Neil Gross, 47, of Livingston, was sentenced Friday

The case against Neil Gross will be handled in the Morris County Courthouse. (Robert Sciarrino | NJ Advance Media for NJ.com)

MOUNT OLIVE -- A now-disbarred attorney was sentenced to three years in prison for stealing from his client during a real estate closing in Mount Olive in 2013, authorities said.

Neil Gross, 47, of Livingston, was sentenced to three concurrent three-year sentences for theft, unauthorized practice of law and writing bad checks, Morris County Prosecutor Fredric M. Knapp said in a news release.

Gross, a former partner in the Mount Olive law firm of Ward & Gross, was suspended from practicing law in Oct. 2012 and later disbarred in Oct. 2014 for a series of professional conduct violations, Knapp previously said.

Gross, while suspended from practicing law, held $150,000 in a trust account as part of the closing on a property in 2013, but he didn't distribute those funds to the property seller. Instead, he diverted the funds to a personal account while forging the name of another attorney, Knapp has said.

As reported by the Daily Record, Gross used more than $123,000 of those funds for personal expenses.

Gross told the judge during his sentencing he used the stolen money to pay for child support, but the judge told him that only accounted for about $20,000 of the stolen funds, the newspaper reported.

The prosecutor's office received a referral of this incident from the New Jersey Lawyers' Fund for Client Protection in July 2015. Charges were later filed against Gross last October.

Justin Zaremba may be reached at jzaremba@njadvancemedia.com. Follow him on Twitter @JustinZarembaNJ. Find NJ.com on Facebook.

Prosecutors say she charged thousands of dollars for fraudulent or non-existent temporary work visas.

NEWARK -- Federal prosecutors Friday charged a New York woman in an alleged visa fraud scheme in which she sought money from individuals wanting to get into the United States for fraudulent or non-existent work visas.

Raina Massey, 51, of Elmont, N.Y., was charged with two counts of wire fraud, one count of visa fraud and one count of aggravated identity theft, according to a criminal complaint unsealed Thursday. 

According to the complaint, Massey ran Care Worldwide in Newark which purported to be a clinical research firm but was a shell company that did "little to no legitimate work of any kind."  

The complaint identifies four victims, two from the Philippines and two from Bangladesh. 

According to the complaint, Massey in some cases fraudulently filled out visa applications for workers with specialized skills. The H1B visas allow individuals working in "specialty occupations" to stay in the United States for a limited period. 

When those individuals arrived, they were given menial jobs, such as handing out flyers on street corners, it says.

In others cases, Massey gave applicants fraudulent forms saying the H1B application had been approved.

For some victims, the complaint says, Massey demanded payment and provided no documentation. 

Massey allegedly charged $7,500 to $15,000 for an H1B application and $15,000 for a green card, which establishes legal permanent residency in the United States, it said.

The complaint says Massey and others carried out the scheme from February 2012 through March of 2015. 

Each wire fraud count carries a maximum penalty of 20 years in prison; the visa fraud count carries a maximum penalty of 10 years in prison and the aggravated identity they count carries a maximum of two years in prison after all other sentences are carried out. Each count also carries fines of up to $250,000.

U.S. Attorney Paul J. Fishman credited agents from his office and the U.S. Department of State in the investigation. 

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

Nineteen New Jersey skaters competed at the 2016 U.S. Synchronized Skating Championship with the Skyliners team in Kalamazoo, Mich., from Feb. 25 to 27, and four of them were crowned national champions.

ESSEX COUNTY -- Nineteen New Jersey skaters competed at the 2016 U.S. Synchronized Skating Championship with the Skyliners team in Kalamazoo, Mich., from Feb. 25 to 27, and four of them were crowned national champions.

Madeline Winter of Basking Ridge, Alexandra Miller of Livingston and Mackenzie Robertson of Ringwood competed on the Skyliners Intermediate team that took home the gold medal. Sharon Bikvan of Livingston, won the gold medal on the Skyliners Juvenile team.

