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$525K paid back to travelers left stranded overseas, scammed out of trips

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Customers got about 65 percent of what they lost back, state officials announced.

18030391-mmmain.jpgSome of the company's travelers were stranded overseas when it folded, officials said. (File photo, FABRICE COFFRINI)
 

BLOOMFIELD -- More than 200 people who were scammed out of money they unknowingly paid to a defunct travel agency will receive checks in the mail, the Office of the Attorney General and the New Jersey Division of Consumer Affairs announced Friday.

According to authorities, 227 customers have been refunded part of what they paid for all-inclusive travel packages from Crown Travel Service, Inc., of Bloomfield.

The owners of Crown Travel -- also known as "Club ABC tours" and affiliated with ABC Destinations -- brothers Robert and Thomas Paris, were ordered in September to pay $525,000 in restitution after a ruling in an action filed on behalf of the defrauded customers, officials said. The entire amount was paid out to the would-be travelers, who are from New Jersey and 18 other states, authorities said.

"These restitution checks mark the final chapter in the state's efforts to halt and remedy the deceptive practices of the Paris brothers and their businesses," Acting Attorney General John J. Hoffman said in a release about the payments.

"Through their actions, the defendants heartlessly prevented customers from enjoying hard-earned vacations and milestone events such as anniversary celebrations in dream locations around the globe."

The state's case against the brothers and their companies began in 2012, when authorities say they continued advertising and selling travel packages despite closing up shop. When Crown Travel abruptly closed its doors in October of 2012, some of its customers were left stranded overseas, officials said. Others never received refunds for trips they paid for, but never took.

The $525,000 covered about 65 percent of customers' verified losses, said Steve Lee, Acting Director of the New Jersey Division of Consumer Affairs.

A separate civil judgment against the brothers for $119,000 will be suspended after two years if they comply with a list of prohibited behaviors, which includes accepting payment for a travel package and failing to provide merchandise, officials said.

The Paris brothers also must dissolve the companies, and notify the state if they open other businesses in the next two years, authorities said.

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

Man robbed at knifepoint at Montclair train station, police say

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Police say they are looking for two suspects who did not make off with anything.

DSC_0232.JPGMontclair police are looking for two alleged robbers. File photo. (Jessica Mazzola | NJ Advance Media for NJ.com)
 

MONTCLAIR -- Police are looking for two men who they say attempted to rob a township resident at knifepoint.

At about 11:36 p.m. on Feb. 23, police say a man was walking near the Walnut Street train station when two men approached him demanding his wallet and watch. One was holding a knife, authorities said.

When the victim did not hand the items over, the suspects fled, police said. The man was not injured, police said.

The men were described as black, in their 20s, about 5-feet-8-inches tall. One was wearing a yellow or orange hoodie with a black mask covering his face, police said.

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

Baraka to deliver second 'State of the City' address in March

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The March 15 speech will tout accomplishments in public safety and economic development, according to officials

NEWARK - Mayor Ras Baraka is just two weeks out from delivering his second "State of the City" address.

The mayor will sum up the year that was on March 15 at 6 p.m. at the the New Jersey Performing Arts Center's Victoria Theatre.

According to a release issued by the city earlier this month, Baraka is expected to focus largely on his administration's accomplishments in economic development and public safety, and other areas in which he is "carrying out his vision for the future of Newark."

During last year's address at a packed Council Chambers at City Hall, Baraka proudly trumpeted declines in violent crime during his first year in office, including a 40 percent reduction in homicides during the first quarter of 2015.

Baraka asks Port Authority to OK $15 minimum wage, 'do right' by Newark residents

Those gains were short-lived, however, and Baraka has acknowledged challenges in tackling crime and public safety issue at a recent string of Town Hall meetings, Newark recorded 105 homicides last year, an increase that prompted him to merge the city's police and fire departments.

The remainder of the year has also been characterized by similar ups and downs for the first-term mayor.

He scored a major victory in securing a promise from Gov. Chris Christie to return the city's school district to local control after more than 20 years - a deal that coincided with the ouster of controversial school superintendent Cami Anderson. Since then, however, he has faced criticism for what some early backers believe has been a move toward the center in the city's heated education debate.

Interest from developers and private sector businesses have remained strong over the last year, with hotels and other projects springing up in and around downtown.

While last year's address was given before a packed Council Chambers at City Hall, the 2016 version will be moved to NJPAC. The City Council is expected to vote Wednesday on a proposed $7,500 gift to the theater for use of the facility.

This year's address will be aired on Newark government access television and may be streamed live on the city's website.

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

Booker says he has immunity in bid to dismiss negligence lawsuit

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The former mayor of Newark says he should not be financially liable for the collapse of the watershed conservation corporation.

NEWARK -- U.S. Sen. Cory Booker should be dropped from a lawsuit alleging he is partly responsible for the bankruptcy of the Newark Watershed Conservation and Development Corp. because he had immunity as a public employee and relied on its legal and financial professionals, his lawyers argue in a court filing. 

In the brief filed in U.S. Bankruptcy Court, Booker's legal team from Perkins Coie of New York said the law "unambiguously" states that public employees "are not liable for" legislative, judicial and administrative actions or inactions.

"The immunity is conferred in unqualified terms," it says. 

