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Lawyer plans to sue State Police over lab tech who faked results

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Attorney George T. Daggett filed a notice of tort claim on Friday naming the lab tech and the State Police

vialsNearly 8,000 criminal cases are under review after a State Police lab tech was allegedly caught making up results in one drug case, authorities said.

SPARTA -- A Sussex County-based attorney plans to sue the State Police on behalf of a dozen clients whose cases were handled by the State Police laboratory where a technician was caught faking results in a drug case, New Jersey Herald reported.

George T. Daggett filed a notice of tort claim on Friday naming the now-retired technician, Kamalkant Shah, as well as the State Police, the superintendent of the State Police, Col. Rick Fuentes, and the State Police Office of Forensic Sciences North Region-Drug Unit, the newspaper reported. Daggett's clients were identified only by their initials in the notice of tort claim.

As reported by NJ Advance Media, Kamalkant Shah worked as a laboratory technician for the State Police laboratory in Little Falls and was found on Dec. 10 to have "dry labbed" suspected marijuana -- which, as a result, has cast a shadow over 7,827 criminal cases on which he worked.

"Basically, he was observed writing 'test results' for suspected marijuana that was never tested," Deputy Public Defender Judy Fallon said in a memo to Public Defender Joseph Krakora on Feb. 29.

Ellie Honig, director of the Division of Criminal Justice, said in Feb. 22 letter to county prosecutor's offices that Shah "failed to appropriately conduct laboratory analyses in a drug case." The letter advised prosecutors to disclose this information to defense counsel.

"Mr. Shah was observed in one case spending insufficient time analyzing a substance to determine if it was marijuana and recording an anticipated result without properly conducting the analysis," Honig said.

Authorities have said about 2,100 cases in Passaic County, 2,000 in Essex County and 263 in Sussex were impacted by the disclosure over Shah's results. Numerous cases in Morris and Bergen counties were also affected but the prosecutor's offices and assignment judges in those jurisdictions have not disclosed the specific figures.

Ernest M. Caposela, the assignment judge of Passaic County, previously told NJ Advance Media people who are currently in prison based on tests performed by Shah may need to be let out until investigators can determine if those test results were legitimate.

"The cases I'm most concerned about are individuals who are serving a sentence after a conviction after a trial (in which Shah's results were utilized)," Caposela said.

"If somebody was convicted based on one of these tests, until we know more, I think you've got to let them out," he said. "At least until we can determine whether these certifications have any integrity."

Caposela also said a large number of drug cases -- many of which were adjudicated by municipal courts -- likely wouldn't be overturned if defendants accepted a plea early on in the process.

"One of the gaps is I don't really know the nature of the breach in the lab," he said. "The AG (attorney general) is really going to have to enlighten us on that."

Cases where defendants were convicted and didn't plead guilty are what concern Caposela the most -- especially if they've been convicted or are in county jail awaiting trial. The next highest priority are those defendants who are out on bail pending trial and those who were convicted and already served their sentences.

Defendants who were convicted and already served their sentence may also seek to file for post-conviction relief or appeal their sentences -- as it could challenge their status as a convicted felon or impact post-incarceration stipulations of their sentence.

According to Fallon's memo, the prosecutor's office's plan "is to submit for retesting specimens from open cases. The larger, and unanswered, question is how this impacts already resolved cases, especially those where the specimens may have been destroyed."

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


3 killed in early morning Orange fire, report says

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Officials confirmed they are investigating the tsp-alarm fire that broke out early Monday morning. Watch video

UPDATE: Authorities confirm 1 dead, family says 2 children also perished

ORANGE -- Authorities are investigating a "very serious" two-alarm fire that broke out in a multi-story city home early Monday morning, officials confirmed. According to reports, the fire claimed the lives of at least three people who were inside.

The Essex County Prosecutor's Office was on the scene of the fire, which spokeswoman Katherine Carter called "very serious." 

MORE: Family and neighbors describe fatal fire as 'raging bull'

Orange fire officials confirmed they responded to a fire at an occupied home at 251 High Street at about 5 a.m. Monday. Carter could not immediately comment on the condition of the people who were inside the home when the fire broke out.

