pulled out a gun and pointed it in her face while they were on the sidewalk.

Prophet said one of the boys took the gun away from Brooks, but she snatched it back and opened fire in Prophet's direction, ultimately striking Brown. Prophet said Brooks fired the weapon after Brooks and the boys had backed up into the middle of the street.

2nd trial begins for Newark woman charged with fatal shooting of innocent bystanderAmber Brooks appears in Essex County Superior Court before Judge Carolyn Wright. Brooks is tried for the second time in the fatal shooting of Michael Brown. Brown was leaving a restaurant on Elizabeth Avenue in Newark on the night of Feb. 3, 2013 when he was suddenly shot in the lower back as Brooks was shooting at someone else. Wednesday, January, 13, 2016 (Patti Sapone | NJ Advance Media for NJ.com)  

Prophet testified that her gaze was fixed on Brooks and the others throughout the incident.

"My eyes never left none of them," Prophet said. "The whole time, everywhere they went, my eyes went."

The following day, the Prophets reported to police about what had happened, because "an innocent man" had been murdered, Imhof told the jury in his closing statement.

"Jennifer came forward, because a man died, an innocent man died, and she could not live with that, and she was going to tell the police what happened and what she saw," Imhof said.

But Brooks's attorney, Janelle Cleary, argued during the trial that the Prophets were lying and pointed out inconsistencies between their testimonies and previous statements they made.

For example, Cleary noted how Eugene Prophet testified he saw Brooks's face while they were on the sidewalk and that a tree was not blocking a street light, but he previously said he could not see Brooks's face and that the tree was blocking the light.

Cleary claimed Jennifer Prophet lied about not ducking when the shots were being fired, because the surveillance video shows her ducking. Cleary also disputed Prophet's claim about not losing sight of the gun, because Cleary said a tree and cars were blocking her view as the three people Prophet claims were Brooks and the two boys moved into the street.

Cleary alleged Prophet was lying out of a "personal vendetta" against Brooks, because she blamed her for the earlier burglary.

"Don't let Jennifer Prophet use this system, this courtroom, this courthouse, our judicial system, to satisfy her personal gains, to satisfy her need for revenge against Amber," Cleary told jurors in her closing statement.

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

Newark health center opens to serve residents affected by hospital's closure

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The Saint James Federally Qualified Health Center in Newark's Ironbound is expected to provide primary care, OBGYN, pediatrics and internal medicine

NEWARK -- Nearly eight years since Newark's Saint James Hospital was shut down, elected officials gathered on Monday to celebrate the opening of a new health center designed to serve residents affected by the hospital's closure.

The ribbon-cutting ceremony marked the official opening of the Saint James Federally Qualified Health Center in the city's Ironbound neighborhood, which officials said would significantly expand quality health services to thousands of local Latino families.

"Investments in our community health centers - like Saint James - are exactly the kind of investments we must make if we want all of our communities and families to prosper," U.S. Sen. Robert Menendez (D-N.J.) said in a news release about the event.

In addition to Menendez, U.S. Sen. Cory Booker (D-N.J.) and U.S. Reps. Albio Sires (D-8th Dist.), Donald Payne, Jr. (D-10th Dist.). and Frank Pallone (D-6th Dist.) attended the event, along with Newark Mayor Ras Baraka; city Councilmembers Luis Quintana, Augusto Amador and Anibal Ramos, Essex County Executive Joseph DiVincenzo, and State Sen. Teresa Ruiz, according to the release.

"Newark continues to expand access to quality, comprehensive and affordable health care services," Baraka said in the release. "This clinic is another step forward, the result of collaboration and partnership with our federal legislators, Essex County, the Obama administration and the City of Newark."

RELATED: Despite bitter protests, Newark's Saint James Hospital quietly closes

The Lafayette Street facility is meant to help fill the shortfall in access to medical care since Saint James Hospital closed in 2008. After the hospital was shuttered, many local residents did not visit doctors or relied on emergency rooms at other city hospitals, the release states.