Katie Lam of Edison, Emily Kirillov of Fair Lawn, Julia Damesek of Short Hills, Audrey Laude of Short Hills, Alexandra Perez of Gladstone, Rachel Oberman of Warren and Michaela Kaminsky of Whippany all won the silver medal on the junior team.

Kate Laufenberg of Denville, Dana Manson of Denville, Ellen Ren of Morris Plains and Grace Fanning of Scotch Plains all won the bronze medal on the senior team.

Jessica Hu of Florham Park, Abigail Bikvan of Livingston, Shirley Zhu of Livingston and Ethne Laude of Short Hills all placed 6th on the novice team.

The Greenwich, Conn.-based Skyliners Synchronized Skating Team has 190 skaters ranging in age from 5 to 26.

To learn more about the Skyliners, visit skylinerssynchro.com.

To submit an achievement, please send an email to essex@starledger.com.

Mike Romano may be reached at mromano@starledger.com. Follow him on Twitter @mromano26. Find The Star-Ledger on Facebook.

The state's largest city is home to the state's oldest St. Patrick's Day Parade

NEWARK -- The state's largest city put on the green  Friday, hosting its 81st annual St. Patrick's Day Parade that included a commemoration of one of the most significant events in modern Irish history, the centennial of the 1916 Easter Rising

The state's oldest St. Patrick's Day parade was led by Grand Marshal John J. Farmer, special counsel to the president of the Newark campus of Rutgers Law School,  where he is also a professor and the Justice Alan B. Handler Scholar. The deputy grand marshal was Barbara Lyons, board member of the Irish American Cultural Institute.  

The parade route took marchers from the Prudential Center on Mulberry Street and through downtown Newark, past the New Jersey Performing Arts Center, the Gateway Center and Military Park before ending at St. Patrick's Pro-Cathedral and the Newark Museum. 

"We are honored to have John Farmer and Barbara Lyons lead the Newark St. Patrick's Day Parade in its 81st year as both have distinguished themselves within their professions and respective communities," said Michael D. Byrne, general chairman, St. Patrick's Day Parade Committee, Inc., said in a prepared statement before the parade.

A 23-year-old Newark man was arrested in Guttenberg today and charged with multiple drug offenses related to suspected heroin, cocaine and marijuana.

JERSEY CITY -- A 23-year-old Newark man was arrested in Guttenberg today and charged with multiple drug offenses when police found heroin, cocaine and marijuana in his car, authorities said.

Zardiel R. Vargas-Soto, of the 400 block of Irvine Turner Boulevard, is charged with possession of more than a half ounce of heroin, nine vials of crack cocaine and five bags of marijuana, the criminal complaint says.

He is also charged with possession with intent to distribute each within 1,000 feet of the a school, the complaint says.

When Vargas-Soto made his first court appearance on the charges in Jersey City this afternoon, Hudson County Assistant Prosecutor Peter Stoma said Vargas-Soto told police officers at the scene that he "did not know about the narcotics in the car."

Vargas-Soto's bail was set at $100,000 cash or bond when he appeared in Central Judicial Processing court in Jersey City this afternoon.  

The N.J. Sierra Club argues that what the federal government has proposed is not a lasting solution to cleaning the pollution in the river. Watch video

By Jeff Tittel

Since the 1960s, we have seen toxins in the Passaic River impact the people of Newark and communities living along the River. Facilities that manufactured pesticides, weed killers, including Agent Orange, have poisoned the river and threatened public health.

Agent Orange, the defoliant used during the Vietnam War, contains large quantities of dioxin, which is one of the deadliest substances known to man. For 30 years, we have been waiting for the Environmental Protection Agency to put forward a comprehensive clean-up that restores the Passaic River.

New Jersey won the lawsuit against polluters, stating they have to clean-it up the contamination, but now that EPA has stepped in they don't have to. EPA's plan is only a Band-Aid that will not work.