Booker was named in the suit filed last year by the provisional trustees of the corporation, which fell into bankruptcy while he, as mayor of Newark, served as an ex officio board member and chairman. The trustees filed suit against 18 former executives, employees, contractors, accountants and trustees, saying their mismanagement and lack of oversight led to the corporation's collapse. 

Their inattention, the lawsuit says, created the environment for former Executive Director Linda Watkins-Brashear and others to run the corporation into the ground through years of inept management and kickbacks. 

Ex-Newark watershed director admits taking $1M in kickbacks

The trustees are seeking to recover damages from Booker and the others. 

But in the court filing, Booker says he should not be held responsible because none of the legal or financial professionals hired by the corporation ever informed him of concerns about Watkins-Brashear. They also did not express concerns about Booker's ultimately failed effort to create a municipal utilities authority, which drained the corporation's bank account.

When Booker and others finally became aware of the corporation's dire state, they "acted quickly" to dissolve it. 

"Under these circumstances, there should be no question that Booker is entitled to dismissal of the claims against him," his brief says. 

A hearing on motions to dismiss the defendants, including Booker, will be held Friday. 

Meantime, Watkins-Brashear pleaded guilty in December to two courts of conspiracy and filing false tax returns and will be sentenced April 5. 

Three other individuals already pleaded guilty to corruption charges related to the watershed corporation. 

Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.

East Orange man, 32, found shot to death inside home

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Tushon Jones, 32, was discovered at his Charles Street residence shortly before 1 a.m. Sunday

police-tape.jpgAn East Orange man was found shot to death inside his Charles Street home early Sunday morning, according to authorities. (Ed Murray/The Star-Ledger)

EAST ORANGE - Police say a city man was found gunned down inside his Charles Street home early Sunday morning.

Tushon Jones, 32, was shot multiple times, and was pronounced dead after police found him shortly before 1 a.m., Acting Essex County Prosecutor Carolyn Murray and East Orange Public Safety Director Sheilah Coley said in a joint statement.

No arrests have been made in the case, and authorities have not disclosed any potential motive or suspects in Jones' death.

An investigation by the prosecutor's office's Major Crimes and Homicide Task Force remain active, Murray and Coley said.

MORE: Essex County News

The homicide is the second of the year in East Orange, according to an NJ Advance Media count. The first came when a 90-year-old man was strangled inside his home on Feb. 9.

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

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

N.J. man arraigned on charges he robbed 14 hotels

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Tremone Burnett in some cases tied up employees and brandished a gun, authorities charge.

NEWARK -- An Orange man is facing the possibility of spending the rest of his life in prison on charges he allegedly held up workers in hotels in New Jersey and New York over a six-week period in 2014.

Tremone Burnett was arraigned Monday before U.S. District Judge Katharine S. Hayden on charges that he held up workers at 14 hotels from April through June, 2014. 

Burnett faces charges for each of the alleged robberies as well as for brandishing a gun during the crimes, authorities said. If convicted on the robbery and gun charges, he would be required to serve the sentences consecutively, said Assistant U.S. Attorney Barry Kamar. 

"Effectively, the defendant is looking at life" in prison if convicted, he said. 

Burnett, who is represented by public defender Chester Keller, did not speak during his appearance. He is pleading not guilty.

According to court records, Burnett allegedly held up employees at these hotels in 2014: Howard Johnson's in Newark, April 24; Comfort Suites, Woodbridge, May 7; Marriott Fairfield Suites, Best Western, Rockaway and the Crowne Plaza, Paramus, all May 9; Extended Stay America, Secaucus and the Sheraton, Weehawken, both May 31; Howard Johnson's Airmont, N.Y. and the Comfort Inn, Edison, both June 4; the Marriott, Lebanon, June 8; the Hilton Garden Inn, Nanuet, N.Y., June 13; the Hotel Executive Suites, Carteret and the Fairfield Inn, Newark, both June 15; and the Comfort Suites, Newark, June 19. 

In some cases, Burnett allegedly tied up employees using zip ties. 

He also fired a gun during the May 31 robbery in Weehawken, court papers say. 

When he was first charged in 2014, authorities accused Burnett of participating in six robberies, in which he made off with $2,850, safety deposit boxes, employee paychecks and an ATM machine. 

Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.

Newark man pleads guilty to helping run heroin mill

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Bryant Rudd becomes the third of five Newark men charged in the ring, which was busted in 2013.

 

NEWARK -- Bryant Rudd made a daring escape from Newark police when they went to investigate what they believed was a heroin mill on Nov. 12, 2013, authorities say.

When police entered the building on Broadway and climbed the steps to the third-floor apartment they were targeting, Rudd took the only course left to evade them: He jumped out the third story window, landing 30 feet below, court records say. 

Rudd was eventually arrested in February, 2014. 

On Monday, Rudd, 27, officially conceded the chase to the authorities. In a hearing in federal court before U.S. District Judge Jose Linares, Rudd admitted he took part in a plot to sell more than 100 grams of heroin. 

5 men charged with running heroin ring

When police stormed into the apartment in 2013, they found materials for making and storing heroin, and more than a kilogram of the drug -- some of it stored in envelopes stamped "Obamacare," court papers say. 