According to a News 12 report, family members said three people - two young boys and an adult - were killed in the fire. As many as 10 people were in the home at the time of the fire, the report said. Others were injured in the fire, it said.

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

Newark man charged with lying about South Ward shooting

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Daquan Lockhart claimed he had been shot on the corner of Osborne Terrace and Nye Avenue on Feb. 2

Screen Shot 2016-03-14 at 11.06.30 AM.pngDaquan Lockhart (Essex County Correctional Facility)

NEWARK - A city man who claimed to have been shot last month has been charged with fabricating the story.

Daquan Lockhart, 25, was booked on a single count of false swearing for the Feb. 2 incident, when he reported being struck on the corner of Osborne Terrace and Nye Avenue, Newark police spokesman Capt. Derek Glenn said in a statement.

He was treated at University Hospital for a non-life threatening injury, but detectives later determined that he had never been shot.

Glenn did not elaborate on why Lockhart may have concocted the story.

Public Safety Director Anthony Ambrose said city police have seen an increase in similar cases, citing a false swearing charge levied against a man who claimed he walked more than five miles to Beth Israel Hospital after being shot last month. The man had actually been shot in Elizabeth.

The incident involving Lockhart remains under investigation. Anyone with information is asked to contact Newark police's 24-hour anonymous tip line at (877) NWK-TIPS or (877) NWK-GUNS.

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

11-year-old N.J. kid is Bernie Sanders volunteer, pro at phone banks (VIDEO)

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Livingston's Tobey Giat, 11, says he's Bernie Sanders biggest fan – and proof the senator is resonating with younger Americans. Watch video

MILLBURN -- Tobey Giat is a typical 11-year-old boy in most ways -- he likes basketball, video games and riding his bike -- except for one: He's volunteering with a presidential campaign.

On a Monday night at a Bernie Sanders phone bank in Millburn, Giat is perched over his laptop, iPhone in hand, as an automated system rings homes in Super Tuesday states.

The screen is whirling, loading, until a beep - Giat's cue.

He springs forward to read the name on the screen, then asks into the phone, "Hi, is Peggy Lou there?"

You can hear each of the recipients trying to make sense of the call, of what clearly sounds like a kid on the other end of the line. It gets interesting when the name is difficult for Giat to pronounce. Many of them ask, "Yes, but who is this?"

Go time.

"Hi. My name is Tobey, and I'm an 11-year-old volunteer with Sen. Bernie Sanders presidential campaign. Can we count on you to vote for Bernie Sanders tomorrow on Super Tuesday?"

The responses from here go a variety of ways for phone bankers, but Giat's secret weapon is his age. At his first phone bank in Springfield, he'd had a standard amount of hangups, until another volunteer suggested he mention he is 11 in his intro. It worked like a charm. Who can hang up on an 11-year-old?

"Thanks for your call, but I think I have another candidate in mind," says Peggy Lou.

"He wants to spend all our money," says Donald.

"No! I'm not voting for nobody. They all suck! I hate 'em all!" barks Perry.

Perry's answer has Giat raising his eyebrows at me and his mom, as we stifle our laughter in the background. It goes this way for a while. Giat records each response on his laptop and eats Doritos between calls.

"Are Doritos the best phone bank fuel?" this reporter asks him. A quick and definitive yes, from Giat.

WATCH: Danny DeVito's Bernie endorsement

Giat is happy to talk about why he likes Sanders, and specifically points to the Vermont senator's stance on education and the environment.

"I like that Bernie wants people to go to public colleges for free, and I think that education is really important and it can get you jobs," Giat says. "And he also wants to clean up the environment and stop fracking."

Ever heard an 11-year-old talk about fracking? His passion for Sanders led Giat to want to volunteer, and his mother Jessica told him to see if he could. Giat called Sanders' Vermont headquarters, where they suggested phone banking. On the day of his first phone bank, he called back again, just to double-check that they knew he was 11 and they'd let him in.

"My husband is supporting a Republican candidate and I'm undecided," says Giat's mom Jessica. "Tobey was watching a lot of news and following the political campaigns, and he decided he liked Bernie. And while that's not the popular choice in our house, that's okay. We encourage our kids to have their own ideas and opinions and it's great."