The Diamond Alkaid Superfund Site has been entombed and forbidden from use for hundreds of years and now we are doing the same thing to the Passaic River. They have proposed the largest and longest cap on a tidal river that is an unproven technology.

Their plan is to the cap sediment containing dioxins, PCBs, mercury and other toxins. However, this violates EPA's protocols for removing sediments and will not cause a significant drop in dioxin. Engineers and scientists believe caps do not work on land -- let alone capping a tidal river. When the Passaic floods, it will erode and cause the cap to fail washing toxic sediments into the river.

When you look at the Hudson River clean-up, originally less than 10 percent was supposed to be capped in areas between banks and rocks that could not be dredged easily. Under Judith Enck, the EPA Region 2 Administrator, the EPA raised the cap from 10 percent to 24 percent and New York state opposed it. This saved General Electric millions. EPA also decided to cap the Superfund site in Ringwood to let Ford off the hook under Enck and recently they found additional toxins in the groundwater.

With climate change, we will see sea level rise and more severe flooding. A small part of the cap on the Hudson River may have survived its first 100-year storm, but it is expected that we will see 100-year storms every few years. Given the increase of flooding, how will these caps survive years after they are built? 

EDITORIAL: Time for the EPA to play hardball with Passaic River cleanup

The Hudson is not even comparable to the Passaic because it is not a tidal river and it is larger. This cap was small and new. While in New Jersey, the cap will not work because it is 100 percent of EPA's 8-mile clean-up. With this plan, the EPA is sweeping these toxins chemicals under the rug, but the problem is that rugs float away.

The EPA calls for capping because it is cheaper, not because it was right. This plan even leaves out the nine other miles of the Superfund Site. Out of the 8.3 miles they are capping, they are only dredging 2 to 5 feet when they should be going at least 12 to 30 feet. Capping will actually be costlier in the long run because this cap will fail just like it did at mile 10.9 in Lyndhurst.

When they put the capped toxins there, a month later they had to go back and fix it. The cap on Lake Onondaga in Central New York has also failed three times. Unfortunately, the same Army Corps of Engineers will build this cap, while most of their flood projects have failed.

What the EPA did was for political expedience, not based on sound science. The responsible parties will attack this plan because it will not work, which could prolong implementation for at least another five years. Meanwhile if there was a real plan in place, the polluters wouldn't have any excuse. Exxon, Occidental, and DuPont have deep pockets and are responsible for this pollution. EPA should force them to clean-up the mess they made.

People and communities living around the Passaic River deserve a full clean-up. By removing all of the toxic sediments in the 17-mile stretch, the ecosystem would start coming back. We would also be able to help future generations of people living along the river.

Jeff Tittel is director of the New Jersey Sierra Club.

The EPA announces a major clean up of the Passaic River at an event at Riverfront Park in Newark, NJ, on Friday, April 11, 2014. (Frances Micklow | The Star-Ledger) 

Mark Caldwell is serving a life sentence for killing Kerlissa Romeo during a 2005 robbery in East Orange

Mark CaldwellNew Jersey Department of Corrections 

NEWARK -- A state appellate panel on Friday upheld the conviction of a man who fatally shot a woman in the head after forcing her and her husband to the ground during a 2005 robbery and declaring, "Somebody's going to die tonight," court document state.

The appeals court rejected the claim from Mark Caldwell, 33, formerly of East Orange, that he received ineffective legal assistance by being denied the right to testify at his 2008 trial in connection with the killing of 22-year-old Kerlissa Romeo.

Caldwell was convicted by a jury of felony murder, aggravated manslaughter, and robbery and weapons offenses. Caldwell was later sentenced to life in prison, which equates to 75 years. He will be eligible for parole in August 2069.

The incident occurred around midnight on Nov. 9, 2005 in East Orange when Romeo was heading home from her hospital job and met up with her husband at a train station, authorities said.

After the couple had stopped at a store to buy ice cream and candy bars, Romeo and her husband were within a block of their home when Caldwell crossed the street, pulled out a handgun and forced them to face down onto the sidewalk, authorities said.