Now the multilingual staff at the new center will be providing primary care, OBGYN, pediatrics and internal medicine, the release states.

The center - which is funded in part with $600,000 from the Affordable Care Act, also known as Obamacare - is expected to serve 4,000 patients this year, operating five days a week, and offering extended weekend and evening hours, beginning in the spring, according to the release.

Nicole Fields, President and CEO of Saint James Health, said in the release that her organization was founded in 2014 "to fill the gap in primary care left by the closure of Saint James Hospital, to improve health outcomes and to guarantee access to culturally competent care, specifically in the East Ward."

"Our residents are not traditional health care patients. Here many residents face language and cultural barriers. They may not have proper health insurance," Fields added. "Most critically they are experiencing disproportionately high rates of asthma, diabetes, and hypertension. This trend must be reversed if we are to reach the goal of a healthy Newark."

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

Muslims fight Islamophobia by 'showing up' for others

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Muslim-American leaders say their story of fighting for justice and condemning violence is not often told as they combat hatred and prejudice toward Islam.

They recently sent 3,000 bottles of water to Flint, Michigan, a struggling city rocked when it was discovered that state officials allowed residents to drink toxic water from the Flint River for two years.  

After the San Bernardino terror attacks in California, they began a campaign to raise $50,000 for victims and collected more than $180,000.

And when five black Southern churches were set on fire last year, Muslim-Americans - as they did in Michigan and California - stepped in and helped as their faith compels them to. They raised more than $100,000 to assist in rebuilding.

This is a story of Muslim-Americans and Islam that doesn't often get told, a story that Muslim leaders say best exemplifies their religion, one that is couched in social justice and requires them to condemn violence and be involved.

"That's a better manifestation of what Islam is, than for me to sit down and tell you what I believe and how I pray,'' said Linda Sarsour, an outspoken civil rights Muslim-American activist from Brooklyn, N.Y.

"What I'm asking Muslims to do is to live Islam out publicly, live compassionately. ... live love, live justice and the way that you do that is by showing up for other people and showing up for other humans, and that's what our faith tells us.''

MORERecent Barry Carter columns  

During a panel discussion - "Faith over Fear: The Future of Islam in America" - Muslim leaders from New Jersey and New York this past weekend sought to do this and challenge the irrational fear of its people, which is greater now than after the 9/11 attacks.

The conference, sponsored by the New Jersey chapters of the Islamic Circle of North America and Why Islam, was held Saturday at the Al-Wali Community Center in Edison.

More than 300 people filled the center to hear speakers address the future of Islam and how to combat stereotypes and myths about the religion. They included Sarsour; Dalia Fahmy, an assistant professor of political science at Long Island University; Imam Asif Hirani, of Masjid Al-Wali; U.S Attorney Paul Fishman; U.S. Rep. Frank Pallone (D-6th Dist.); and the Rev. James Thomas, of the Interfaith Clergy Council Clergy of Woodbridge.

The panelists addressed the unfortunate narrative - more like the anti-Islamic, vitriolic rhetoric that goes unchecked - from some Republican presidential candidates, including frontrunner Donald Trump.

"The negativity today is being perpetuated by a completely different establishment,'' Fahmy said.

She said candidates in the GOP primary are not making the distinction between acts of violence and the Islamic faith, as President George W. Bush did following the Sept. 11 attacks.

"You're not seeing that level of responsibility that did take place after 9/11,'' she said. "Fear of Islam has become more and more prominent today and in everyday political discourse.''

As a result, you get Islamophobia- prejudice against or hatred of Islam and Muslims. That turns into increased attacks on Muslims and symbols of Islam. Mosques are desecrated, Muslim women are afraid to wear the hijab, a head scarf.  And because uninformed people are just that, they also attack Sikhs, mistaking them for Muslims because of turbans they wear.