Rudd faces a minimum sentence of five years in prison up to a maximum of 40 years and a fine of $5 million, according to the plea deal. Following his imprisonment, he will have a period of supervised release of four years.

He will remain out on bail. Sentencing is scheduled for June 7.

Rudd becomes the third of five Newark men in the case to plead guilty. Shakur Billinghurst pleaded guilty and was sentenced to more than three years in prison, and co-defendant Rassol China received nearly 22 years. 

Two other defendants, Lateef Grimsley and Daquwann Walker, are in custody. Their cases are pending. 

Tim Darragh may be reached at tdarragh@njadvancemedia.com. Follow him on Twitter @timdarragh. Find NJ.com on Facebook.

Guilty plea: Driver admits killing man dangling from her car

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Jessica Manno, 29, of Bayonne, pleaded guilty to leaving the scene of a 2014 crash in Newark that killed Anthony Gant, 28, whom Manno allegedly visited to purchase drugs

NEWARK -- A Hudson County woman admitted on Monday to sideswiping a parked car in Newark with an alleged drug dealer hanging onto her vehicle, knocking him off her vehicle and ultimately causing his death.

Jessica Manno, 29, of Bayonne, made that admission when she pleaded guilty to leaving the scene of the Sept. 17, 2014 crash that killed Anthony Gant, 28, of Newark.

In exchange for her guilty plea to a charge of leaving the scene of a fatal accident, Manno is expected to receive a suspended three-year state prison sentence. Since Manno already served nine months in jail, the prison term will be suspended and she will be placed on probation, authorities said.

Manno also had been charged with vehicular homicide and endangering an injured victim, but those charges will be dismissed as part of a plea agreement.

Her sentencing is scheduled for April 25 before Superior Court Judge Ronald Wigler.

The incident occurred after Manno allegedly visited Newark to purchase drugs from Gant, according to Katherine Carter, spokeswoman for the Essex County Prosecutor's Office. When Manno became involved in an altercation with Gant, he punched her in the face, Carter said.

RELATED: Man gets 4 years for fatal hit-and-run after outbursts from his family

During Monday's hearing, Manno said that after Gant approached her Nissan XTerra on Riverview Court and ultimately struck her, she tried to drive away and Gant held onto the vehicle. Gant was standing on a step near the driver's side door and holding onto a railing on the roof of the vehicle, Manno said.

As Gant clung to the vehicle, Manno said she sped off and ultimately turned onto nearby Albert Avenue. Then Manno said she drove alongside a parked car and knocked Gant off her vehicle.

Manno acknowledged that Gant struck a part of the parked car, fell off her vehicle and suffered injuries that ultimately led to his death.

Following the crash, Manno said she left the scene and did not contact the police.

"And you did not at any point in time call the police and let them know what happened, correct?" her attorney, Deirdre McMahon, asked Manno during the hearing.

"No," Manno replied.

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


Man shoots at woman in Linden parking lot, police say

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A group of young men approached a 28-year-old Newark woman outside an auto parts shop and then fled the scene, police said. Watch video

Union County Police CarsA Linden police cruiser is shown at a crash scene.  

LINDEN -- A man shot at a woman, missing her, in the parking lot of an auto parts store Sunday, police said.

A group of young men approached the 28-year-old Newark woman outside Advance Auto Parts on East Saint Georges Avenue around 5:45 p.m., Capt. James Sarnicki said. 

One of the men spoke with the woman, pulled out a handgun and fired a round at her, Sarnicki said. 

He said the group fled the parking lot, and the woman got in her car and followed them to the 1100 block of Middlesex Street, where they dispersed. 

Sarnicki said police were directed to a "suspiciously parked," empty 2007 Honda with its windows open that was blocking a driveway. The officers searched the vehicle, did not find any weapons and towed the car from the scene, Sarnicki said.

An investigation is ongoing. Anyone with information may call Det. Matt Damatta at 908-474-8538. Police said all calls will remain confidential. 

MORE UNION COUNTY NEWS

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

Newark archivist revives lost history of Puerto Rican riots

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The 1974 Puerto Rican Riots in Newark is an unexamined part of the city's history that a library archivist is keeping alive with a traveling exhibit.

Yesenia Lopez wasn't interested in history until she started learning about her own at Rutgers University in Newark.

The courses she studied on Puerto Rico nearly 18 years ago rewired her curiosity and ultimately changed the trajectory of her life.

Why become a nurse or a law enforcement officer (careers she once considered), when she could bring attention to a forgotten part of Newark's history - the 1974 Puerto Rican riots?

Lopez, a project archivist for the Puerto Rican Community Archives at the Newark Public Library, is in charge of a traveling exhibit that reflects the civil rights movement for the Puerto Rican community in Newark.

 MORE: Recent Barry Carter columns  

The exhibit, a series of panels, was on display last month at the Dana Library at Rutgers in Newark. Graduate students at Rutgers also contributed, with a showcase of materials that will be up through April 2.

"This is my labor of love, documenting our community,'' said Lopez, whose archival division comes under the New Jersey Hispanic and Research Information Center at the library.

The riots, however, remain a painful episode of violence that erupted 42 years ago between Essex County police and Latino attendees of Las Fiestas Patronales, a festival held that Labor Day weekend in Newark's Branch Brook Park.