Caldwell's accomplice, Zakiyah Jones, crossed the street, searched the couple's pockets, and stole a small amount of cash, authorities said. Caldwell said, "Somebody's going to die tonight," and shot Romeo in the head, according to the appellate decision.

Caldwell and Jones were arrested a few minutes later a short distance away, authorities said. At Caldwell's trial, Jones testified she saw him shoot Romeo and another witness testified she saw Caldwell at the scene after hearing the gun shot, court documents state.

In his petition for post-conviction relief, Caldwell "asserted he had a 'deep desire to testify at trial and profess [his] innocence' but did not do so because his counsel explained it was unnecessary since he 'would win the trial anyway,' and because counsel 'fail[ed] to properly and adequately prepare [him] for such testimony,'" according to the appellate decision.

Caldwell said his attorney repeatedly tried to talk him out of testifying and admitted he wasn't prepared for Caldwell testifying, the decision states. "He felt he did not have any choice but to do what counsel told him to do and refrain from testifying at trial," the decision states.

By taking the witness stand, Caldwell claimed he could have undermined the testimony of Jones and the witness, the decision states.

But then-Superior Court Judge Joseph C. Cassini, III in 2013 denied the petition after reviewing the record of the trial proceedings and finding that Caldwell was "clearly advised of his rights regarding the decision to testify or not," the decision states.

During those proceedings, Caldwell said he was satisfied with his attorney's answers to questions about Caldwell testifying and that Caldwell decided not to testify, the decision states.

Cassini "concluded defendant was not prevented from testifying," the decision states. Given the evidence of Caldwell's guilt and the lack of detail he provided about what evidence he would have introduced when testifying, Cassini found the outcome of the trial likely would not have been different if Caldwell testified, the decision states.

The appellate panel affirmed Cassini's decision.

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

Health experts weigh in on what elevated lead levels in Newark schools' water mean for residents.

NEWARK -- Though the amounts of lead found in the drinking water at 30 Newark public school buildings are concerning, the likelihood that they could cause serious damage to Newark kids is small, health experts said this week.

"It's not time to panic," Dr. Steven Marcus, Director of the Lead Poisoning Program at University Hospital and Assistant Professor at Rutgers New Jersey Medical School, said Thursday after assessing the lead levels reported Wednesday by the Department of Environmental Protection.

"Compared to other risks like lead paint, (the amount of lead in the water) is much less likely to expose children to lead poisoning," he said.

According to Marcus, a one-centimeter paint chip containing lead paint poses "far worse exposure" to lead - about double the highest level recorded in Newark schools' water.

MAP: Which schools have elevated lead levels?

Since turning off school water fountains Wednesday, students have been drinking bottled water, much of which was donated by area businesses and residents.

Experts said this week that the district was taking the proper protocol by cutting off the drinking water supply, and conducting additional testing.

Jose Lopez, a Seton Hall associate professor of physics who grew up in Newark, said he was "not surprised" to learn of the lead levels, given the age of some of the school buildings in Newark. Officials have said that the contamination is not originating from the city's water supply, but likely from old infrastructure and piping in the building.

Both experts said lead poisoning risk comes only with long-term exposure to lead, fueling questions still unanswered about how long contamination has been present in the district's water.

"Lead is among one of the most toxic chemicals," said Yang Deng, an associate Earth & Environmental Studies professor at Montclair State University.

"Once we take it into our bodies it does not disappear...for kids, long-term exposure could have (negative) effects." But, the amount and duration of exposure, he said, could only be determined through additional testing, and a review of past testing.

School officials said Thursday they and the DEP are planning to conduct additional sampling at schools next week. The district also said it is assessing lead level data from past tests and reviewing it with the DEP. The results of those tests were not immediately available.

As testing continues, Lopez said the school will also be working to identify exactly which pipes are causing the elevated lead levels.

"The protocol now...is to find the source of the contamination and remediate it," he said.