MORE CARTER: Marc is Jewish; Karim is Muslim. Together, they have the same goals

When the reaction to lslam is not violent, panelists said discrimination plays out in other ways, including attempts to block Muslims from building mosques in places such as Mufreesboro, Tennessee. Five years ago, there was a similar situation in Bridgewater. And most recently, Bayonne residents expressed mixed emotions about plans for a Mosque in their town.

Fishman, who is Jewish, said he is in solidarity with the Muslim community on a personal level and that his office has an obligation to stand with people of all faiths who have a right to use their property for places of worship.

"We have seen and heard profound, loud, prejudiced opposition to the building of mosques that will be the place of peaceful prayer,'' Fishman said.

He said his office opened an investigation in the Bridgewater case because the local government violated federal law when it refused to permit the Al Falah Center to convert a building into a mosque, although zoning laws allowed such use. His office closed the investigation after  a settlement was reached last year that allowed the construction.

Islamophobia, however, continues to inaccurately define many Muslims as terrorists, nonprogressive, anti-justice, anti-women, anti-everything.

Until you meet Fahmy and Sarsour, and other Muslim men and women. They're educated and factual in explaining that Islam didn't just arrive in America after 9/11 or that it is some exotic foreign entity, without roots.

Sarsour said Islam is intertwined in the history of African-Americans, many of whom are Muslim, and Fahmy points out that Muslims have always been a part of this country's fabric, including service during its wars.

"Muslim veterans of American wars have been in and fought in every single war since the Revolutionary War.'' Fahmy said.

Hirani, the imam of Masjid Al-Wali, encourages others to share conversation with Muslims and he called on his community to lead by example in the discourse. 

But it must be done "unapologetically," said Sarsour, with Muslims standing tall, squaring their shoulders with pride.

"We have nothing to be ashamed of,'' she said.

Not when you have faith, backed by action, to take down fear every time.

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

With port back in business, dockworkers aren't saying why they walked off

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Traffic was heavier than usual at the start of the workweek as shippers tried to catch up after Friday's unexpected walkout by dockworkers at the N.J. and N.Y. ports, but no one is saying what sparked the unexpected job action. Watch video

NEWARK--Who closed down the port?

Apparently, no one is saying.

The Waterfront Commission of New York Harbor--which serves as a watchdog to keep out organized crime and oversees waterfront hiring--said it has been interviewing dockworkers who staged a walkout without warning on Friday, but found it was not about contract issues or money.

"What we found was pretty much what the media found. Most did not know why they walked out," said Walter Arsenault, the commission's executive director. "They were obviously told to walk out."

Union officials say they had nothing to do with the walkout, but again referenced growing anger by their members at what they called "harassment" by the waterfront commission.

"We were very clear that the international did not know anything about it, and we didn't," said James McNamara, a spokesman for the International Longshoremen's Association.

McNamara, though, said many members feel the commission has increasingly overstepped its bounds, interfering with hiring and making it difficult to work.

"They hold the power over the individual," he said. "You have to have the pass to work."

Created by the states of New York and New Jersey through a 1953 compact, the waterfront commission was born out of public hearings sparked by a newspaper expose into pervasive corruption throughout the port involving mobsters and dockworkers, later portrayed in the film "On the Waterfront."

The commission, which has its own police department, licenses workers, conducts background checks, and retains vast oversight responsibilities for those who work and do business in the port--all funded by assessments on employers. Without a license--what workers call the pass--those seeking employment within the port cannot be hired or stay on the job.

But both the union and the terminal operators who hire them have sharply criticized the commission in recent years. The ILA and the region's main employer group, the New York Shipping Association, filed suit in 2013, accusing the agency of holding up hiring and threatening a labor shortage. They charged that the commission had overstepped its bounds by imposing stricter hiring rules on potential hires.

A federal judge later dismissed the case, ruling that commission was "well within its statutory authority" to require shipping companies and other employers to certify that potential hires had been referred based on non-discriminatory practices under state and federal law. The case is now on appeal.

Last year, the New Jersey Legislature voted to pull the state out of the commission. Gov. Chris Christie vetoed the measure.