Willie Sanchez, a former Newark resident who witnessed the clash, said years of police brutality and harassment came to a head at a time when the city still had not recovered from the 1967 riots. The Puerto Rican community, he said, had high unemployment, lived in substandard housing and lacked opportunity.  

"There was a feeling of here we go again,'' Sanchez said. "We have to understand that 1967 and 1974 were reflections of what a community was going through.''

The riots - as explained in the exhibit, including written histories and newspaper clippings - started when county police tried to break up what one officer believed was an illegal dice game.

An argument ensued and the situation escalated when an officer's horse knocked over a game table. When city police were called in for backup, all hell broke loose and the rioting lasted nearly three days.

A young girl was trampled by a horse and a man was fatally clubbed by a police officer, who later was acquitted on murder charges. Festivalgoers, who were beaten by police, threw rocks and bottles.  Two police cars and a  motorcycle were set on fire.

Butchie Nieves, a Newark resident, stood on top of a car, holding a Puerto Rican flag and was engulfed in smoke.

"This was an assault on our Puerto Rican culture,''  Nieves said. "That was the moment I was proud to be a Puerto Rican and not be afraid.''

Mayor Kenneth Gibson intervened and led some 1,000 people in a march to City Hall to address their concerns, although the violence would continue.

Sigfredo Carrion, one of the community leaders, shared concerns about having more diversity in the police department and asked for the release of people arrested for misconduct during the riot. He said Amiri Baraka, of the African Congress of People, was instrumental in helping the Puerto Rican community have their grievances met.

What's surprising about this tumultuous period is that little scholarly information existed until Olga Jimenez de Wagenheim, then a history professor at Rutgers-Newark, began doing research in 1999. 

For instance, Jimenez de Wagenheim said there were 7,400 police officers on the force, but only 23 were Hispanic in a city with 40,000 Puerto Ricans. "You could see there was no real representation,'' she said.

MORE CARTER: At 90, Maplewood woman looks back at world wide adventures and struggles back home

Her original research, which placed 5,000 to 6,000 people in the park, led to the first community presentation at Rutgers in April 2000. It also linked to information about other riots that had taken place in Latino communities in Jersey City, Paterson and Camden between 1968 and 1971.

Jimenez de Wagenheim's concern about the preservation of Latino history led her to found the New Jersey Hispanic Research and Information Center. The ground she covered, which included an oral history class at Rutgers, is pretty much the origin of what is now the traveling exhibit: Newark '74: Remembering the Puerto Rican Riots - An Unexamined History.

"No one had done anything,'' said Jimenez de Wagenheim, who is now retired. "I trained Yesenia, so she continues it now.''

Lopez picked up the torch when Bloomfield College students put together an exhibit two years ago to observe the 40th anniversary of the riots. She and Elizabeth Parker, an associate archivist at the Newark Library, expanded the exhibit with additional information.

"This is somebody's dissertation waiting to happen,'' Lopez said.

Despite three exhibits since 1974, Lopez said history on the subject is still in danger of being lost and forgotten.

"Our hope is that researchers find an interest to do the research,'' Lopez said.

Meanwhile, she continues to seek another place for the exhibit to be displayed.

This beats being a police officer or a nurse any day for Lopez. Getting her fingers dusty in old files turned out to be the best way to make a difference in her community.

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

Record-breaking N.J. astronaut Scott Kelly returning from space today

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Scott Kelly will start his departure from the International Space Station at 4:15 p.m. Tuesday. He will land in Kazakhstan at 11:27 p.m. EST Watch video

New Jersey native Scott Kelly has seen the sun rise and set more than 5,400 times as he lived in the Earth's orbit over the past year, circling the blue planet every 90 minutes. 

On Tuesday, Kelly will close the door on the International Space Station, marking the end of his record-breaking stint in space -- a milestone mission that scientists say has brought mankind closer to manning a mission to Mars.

Kelly will start his return to Earth at 4:15 p.m. with Russian cosmonaut Mikhail Kornienko, who's spent the last 340 days in space alongside the West Orange-born astronaut.

The Russian Soyuz spacecraft carrying the space travelers is scheduled to depart the ISS at 8:05 and land in Kazakhstan at 11:27 p.m. EST. 

Kelly will make his way back to the United States the following day. 

The return of the record-breaking astronaut in Houston, Texas, will be broadcasted live by NASA at about 11:45 p.m. Wednesday according to current plans, the agency said.

The New Jersey space traveler will be welcomed by his identical twin Mark Kelly, a former astronaut who NASA scientists have been conducting genetic studies on to try to explain the subtle effects space can have on a human over an extended period of time. 

It's been almost a year since New Jersey native has felt the force of Earth's gravity and it may take a bit for the astronaut to readjust to returning to life back on the surface, including walking, eating, sleeping and even showering. 

Gallery preview 

Over the past year, Kelly broke the record for time spent in space by any American; he conducted his first spacewalk, becoming the 33rd astronaut to walk outside the ISS, and he shared hundreds of images, updating the world on his daily adventures.

He grew the first flower in space and harvest the first crop of edible vegetables, a crucial milestone in manning a mission to Mars -- an expedition Kelly says he hopes he can be a part of. 