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

Police have issued a warrant for the arrest of a 32-year-old Newark man wanted in connection with a February 5 shooting that left one man injured.

Rasheed E. Simmons (photo provided)

NEWARK -- Police have issued a warrant for the arrest of a 32-year-old Newark man wanted in connection with a February 5 shooting that left one man injured.

Investigators have developed evidence identifying Rasheed Simmons as the assailant in the shooting, said Newark Police Department spokesman Detective Hubert Henderson in a department release.

The shooting occurred outside a residence in the 200 block of Osborne Terrace, where according to police reports the victim sustained multiple gunshot wounds following an alleged altercation with Simmons.

http://www.nj.com/essex/index.ssf/2016/03/seeking_a_home_for_newark_schools_history.html

A warrant was issued for Simmons' arrest on February 23. His bail has been set at $100,000.

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

The arrests come in response to quality of life complaints by city residents, officials said.

(File photo)

NEWARK -- Ten men were arrested in Newark overnight as part of a crackdown on prostitution and quality of life crime in the city's North and South wards, police said Saturday.

The men, whose ages range from 23 to 62-years old, now face prostitution-related charges, officials said in a Newark Police Department release.

Another six people were taken into custody for loitering with intent to purchase narcotics, the release states.

The operations are a response to anonymous complaints from residents living in the area of Wainright Street in the South Ward and near the intersection of Broadway and Irving Street in the North Ward, officials said.

http://www.nj.com/essex/index.ssf/2016/03/newark_police_issue_warrant_for_man_wanted_in_febr.html

Additional details of the arrests were not immediately made available.

Police arrested a 33-year-old Newark woman Saturday after she allegedly stabbed another woman in the chest with a knife outside a local bar, officials say.

(file photo)

NEWARK -- Police arrested a 33-year-old city woman Saturday after she allegedly stabbed another woman in the chest with a knife outside a local bar, officials said.

According to police, Precious Nah was taken into custody shortly after midnight after officers responding to reports of a fight at bar in the 200 block of Washington Street found her being detained by the bar's security team.

Officers also found a woman, who was later identified as the victim, on the premises suffering an apparent non-life threatening knife wound, said Newark Police Department spokesman Capt. Derek Glenn.

http://www.nj.com/essex/index.ssf/2016/03/newark_police_issue_warrant_for_man_wanted_in_febr.html

The victim later told investigators she was leaving the bar when Nah allegedly stabbed her in the chest with a knife. The incident followed a verbal confrontation with Nah that occurred earlier in the evening, the victim told police.

The victim was later transported to University Hospital for treatment. 

Nah has been charged with aggravated assault and multiple weapons-related offenses, officials said.

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

Armed man climbed in through a window, police say.

Shaquan Price, 25 (Photo: Newark Police Department) 

Shaquan Price was charged with aggravated assault in the confrontation, police said in a statement.

Officers went to a home on 15th Avenue around 3 a.m. for a reported domestic violence incident in progress, police said.

Several people at the house said Price, an ex-boyfriend of a resident, climbed in through a window and was armed with a gun, according to police. He pointed the gun at the group, robbed them of their cell phones and fired a shot.

There were no injuries, police said. An investigation was ongoing.

Woman stabbed other woman, cops say

Authorities asked anyone with information to call the city's 24-hour Crime Stoppers' tip line at 877 NWK-TIPS (877 695-8477) or NWK-GUNS (877 695-4867). Crime Stopper tips are kept confidential, police said. 

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

Ibtihaj Muhammad, a U.S. Olympic fencer and Maplewood native, said a SXSW volunteer asked her to remove her religious head scarf while registering for the festival.

New Jersey native Ibtihaj Muhammad, a world champion fencer and soon-to-be U.S. Olympian, was asked to remove her religious head covering while posing for a photo I.D. Saturday at the South by Southwest tech festival in Austin, according to reports.

Muhammad, who is an observant Muslim, tweeted that a festival volunteer insisted she remove her hijab despite her attempts to explain its religious significance.