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State Sen. Raymond Lesniak (D-Union), who sponsored the legislation, said the waterfront commission has outlived its usefulness.

"At the time it was created, there were 50,000 longshoremen. Now there are 5,000," he said. "Their interference is hurting commerce. Its jurisdiction within the port has played a role in companies making decision on what port to go to. It's a commission trying desperately to justify its own existence."

The commission itself came under scathing review in 2009, when the New York Inspector General issued a report finding it riddled with abuse--misusing federal Homeland Security funding, hiring unqualified cops, and allowing convicted felons to get jobs. Since then, there has been sweeping personnel changes.

Arsenault, who was brought in to make some of those changes, said the union is upset because the agency is now doing its job.

"The commission didn't do anything for years and years," he said.

One of the issues raised by the union, he said, is the commission's random testing for drugs--a problem he said was recently underscored when a longshoreman driving a toploader, used to move shipping containers, struck and killed a female co-worker while he was allegedly under the influence.

Back on the job

Meanwhile, it was business as usual Monday after Friday's day-long shutdown at the port, which includes Port Newark, the Elizabeth-Port Authority Marine Terminal, the Howland Hook Marine Terminal, the Brooklyn-Port Authority Marine Terminal, the Red Hook Container Terminal, and the Port Jersey Port Authority Marine Terminal.

"There was very heavy truck traffic, but that was anticipated given there were only two full work days last week," said Steve Coleman, a spokesman for the Port Authority, which serves as the landlord for the port.

Part of the catch-up was due to the weather. Last Monday and Tuesday, the port terminals had been closed because of last week's blizzard, and then shut down on Friday by the walkout.

The New York Shipping Association, which represents terminal operators, ocean carriers, and stevedores, said there were no problems at the start of the workweek.

"Things are busy--which is quite normal for a Monday," said Beverly Fedorko, a NYSA spokeswoman.

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

 

How Newark schools closed a $65M deficit in 6 steps

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The state-controlled district is expecting a similar budget gap of around $70 million next year

NEWARK - Seven months ago, Newark's public shools were in a state of flux.

Its embattled superintendent, Cami Anderson, had just left her post behind after a tumultuous three years. The state announced it would finally return control of the district to local officials after more than 20 years, and sent in a new appointee - former education commissioner Christopher Cerf - to oversee the prolonged handoff.

One thing remained the same, however. The district's finances were a mess.

Cerf inherited a deficit of approximately $65 million, and immediately began strategizing on how to close the gap while minimizing impact on the city's already disadvantaged schools.

At a meeting of the city's School Advisory Board last month, Cerf announced that the once mammoth shortfall had been closed.

Here's a closer look at how the district pulled it off.

Reduction in Employees Without Placement - $25.0M:

Under Anderson, the city's pool of unassigned teachers, or "Employees Without Placement", had ballooned to approximately 450. The group, whose combined salaries at the time totaled an estimated $35 million, had ended up without a classroom for various reasons. Some had tenure charges or poor performance to blame, others had refused extra hours and duties at so-called schools placed in the district's "turnaround program", and many simply found themselves the odd man out as schools were either closed or reconfigured.

By late August, the pool had been reduced by more than half, and as of last month, it stood at just 124 - saving the district approximately $25 million in the process.

Central office "cuts" (non-salary) - $23.1M:

Shortly after being named superintendent, Cerf made a public promise to focus staff cuts on the district's notoriously bloated bureaucracy while sparing teachers and classroom support staff. By last month, he cited more than $23 million in "non-salary" cuts from the central office, such as the elimination of already vacant positions, and refunds in aid from charter schools who failed to reach enrollment projections.

Central office (salary) - $6.3M:

Cerf cited no additional layoffs since being named school chief, but said his administration was able to find significant savings by not filling vacant salaried position in the central office, and through retirements and other attrition.

Benefits Savings - $5M:

Reductions in staff come with an added bonus - the district is no longer on the hook for providing the employees with health benefits.