On Wednesday, PBS will air a series, "A Year in Space," that will detail Kelly's experience of being weightless for 340 days straight and what he had to do to prepare. It also promises to discuss the impact Kelly's mission has on future space travel and the eventual expedition to Mars. 

The astronaut handed off the command of the ISS to NASA astronaut Tim Kopra Monday afternoon during a Change of Command ceremony. Kopra will officially take over once the spacecraft carrying Kelly and Russian cosmonauts Kornienko and Sergey Volkov departs. 

Volkov joined the crew at the space station on Sept. 4, 2015.

NASA will hold a Reddit AMA Friday morning with scientists and doctors from the Johnson Space Center to answer questions on how gravity affects the human body. The AMA will kick off at 11 a.m. 

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

 

Arrest in fatal hit-and-run of West New York girl, official says

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The driver of a black SUV was taken into custody overnight in Newark, according to an official with knowledge of the case Watch video

UPDATE: Newark couple arrested in West New York hit-and-run


WEST NEW YORK -- The suspected driver of an SUV that struck and killed a 7-year-old girl as she crossed the street on the way to school Monday morning was arrested overnight, according to an official with knowledge of the situation.

"They got the guy," said the official, who asked not to be identified because he had not been authorized to make the announcement.

The official said the driver was taken into custody in Newark sometime before 1 a.m. by the West New York Police, which had been investigating the case with the Hudson County Sheriff's Office. The official did not identify the driver.

Authorities are expected to announce the arrest later on Tuesday.

Authorities said Sheyla Pichardo was struck and killed Monday morning by the driver of the SUV as she and her mother crossed VanBuren Place at 61st Street on their way to School No. 1, where Sheyla was in first grade.

Her mother, Yeime Vital, 32, was also struck by the SUV, and was taken to Palisades Medical Center for treatment of unspecified injuries. 

Authorities had said the driver, described Monday as a white male, possibly Latino, in his 30s, sped away from the scene.

Parents, children and others gathered Monday afternoon around the intersection, where a makeshift memorial of votive candles and plush toys had been set up.

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

 

Judge: Charges stand against teacher in sex assault of 6 students

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Nicole Dufault, 36, of Caldwell, has sought to dismiss her indictment over her claims about prosecutors improperly presenting her case to the grand jury

NEWARK -- For the second time in slightly more than two months, a Superior Court judge has rejected a bid by a Maplewood teacher to dismiss charges she sexually assaulted six male students.

Superior Court Judge Michael L. Ravin on Monday denied a motion from Nicole Dufault to reconsider his Dec. 18 ruling that denied her motion to dismiss the 40-count indictment issued against her by a grand jury more than a year ago.

Dufault's attorney, Timothy Smith, has argued the charges should be thrown out, because of a roughly two-month gap between when prosecutors provided in-depth legal instructions to the grand jurors on Dec. 3, 2014 and when they presented the facts about Dufault's case to them on Feb. 4, 2015.

Essex County Assistant Prosecutor Gina Iosim, who is handling the case, has 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.

Asking Ravin to take another look at the matter, Smith has cited a 2010 decision by a state appellate panel to dismiss an indictment. That decision criticized a similar gap between legal instructions and the presentation of a case to a grand jury.

Saying the decision requires Dufault's charges to be dismissed, Smith has focused on this line from the decision: "The average grand juror could not possibly be expected to recall and apply the elements of any crime, including criminal sexual contact, after such a hiatus."

Newark judge denies motion in teacher's sex caseSuperior Court Judge Michael L. Ravin denies a motion from defenseTimothy Smith to reconsider an earlier ruling in the Nicole Dufault case. Dufault, 36, of Caldwell, is charged with sexually assaulting six male students at Columbia High School. Newark, NJ 2/29/16 (Robert Sciarrino | NJ Advance Media for NJ.com)  

But Ravin rejected Smith's argument, because the judge said the appellate ruling was not based on that time lapse alone. The appellate panel also found the legal instructions initially provided were "misleading," in part because the prosecutor in that case referenced the incorrect legal statute.

The appellate decision states, "The misleading effect of this charge was compounded by the passage of more than two months before the prosecutor presented this case."

In his written decision to deny the motion, Ravin determined the panel's findings about those "misleading" instructions represented "the key difference" between that case and Dufault's case. Unlike the prosecutor in the other case, the prosecutor in Dufault's case "read the applicable statute at the grand jury presentation," Ravin wrote.

"It was this misleading charge that was then 'compounded' by the time lapse, which the Triestman court considered together in deciding to reverse the trial court's denial of the defendant's motion to dismiss indictment," Ravin wrote, referring to the appellate decision.

"Because the time lapse alone was not the basis for the Triestman court's decision, the Court does not find this case to be controlling law on the issue at hand," the judge added.

The judge said during a brief hearing on Monday that he issued a written decision denying the motion.

In his decision, the judge accepted the arguments made by Iosim to reject the motion, because of the differences between the Triestman case and Dufault's case.

Among those differences, Iosim noted in a Jan. 21 brief: "There were no errors in the law initially given to the Grand Jurors and all statutory provisions were discussed in depth and with proper references. This court has already held that the State did not give an incorrect or misleading instructions at the orientation or at the presentation of the case itself."