I was just asked to remove my hijab at SXSW Registration for my ID badge.. I can't make this stuff up #SXSW2016

-- Ibtihaj Muhammad (@IbtihajMuhammad) March 12, 2016

Muhammad, 30, was at the festival as a speaker, the New York Daily News reported. Following the incident, she tweeted that she was ultimately given the wrong photo I.D.

Thennnnn I was given the wrong ID! From now on my name is Tamir & I work for Time Warner Inc #SXSW2016 pic.twitter.com/TE3jJR16P6

-- Ibtihaj Muhammad (@IbtihajMuhammad) March 12, 2016

The Maplewood native and Duke University graduate will compete with the U.S. women's Olympic fencing team this summer in Rio de Janeiro. She's also set to become the first Muslim to represent the U.S. in international competition while wearing a religious head scarf.

In a statement released to the Chicago Tribune, a spokesman for the festival said the volunteer who asked Muhammad to remove her headscarf was removed from the festival.

"It is not our policy that a hijab or any religious head covering be removed in order to pick up a SXSW badge," festival organizers told the Tribune. "This was one volunteer who made an insensitive request and that person has been removed for the duration of the event. We are embarrassed by this and have apologized to Ibtihaj in person, and sincerely regret this incident."

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

Mayor, public safety director respond after man threatens to shoot, police say

NEWARK -- Police on Saturday night were attempting to negotiate with a gunman who was holed up in an apartment after a domestic violence incident, a department spokesman said.

The man threatened to shoot himself and anyone who tried to enter the residence on Mount Prospect Avenue, according to Detective Hubert Henderson.

Officers responded to the domestic incident and found that the man's girlfriend managed to escape the apartment, Henderson added.

Newark Mayor Ras Baraka and Public Safety Director Anthony Ambrose were at the scene, the spokesman said. 

The standoff was ongoing as of around 9 p.m.

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

Crystal Forde, 33, allegedly stole the money while working at Quten Research Institute in Fairfield

A Sparta woman has been charged with stealing more than $75,000 from her former workplace. (File photo)

FAIRFIELD - A Sparta woman has been charged with stealing more than $75,000 from her former employer, according to police.

Crystal Forde, 33, turned herself in to Fairfield police Thursday on charges of theft and altering computer data, Police Chief Anthony Manna said in a statement.

The charges stem from her tenure at Quten Research Insitutute where she allegedly carried fraudulent purchases and re-directed legitimate ones on behalf of the company in order to free the funds for her personal use.

She is also accused of deleting a company customer service account which she oversaw.

Quten officials discovered the missing money shortly after Forde left her position in January, according to Manna. He did not say exactly how much is believed to have been stolen, or what Forde allegedly used it for.

She was released on her own recognizance pending an appearance in Essex County Superior Court on March 23.

The unidentified man is in stable condition at a local hospital, according to city police

A man was hospitalized with a self-inflicted gunshot wound after a lengthy standoff with Newark police ended early Sunday morning. (Star-Ledger file photo)

NEWARK - A lengthy standoff outside a North Ward home ended early Sunday morning after a man turned a gun on himself, according to authorities.

Newark police spokesman Capt. Derek Glenn said officers rushed inside the Mount Pleasant Avenue residence after hearing the 39-year-old man shoot himself in the abdomen around 2:45 a.m.

He was quickly rushed to University Hospital, where he was in stable condition as of Sunday afternoon.

According to Glenn, the standoff began around 9 p.m. when police were called to the scene after the man had a heated argument with his girlfriend. The woman managed to escape the house, but the man refused to come outside, threatening to shoot himself and anyone who attempted to enter.

Gunman wanted in domestic violence case, Newark cops say

The couple had been experiencing "domestic problems" as of late, Glenn said.

Police seized two guns from inside the home, which have been turned over to investigators for analysis. The man has not been charged in the incident, according to Glenn, and is set to undergo a psychiatric evaluation before being released from the hospital.