Mid-year Title Funds and one-time insurance payment - $3.5M:

The district said it made conservative estimates as to how much funding it would receive through federal Title I and Title II programs, which send money to low-income schools each year. The funds distributed after July 1 were higher than expected, leading to an welcome windfall. An insurance payment from a fire that destroyed Elliott Street School in 2006 also arrived, helping to further close the budget gap.

School level non-salary - $2.1M:

The smallest dent in the funding gap was made through cutting positions in district schools, though officials said all such reductions were realized through the elimination of already vacant positions and non-salaried workers.

While this year's deficit is now a thing of the past, the district's financial problems are far from over.

Cerf said he is already anticipating a gap of approximately $70 million for the 2016-17 school year, and officials are already looking into selling vacant buildings, reducing bank taxes and changing health insurance plans to help find some much-needed funds.

"We are facing a very substantial budget challenge next year," he said.

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


How a decade of football got more N.J. men to go to church

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Special football-themed services have been the cornerstone of one church's attempt to get more men in the pews. Watch video

EAST ORANGE -- An unbelievable Hail Mary in last month's playoffs may not have gotten the Cardinals or Packers into the Super Bowl, but according to one New Jersey reverend, football is getting men into church.

For the past ten years, New Hope Baptist Church in East Orange has been capitalizing on Super Bowl fever to redefine what the "NFL" could mean to its male parishioners.

The annual "New Found Life" service this past Sunday had a football theme that any Super Bowl party would envy - complete with a choir decked out in jerseys, deacons playing referees, and a teen dance ministry performing faith-themed football cheers. So far, the pigskin services, which launched in 2006 after church officials noticed a discrepancy between the numbers of women and men who attended church services, are working, church officials say.

"Our church continues to see an increase in the number of men who attend services and participate in the church's various activities," Rev. Dwight D. Gill, pastor of New Hope Baptist Church, said in a statement about the event's anniversary. In addition to the service, which happened one Sunday before the Panthers and Broncos are set to face off in Super Bowl 50, the church has also added hands-on service projects aimed at appealing to men's interests, skills, and hobbies.

According to Duke University's National Congregations Study, about 60 percent of churchgoers nationwide are women. A Pew research study found that women are more likely than men to take part in prayer, meditation, and most other religious practices.

But New Hope, Gill said, has been steadily closing its gender gap over the past decade, and increasing its male membership.

"It's all about communicating with men in a way they understand, but with a spiritual emphasis," he said.

The services give the new members "the opportunity to listen and learn how spirituality can play a key role in helping them with their daily challenges and responsibilities."

This year's service included keynote speaker Lonnie Allgood, a retired wide receiver who played for the Cincinnati Bengals and the Buffalo Bills before retiring, and forming "Dreams for Kids," a nonprofit aimed at helping young people reach their goals.

Dozens of football fans and worshippers gathered in the East Orange church Sunday to hear Allgood speak, and to get off of the spiritual sidelines.

Statistics in New Jersey are still skewed toward women worshippers. But, Gill, who called the service "innovative," said it's one of many ways churches can reach out to men in their congregations.

"(It's) now very popular and successful."

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

Police arrest man in connection to 3 weekend homicides in Newark

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Jeffrey Holland is accused of killing one man and two women over the weekend Watch video

NEWARK -- Authorities have arrested a male suspect in connection to three weekend killings in Newark, NJ Advance Media has learned. Sources familiar with the investigation, who spoke on condition of anonymity, confirmed the arrest.

The man has been identified as Jeffrey Holland, 27, of East Orange, according to information provided at a press conference held by the Essex County Prosecutor's Office Tuesday afternoon.

Holland was charged with the fatal shootings of Newark residents Ashley Jones and Jarrell Marshall, authorities said.

Jones, 23, and Marshall, 28, apparently a couple, were found shot to death inside their Clinton Place home Saturday, authorities have said. Three children under the age of five were found inside the home at the time.

According to authorities, two of the children found at the home were Jones's and Holland's. The third child was Marshall's with another woman, officials said.