A language arts teacher at Columbia High School, Dufault, 36, of Caldwell, is charged with aggravated sexual assault and endangering the welfare of a child for allegedly 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 asserted 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.

Following Monday's hearing, Smith said outside the courtroom that he was considering appealing Ravin's latest ruling to the Appellate Division, saying "the Triestman decision is controlling and requires an outright dismissal of all charges contained within the indictment."

Smith argued the appellate decision stands for the "inexorable proposition" that such a gap between the legal instructions and the grand jury presentation is "an uncontroverted basis for dismissal."

"It defies logic in our mind that the Triestman decision was not construed today as a basis for dismissal of the indictment," Smith said.

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

He survived penile cancer and a rare surgery with dark humor

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A 76-year-old West Orange man has chosen to go public about his penile cancer and surgery, intent on getting men to be more vigilant about their health.

John Sweeney is one of just 1,800 men nationwide diagnosed last year with cancer of the penis.

And he's surely one of the few to talk about it openly.

"Thank God I got rid of my embarrassment. I stood up like a man and I went to the hospital," says Sweeney, 76, of West Orange. "I was macho - but I'm not macho no more."

Sweeney's penis was surgically removed last August - the only way to prevent the cancer from killing him, doctors said. Reeling from that loss, he said he decided to embrace his new his role and is now telling his story as a cautionary tale.

"It's probably become the most famous procedure ever done at Saint Barnabas," said the doctor Sweeney first consulted.

Penile cancer is uncommon - but not freakishly rare. There were an estimated 1,820 new cases of penile cancer diagnosed last year, as well as 310 deaths from it, according to the American Cancer Society. Cases are on the rise, with more than 2,030 expected this year - a 12 percent jump.

Risk factors include being uncircumcised, as well as having a human papilloma virus (HPV) infection that doesn't go away. Risk increases with age; the average age at diagnosis is 68.

Sweeney, who was uncircumcised, first noticed a burning sensation when he needed to urinate. When he took a closer look, he was shocked to see a weird laceration on the tip of his penis. He assumed it was an injury from a recent fall.

"He called me one day and said, 'I fell and split my penis, '" said Gina Verderosa, his god-daughter and family friend who drives him to medical appointments. "I said, 'What? That doesn't make sense." She insisted he see a doctor, so he mentioned it during an already scheduled appointment with his long-time podiatrist.

"He came into the hospital for my care, for his foot," recalled Charles M. Kurtzer, the doctor who treats Sweeney for the effects of diabetes. "And then he said, 'Hey doc, can you take a look at my penis?'"

After examining it, Kurtzer sent him to a urologist. A second urologist did the surgery, called a penectomy. Sweeney was hugely relieved they were able to leave him with a short stump with which to urinate.

He's had to figure out how to do that without making a mess, finding it awkward to contort himself into a position that works. "I'm Sweeney - not Houdini!," he quips.

That's typical of this retired housepainter and wallpaper hanger. His relentless need to find some dark humor in his situation - as well as his decision to be completely open about his surgery - has helped him cope.

Kurtzer said the diagnosis sent Sweeney into a tailspin - until he learned just how rare his situation was.

"And suddenly, this became his case. This was now something that was his. There's this notion that, 'I'm special,' " he said. "His attitude became, 'Look at me!'

So Sweeney has sought to publicize the disease, and would love to tour the country giving talks for a cancer organization of some kind.

"I want every man in the country to go see their doctors," he says. "If I can save some people, I'll be the happiest man on the planet."

Men often postpone seeking care when it comes to their penises, said Richard Greenberg, chief of urologic oncology at Fox Chase Cancer Center in Philadelphia and a penile cancer researcher.

"They know in their heart of hearts there's a problem, but they've put it off," he said. "Sometimes it's the spouse who brings them in, kicking and screaming." (Sweeney's wife died a year ago, before his diagnosis.)

When asked if an examination of the penis is part of a man's annual physical, Greenberg said, "It should be. But I'm guessing it's not."

Surgery is usually the preferred treatment, he said, but it needn't be as drastic as Sweeney's. Smaller lesions can be cauterized, and those limited to the surface can be removed and reconstructive surgery can restore the appearance.

Penile cancer is like most others: once it moves into the lymphatic system and heads for distant parts of the body, the prognosis worsens.

For cancers caught while still confined to the penis, as Sweeney's was, the survival rate five years later is 85 percent. If it has spread to the lymph nodes or nearby tissue, that drops to 59 percent. It if has spread further, the survival rate is 11 percent.

Chemotherapy isn't very effective on most cases of this cancer, Greenberg said, and radiation can be counter-productive. "Radiation sort of destroys the penis, so you're not left with anything functional anyway," he said.

Most patients adjust to the surgery because they have little choice, Greenberg said. And in Sweeney's case, surgery spared his testicles, which was a relief.

Verderosa, the family friend who has taken Sweeney under her wing, says she urges him to take it one day at a time. "Whenever he says, 'Oh, my penis is gone,' I say, 'You're alive.'"

 Kathleen O'Brien may be reached at kobrien@njadvancemedia.com. Follow her on Twitter @OBrienLedger. Find NJ.com on Facebook.