Brinton Bissesar Singh is the city's 18th homicide victim of the year

NEWARK - A Newark man was killed during a shooting in the city's North Ward early Sunday morning.

Brinton Bissesar Singh, 55, was walking to work on the 400 block of Roseville Avenue shortly before 6 a.m. when the fatal shots rang out, Acting Essex County Prosecutor Carolyn A. Murray and Newark Public Safety Director Anthony Ambrose said in a joint statement.

No arrests have been made, and police have not disclosed information on any potential motive or suspects in the slaying.

An investigation by the prosecutor's office's Major Crimes and Homicide Task Force remains active.

The homicide is the first in Newark since Feb. 21, when a 32-year-old Irvington man was shot and killed in the West Ward. The city's total for the year stands at 18, according to an NJ Advance Media count.

Anyone with information is asked to call (877) TIPS-4EC or (877) 847-7432.

Judge Michael L. Ravin rejected Rodolfo Godinez's claims that his trial attorney poorly represented him Watch video

NEWARK -- Rodolfo Godinez stood beside his attorney, Roy Greenman, in 2010 in a Newark courtroom where he was convicted by a jury in the execution-style killings of three friends in a city schoolyard and later sentenced to 245 years in state prison.

Nearly six years later, Godinez sought to overturn his conviction by claiming Greenman had poorly represented him during the trial.

But Superior Court Judge Michael L. Ravin on recently rejected that bid and upheld Godinez's conviction 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 also shot in the head, but survived.

In a written decision denying Godinez's petition for post-conviction relief, Ravin dismissed his claims of receiving ineffective legal assistance from Greenman and said Godinez "was not deprived of a fair trial."

The judge handed down that ruling a day after denying Godinez's motion for a new trial based on the testimony of his co-defendant, Melvin Jovel, who claimed Godinez and four other co-defendants were wrongfully convicted in the case.

Godinez, 32, formerly of Newark - the alleged ringleader of the group - was the first of the six defendants to be convicted in the case. Godinez was convicted of murder and related charges at his trial in May 2010 and then sentenced in July 2010.

Three co-defendants, Jose Carranza, Alexander Alfaro and Gerardo Gomez, were later convicted at separate jury trials. Jovel and another co-defendant, Shahid Baskerville, each pleaded guilty. Jovel admitted shooting all four of the victims.

The six men collectively received more than 1,000 years in prison. According to prosecutors, the six defendants had ties to a Central American gang known as MS-13, and the murders were gang-related.

During Godinez's trial, prosecutors presented jurors with his statement to the police, in which he discussed his position in the gang and how the incident unfolded. An investigator with the New York State Police testified as an MS-13 expert and discussed Godinez's statement.

As part of Godinez's petition for post-conviction relief, his attorney, Susan Gyss, claimed Greenman was ineffective for failing to request a special instruction to the jurors about that expert testimony.

Gyss argued that instruction was necessary to highlight the fact that the expert's opinion was largely based on Godinez's statement to police and that statement contained numerous falsehoods.

But in his March 2 decision, Ravin rejected that argument, saying "the Court does not find that special instructions would aid the jury's understanding here."

"The model jury charges adequately informed the jury that the probative value of the expert's opinion depends upon whether, from all of the evidence, the jury finds the facts to be true," the decision states.

The judge also noted how Greenman cast doubt on the reliability of the MS-13 expert's testimony in his closing statement by arguing that the expert relied on parts of Godinez's statement that were false.

"It was not necessary for Petitioner to go further and request that the Court also highlight the expert's reliance on false statements by Petitioner," the decision states.

Ravin also dismissed Gyss's claim that Greenman was ineffective for opposing questioning jurors about an apparent dispute amongst them during deliberations.

"The facts here also do not fall into either of the exceptions to the general rule that jury verdicts should not be disturbed based on juror deliberations because there is no evidence that a juror misinformed the other jurors based on personal knowledge or that a juror was racist or bigoted against the defendant," Ravin wrote.

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