According to police reports obtained by NJ Advance Media, authorities are also investigating the strangulation death of a woman whose body was found in a Stratford Place home Friday night. The woman's body was found bent over the bathtub, with the water still running, the report said.

Authorities said Tuesday that Holland has also been charged in the murder of the woman, who was identified as 21-year-old Taniquah Rouse.

A five-month-old baby identified as Rouse's son was later found inside a closet in the home, authorities said. The discovery led authorities to also charge Holland with endangering the welfare of a child, officials said. 

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

28 inches, 9 plows: Newark resources stretched thin during historic blizzard

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The city also struggled to secure adequate help from contractors to help with plowing and snow removal during the storm Watch video

NEWARK - If you were looking for reasons many of the city's streets remained filled with snow for days following a record-setting blizzard last week, it turns out you can count them on two hands.

During an appearance before the City Council Tuesday morning, Mayor Ras Baraka revealed that Newark - the largest city in New Jersey - had just nine vehicles for plowing and salting roads during a storm that paralyzed much of the city for days. By comparison, South Orange, with a population of just over 16,000, claims at least 30.

Baraka claimed the fleet was decimated as trucks were sold off following former Mayor Cory Booker's effort to privatize of the city's sanitation department in 2010, which eventually ended in hundreds of employees being laid off.

"Its shameful," he said. " If we tried to plow the snow ourselves we would be still plowing it (Tuesday)."

Will the blizzard of 2016 hurt Baraka's chances in 2018?

With so few resources of their own, officials were forced to lean heavily on outside contractors - though that also failed to go as planned.

The city approved contracts with 9 vendors in November 2014, setting aside up to $2.5 million in order to provide as many as 125 plows and 85 bucket trucks, front loaders and other equipment to assist with snow removal. According to officials, however, those deals do not require the contractors to commit all of those resources to Newark alone.

As well over two feet of snow blanketed the city, outside trucks supplied as many as 45 additional trucks, but the surprisingly heavy snowfall coupled with a bevy of disabled vehicles and citizens with urgent medical needs ultimately set the operation back until the state and emergency contractors stepped in to provide additional manpower, according to Neighborhood and Recreational Services Director Patrick Council.

"Unfortunately the conditions of the storm outweighed the resources that we had," he said.

Council members said they planned to pursue immediate action to address the city's lack of plowing and salting vehicles in hopes of avoiding similar issues, and the inevitable outcry from residents that accompanies them, in the future.

"If we have to do a bond in order to do that, then we need to do it," said Central Ward Councilwoman Gayle Chaneyfield Jenkins.

Baraka also said his administration would taken a new approach with plowing and snow removal vendors in hopes of securing contracts that would bind them to the city when it faces a significant storm.

"We have to outline specifically what we need. Not upon availability but 'we need this or nothing else,'" he said. "We will absolutely positively not allow this to happen again."

Baraka, Council and Public Safety Director Anthony Ambrose were among a number of city officials summoned to the meeting to address the blizzard, including grievances regarding the city's communication and perceived preferential treatment for certain blocks and neighborhoods.

"There needs to be regular communication. The council should be a part of putting together the plan," said North Ward Councilman Anibal Ramos Jr. "We need to set realistic expectations for residents."

Unlike the aftermath of some blizzards past, exchanges between the city's executive body and officials remained cordial throughout the meeting. East Ward Councilman Augusto Amador offered a number of criticisms and handed over a list of recommendations on how responses might be improved, but stopped short of repeating an earlier call for Council's resignation.

Chaneyfield, however, suggested that the city examine whether asking a single director to oversee both recreation and neighborhood services (which includes snow removal), might be too tall an order. Council oversaw recreation for Newark Public Schools prior to being appointed Baraka in July 2014.

"It was too much for one person to do with a limited amount of trucks we had," Chaneyfield said.

Baraka continued his defense of the city's response, saying any amount of preparation likely would not have spared the city from a lengthy cleanup given the historic nature of the storm.