Do Newark teachers 'like' their Facebook-funded contract?

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Newly released data shows many city teachers are no fans of the contract's changes to their evaluations and pay scale

NEWARK -- More than three years after Mark Zuckerberg's $100 million gift paved the way for a historic new contract that offered performance-based incentives to Newark teachers is meeting with mixed reviews.

According to newly released data by a Washington D.C. think tank, most teachers agree the bonuses should be available, but fewer than 30 percent say the concept is working well as practiced by the district.

The reforms fared better among school administrators, with 53 percent of those surveyed saying they believed the system to be fair.

Ratified by the district and Newark Teachers Union in 2012, the contract was hailed as one of the key cogs in the comprehensive overhaul of Newark's floundering education system touted by Facebook founder Mark Zuckerberg and a slew of matching donors. The deal included a provision for the $1 million, three-year study by American Institutes of Research to examine both its implementation and impact, also funded through the donations.

Eleanor Fulbeck, a senior AIR researcher who worked on the study, said she found most teachers with a less than favorable view of the new evaluation and compensation system were those who reported a less than complete understanding of its functions.

Baraka, Cerf announce $12.5M plan to rescue needy Newark schools

She characterized that as somewhat predictable given that only about 37 percent of teachers who participated in the study reported being covered under the performance-based scale. Approximately 44 percent said they had opted to remain on the traditional scale, while another 19 percent said they were unclear which they were covered by.

"People who are more amenable to it anyway are probably seeking that info out," Fulbeck said. "In some ways its not surprising that some might not know about this."

The voluntary survey was conducted during May and June of 2015, and 65 percent of both teachers and school leaders participated. About 37 percent of respondents

In a statement, Superintendent Chris Cerf hailed the study's early returns as validation that the district was moving closer to its ultimate goal -- to raise the quality of instruction for its roughly 35,000 students.


"We think these findings show promising progress, reinforcing what we already know - that we are retaining our best teachers," he said.

Fulbeck cautioned that the data indicated only that more teachers were being found to be effective since 2012, meaning across-the-board increases in effectiveness could not be directly credited to the contract.

"One interpretation is there is more effective teachers in the district, and that's why you're seeing an increase," she said. "Another possibility is that evaluators over time have gotten a little more lenient."

Whether the new strategies have brought results to the city's classrooms also remains an open question. AIR's study will run through September 2017, and Fulbeck said data gathered thus far would still need to be compared to districts with a similar socioeconomic makeup.

Academic progress in the district has been slow, as indicated by recent PARCC test results that put it among the worst performers in the state.

Teachers also returned mixed reviews for other elements of the deal, such as extended school days and other interventions for consistently low-performing schools. Of teacher who took part in the programs, 51 percent said they found they found them useful "to a moderate or large extent."

Newark Teachers Union President John Abeigon said he had yet to examine the data offered by AIR, but that he felt many teachers had yet to gain a complete understanding of the newly introduced system.

"There's maybe a little disconnect on the part of some members who don't understand it," Abeigon said.

He added that that he and many others still have complaints about portions of the contract, such as its requirement that teachers who obtain advanced degrees are only eligible for increased pay if they receive them from institutions pre-approved by the district. As of Monday, the only school on that list is the Relay Graduate School for Education, an New York City-based university with ties to prominent charter school networks.

The NTU's current contract expired in July 2015, and negotiations for a new deal have yet to begin. When the parties return the table, however, Abeigon declined to commit to performance-based provisions long-term.

"If this leadership continues on this course, we will not have that in the next contract," he said.

Correction: An earlier version of this article incorrectly characterized Relay Graduate School for Education as an online-only university.

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


Man tried to toss heroin during stop, Newark cops say

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Nearly 100 envelopes of heroin recovered, police said

NEWARK -- A 46-year-old Parlin man was arrested Friday on drug possession and other charges, Acting Public Safety Director Anthony Ambrose said in a statement.

Officers Mabelt Correa and Placido Braithwaite were patrolling near Avon Avenue and Irvine Turner Boulevard when they saw the driver of a black Honda commit a traffic violation. When police activated their lights and siren, Ehab F. Mohammed threw several items from the car, authorities said.

Correa retrieved the items, 98 glassine envelopes of heroin, as Braithwaite spoke to Mohammed, authorities also said.  Mohammed was arrested and charged with several narcotics offenses.

Anyone with information about this or any other incident is asked to call the department's 24-hour anonymous tip line, 877 NWK-TIPS (877 695-8477) or NWK-GUNS (877 695-4867).  All Crime Stopper tips are kept confidential.

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

 

 

 

Two arrested in Newark drug bust

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Two men are facing multiple drug-related charges after detectives with the Essex County Sheriff's Office on Monday observed them participating in an apparent drug deal, officials said.

Saoul MontalvoSaoul Montalvo (Essex County Corrections)

NEWARK -- Two men are facing multiple drug-related charges after detectives with the Essex County Sheriff's Office on Monday observed them participating in an apparent drug deal, officials said.

Antonio Brown, 22, of Elizabeth, and Saoul "Tall Dog" Montalvo, 40, were allegedly seen exchanging cash for narcotics by plainclothes officers near the intersection of North 7th Street and 7th Avenue, said Sheriff Armando Fontoura. 