He counted a number of sympathizers on the council, including President Mildred Crump, who joined several of her colleagues in thanking those who played a role on the road back to normalcy.

"What happened last week was not an act of Mayor Baraka, it was not act of Director Ambrose, it was not an act of Fire Chief (John) Centanni," she said. "It was an act of God."

Correction: An earlier version of this article incorrectly described efforts to privatize sanitation services in 2010.

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

$3.4M verdict upheld for families of 2 laundry workers killed by toxic fumes

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Carlos Diaz and Victor M. Diaz, Jr. died on Dec. 1, 2007 after inhaling chemical fumes while cleaning a wastewater treatment tank at a Linden laundry facility

NEWARK — A state appellate panel has upheld a nearly $3.4 million verdict awarded to the families of two men who died from inhaling toxic fumes while cleaning a wastewater treatment tank at a Linden laundry facility in 2007.

In a decision released on Monday, the appeals court affirmed the verdict an Essex County jury awarded at a 2014 trial to the estates of Carlos Diaz, 41, of Paterson, and Victor M. Diaz, Jr., 42, of Hillside, in their lawsuits against North East Linen Supply Company, which operates the facility.

"We further discern no indication that the jury's verdict represents a miscarriage of justice," according to the appellate decision.

The verdict was comprised of nearly $1.5 million for Carlos Diaz's estate and roughly $1.9 million for Victor M. Diaz, Jr.'s estate, the decision states. The men were not related.

The tank — which contained sulfuric acid and various cleaning chemicals — was used to adjust the pH level of wastewater by adding sulfuric acid, thereby making it safe to be drained into the sewer system, the decision states.

On Dec. 1, 2007, the two men were found dead at the bottom of the tank, the decision states.

A medical examiner later determined the workers sustained chemical burns on about half of their bodies, including their faces and eyes, the decision states. The medical examiner concluded the cause of death for both men was "inhalation of chemical fumes," the decision states.

RELATED: Linden firm is cited by OSHA for two deaths

In response to the accident, the federal Occupational Safety and Health Administration (OSHA) in June 2008 cited North East Linen Supply for multiple safety and health violations, and proposed a total of $79,250 in fines for the combined violations.

During the trial, Peter Aguirre, the facility's maintenance manager and safety instructor, testified that he had instructed Carlos to clean the tank on Dec. 1, 2007, but told him not to go into the tank, the decision states. Aguirre said he told Victor to help Carlos, but gave him no specific instructions, the decision states.

Aguirre insisted that he never sent any workers into the tank and said the company followed written policies against entering the tank, the decision states.

But Aguirre testified he was aware that two other workers, Fernando Martinez and Eddie Cruz, had entered the tank on two occasions, the decision states.

"Nevertheless, Aguirre never took action to prevent employees from entering the tank, never reported or recorded anything in the personnel files of Martinez or Cruz, and never told any other managers that employees were entering the tank," the decision states.

According to the decision, the verdict indicates jurors did not believe Aguirre's account that he told Carlos not to enter the tank and found that the company's conduct was "a proximate cause" of the men's deaths.

large_unitehere.jpgUnion officials tried to organize the workforce at North East Linen Supply in 2008 following the deaths of two workers in a chemical storage tank. 

As part of its appeal of the verdict, North East Linen Supply, which operates a large-scale commercial laundry business, argued the trial judge improperly rejected its claim of being immune from liability under state law, because the deaths did not stem from "any intentional wrong," the decision states.

The company also claimed the judge should have granted its request to instruct jurors that they could consider whether Carlos and Victor were negligent, the decision states.

But the appellate panel rejected those arguments.

As for the immunity issue, the panel said "a reasonable juror could have deduced Aguirre intended for Carlos and Victor to enter the wastewater tank," the decision states.

"Moreover, a reasonable juror could have found Aguirre's credibility was sufficiently impeached to support an adverse inference that he affirmatively instructed Carlos to enter the tank," the decision states.

The panel added that the trial judge "reasonably found that, absent training, the toxic conditions inside of the tank were 'more than a fact of life of industrial employment' at a commercial laundry facility, and 'plainly beyond anything the Legislature intended the [Act] to immunize,'" the decision states.

The appeals court also found no basis to let the jury consider whether the "two untrained and unsupervised workers were comparatively negligent," the decision states.

"Plaintiffs' negligence, if any, arises out of Aguirre's alleged contrary instructions, and absent appropriate instructions or training, there was insufficient evidence to create a legitimate inference that either plaintiff was negligent and his negligence proximately caused the fatal injuries sustained," the decision states.

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

Mercer County looking to send jail inmates to other counties

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Plans are preliminary, but Mercer County is looking for alternatives to jailing inmates in Hopewell Township.

TRENTON -- Mercer County officials have been visiting county jails in Essex and Hudson counties recently in anticipation of possibly lodging inmates in other county facilities, Mercer County Executive Brian Hughes said Tuesday.

No plans are set, and Hughes declined to get into specifics, but he confirmed that his administration is seriously looking for alternatives to jailing people at the Mercer County Correction Center in Hopewell Township.

The Essex and Hudson facilities have vacancies, Hughes said.

Hughes said the Mercer jail is old, needs continuous maintenance, and the county would like to offer jail inmates better medical care, among other issues. The facility currently employs 233 corrections officers and 49 civilian staffers.

The county has studied the current Hopewell site, which Hughes says is not receptive to expanding anymore, and the choices come down to relocating inmates or building a new jail - which the county estimates at $400 to $500 million.

"Those figures are kind of daunting, when you think about it," Hughes said.

Looking for an alternative to the current county jail is not new.

Mercer County remains part of a study with Atlantic, Burlington, Camden and Cumberland counties that will examine the feasibility of a regional correctional facility.

The county agreed last June to pay up to $160,000 to be in the study, which was for one year and has a renewal option. Burlington County is acting as the lead in performing this study, Mercer officials said.

Hughes said any plans to move inmates to other counties would be presented to the Mercer County Board of Freeholders with a detailed plan. "And we're a ways off from that," he said.

Hughes said the jail is antiquated and can't take full advantage of camera-aided monitoring, so it requires additional manpower to staff it than more modern facilities.

A NJ Advance Media examination of overtime at county jails last year found Mercer County paid $40 million in overtime from 2010 to 2014, the highest tally in the state for those years.

Also, any plan to move prisoners would have other implications, Hughes acknowledged, from the current corrections officers and staff, to transporting inmates back and forth to a possibly northern county.

Hughes said any relocation of inmates would not eliminate the Mercer County corrections department, which would still maintain a Mercer presence to coordinate transportation to another facility and work with local police departments.

On Tuesday, the Mercer jail had 686 inmates, officials said.

A Mercer County location would also assist people in bailing out inmates locally, Hughes said.

One of the questions Hughes believes is most important in terms of looking at another county's jail facility is, "Do they have the services that I think it's important to have?"

Hughes said his feedback has been yes, and other counties do a better job at providing inmates medical services. Currently, two officers have to be assigned to prisoners needing outside medical care, Hughes said.

The county's goal, he said, is to provide for Mercer County inmates a more "therapeutic model" of treatment, including substance abuse treatment, coping skills, mental health treatment and education.

Also, Hughes said a consideration would also be in assisting current correction officers in finding reemployment is such a plan moves forward.

Hughes said the county also looked at Somerset County's jail, but found the jail is already full.

Last year, Somerset and Hunterdon counties struck a deal in which prisoners awaiting trial in Hunterdon County will now be housed at the Somerset County jail.

The Hunterdon County jail will not fully close under the outsourcing deal, but will only be used for new prisoner processing until transfer to the Somerset County jail about 15 miles away, officials said.

And in 2013 decision, Gloucester County closed its jail relocated prisoners to Burlington, Salem, Cumberland and Essex counties.

Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find The Times of Trenton on Facebook.

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