Detectives later discovered Montalvo with a bag containing over five grams of crack cocaine, Fontoura said.

A subsequent search of Montalvo's apartment turned up a 45-caleber handgun, 17 grams of 'crack' cocaine and various other quantities of heroin and marijuana, Fontoura said.

Both Brown ad Montalvo were placed under arrest. Montalvo was later transferred into custody at the Essex County Correctional Facility.

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

5 displaced Newark families cleaning out after 4-alarm fire (PHOTOS)

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Residents were temporarily moved after the Sunday night blaze.

NEWARK -- Five families are living in temporary lodging while cleaning out their scorched homes.

The Red Cross provided emergency assistance to 18 people who lived in three West Runyon Street homes destroyed by a four-alarm fire Sunday night, spokeswoman Diane Concannon confirmed. Three Red Cross volunteers responded to the scene of the fire at about 8:40 p.m. to assist the families, she said.

Monday morning, Robert and Willean Bogar were cleaning out their home and accepting donations from an area congregation.

Willean had just returned home from picking up Chinese food Sunday night when the couple heard a pop and the power went off, they said Monday. They then opened the kitchen door and were hit with smoke and the smell of fire, they said.

According to Newark Public Safety Director Anthony Ambrose, the fire does not appear to be suspicious in nature, but investigators are still working to determine its origin.

Capt. Derek Glenn of the Newark Department of Public Safety said Sunday that one firefighter was injured during the response to the fire, but was treated on scene.

A man walking by helped rescue two elderly people in one of the homes, Glenn said. All occupants made it out safely, authorities said.

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

Newark couple arrested in West New York hit-and-run

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Authorities said the suspect was arrested in Newark by West New York Police shortly after Midnight Watch video

WEST NEW YORK -- A Newark couple was arrested overnight in the death of a 7-year-old girl killed in a hit-and-run accident Monday morning as she was walking to school, authorities confirmed Tuesday.

Fabian Rodriguez, 33, and Joanna Rosas-Alvarez, 26, were arrested together by officers from the Hudson County Sheriff's Office, working in conjunction with the Hudson County Prosecutor's Office and the West New York Police Department, Assistant Prosecutor Leo Hernandez said Tuesday.

Tears for girl killed in hit-and-run

Rodriguez was charged with leaving the scene of an accident resulting in a fatality, knowingly leaving the scene of an accident that caused bodily harm, and hindering apprehension, Hernandez said.

Rosas-Alvarez was charged with hindering apprehension, he said.

Only Rodriguez was in the SUV at the time of the strike, authorities said at a press conference about the arrests Tuesday afternoon. 


Sheyla Pichardo was struck and killed Monday morning by a black Chevy Tahoe that belongs to Rosas-Alvarez, authorities said. Pichardo was hit as she and her mother crossed VanBuren Place at 61st Street on their way to School No. 1, where Sheyla was in first grade.

Her mother, Yeime Vital, 32, was also struck by the SUV, and was taken to Palisades Medical Center for treatment of unspecified injuries. She remains in the hospital, authorities said at the conference.

Sheyla's father, Javier Pichardo, made brief comments at the conference, speaking in Spanish as he held back tears. Through a translated comment, he thanked law enforcement for apprehending the alleged driver.

"I'm heartbroken," he choked out, breaking into tears and stepping down from the podium.
 

Authorities said both Rodriguez is an unauthorized immigrant from Ecuador.

At about 9 p.m. Monday night, authorities said Rodriguez and Rosas-Alvarez reported the SUV as stolen to police in what officials believe was an attempt to divert suspicion. 

Surveillance video in the area of the crash indicates that Rodriguez stopped briefly after hitting Pichardo and her mother, got out of the car, and then reentered it and sped off, officials said.

Parents, children and others gathered Monday afternoon around the intersection, where a makeshift memorial of votive candles and plush toys had been set up.

While speaking at Tuesday's press conference, Mayor Felix Roque called Monday a "sad and terrible day for West New York."

"One of our little angels went up to Heaven."


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

State lifts drought watch for 12 counties after soggy, snowy winter

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Water concerns disappear after repeated rain and snow events pull reservoirs back to normal. Watch video

A drought watch that has been in effect since September in 12 New Jersey counties was lifted today as regular snow and rain events eliminated significant precipitation shortfalls after a dry summer.  

The state Department of Environmental Protection lifted the drought watch after reservoir, ground water, streamflow and precipitation levels returned to normal this winter after fears that the state was on the cusp of its first drought in more than a decade.   

"The rainfall and snowfall have been steady and gradual, it's not like the floodgates opened up," said Larry Hajna, a spokesman for the DEP. "This is a good way of pulling out of a drought watch situation."  

The counties affected are Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset and Union. No portion of the state remains under a drought watch. 

Hajna said the DEP still encourages state residents to conserve water wherever possible, but the lifting of the drought watch indicates there is no imminent danger of water shortages as the state heads toward the spring and summer.

The state issued the watch in September, weeks after an NJ Advance Media investigation showed it had been publishing faulty rainfall data. 

Stephen Stirling may be reached at sstirling@njadvancemedia.com. Follow him on Twitter @sstirling. Find him on Facebook.
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