When asked about the other candidates, Tobey Giat holds back harsh feelings and instead answers very politically.

On Donald Trump, he says, "I think a wall between the border of America and Mexico is a very bad idea." And he rejects Hillary "because of the emails she sent."

Giat says the young voters are the reason he thinks Bernie is going to win. And yes, he's bummed he can't vote yet and thinks the voting age should be lowered to 16 because "a lot of young people are very smart and have good ideas."

When he grows up he wants to do three things: own the sleepaway camp he loves visiting each summer, be an environmentalist and become president. (Last year he ran for vice president of student council and won, but says he was totally disappointed afterward when he found out the position came with no real powers.)

Mom says Tobey, the younger of her two sons, is "a great student, organized, diligent, creative and always happy. He gets along with everybody." He loves animals, she says, especially the sloth, because "it always looks like it's smiling," her son adds. The Giat family lives in Livingston.

Watching him make his phone bank calls, I ask if it's ever painful to hear Tobey get hung up on or yelled it. "It is a little," she says.

But her son is resilient.

Depending on how the voters he calls answer, a new script will pop up. If a responder says they're undecided, he doubles down: "Is there anything I can say to persuade you to vote for Bernie Sanders?" If all else fails, it's "Thank you anyway." And if they say they're voting for Bernie, Giat's face lights up.

"Yes, I'm voting for Bernie! Feel the Bern!" answers an enthusiastic Minnesota voice on the other end.

"Great!" Giat replies with an ear-to-ear grin. "Thank you for being a voter!"

Gallery preview 

Jessica Remo may be reached at jremo@njadvancemedia.com. Follow her on Twitter @JessicaRemoNJ. Find NJ.com on Facebook.

Authorities confirm 1 dead in Orange fire, family says 2 children also perished

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Officials say they are still investigating whether or not others perished in the blaze. Watch video

ORANGE -- Authorities have confirmed that at least one person died in a two-alarm fire inside an Orange home Monday morning.

Essex County Chief Assistant Prosecutor Thomas Fennelly confirmed one person died in the fire, which he said broke out at about 5:19 a.m. Authorities are continuing to investigate the conditions of others who were home when the fire broke out, he said.

There were a number of people home, all apparently members of the same family, when the fire broke out, Fennelly said. 

Iminah May, a family member at the scene of the fire Monday, said two children also died in the blaze. The victims of the fire were her two young cousins, and her uncle, May said.

Authorities could not confirm any additional deaths Monday morning. Officials did not immediately release the name, age, and gender of the victim.

The home on High Street was being demolished late Monday morning.

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

Newark schools water crisis shines light on larger N.J. lead issues, advocates say

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More than 3,000 children tested positive for lead poisoning around the state last year

NEWARK - While officials scramble to respond to the recent revelation that nearly half of Newark schools have been using water contaminated with dangerous levels of lead, many environmentalists claims the issue should have been confronted long ago.

Jeff Tittel, Director of the New Jersey Sierra Club, issued a statement last week calling the findings at 30 Newark schools a "wake-up call" to a growing public health issue. He cited similar tests that uncovered lead in water lines at Morristown Medical Center, as well as supplies overseen by the Passaic Valley Water Commission, which brings water to towns across five North Jersey counties.

"We need to do a better job of testing throughout the state and fixing these problems. We can't allow our children to be put at risk," Tittel said.

"While the governor acts like it isn't serious issue, we're seeing school children and hospital patients being exposed to a dangerous neurotoxin."

Officials have sought to downplay concerns about the lead in Newark schools, saying the issues stemmed from piping and solder in the aging buildings, and even the highest levels detected were nowhere near those found in crisis-stricken Flint, Mich.

Impact on Newark kids' health: What do elevated lead levels mean?

Testing at schools is not required by either the state or the federal Environmental Protection Agency, but is done voluntarily at each district school on an annual basis. Results from past years have yet to be released to the public, however, and it remains unclear just how long children and faculty may have been ingesting the contaminated water.

According to the Centers for Disease Control and Prevention, there is no safe lead level in children. Even at low levels, it has been shown to affect intelligence, the ability to pay attention and academic achievement.

More than 3,000 children tested positive for lead poisoning in New Jersey last year, and 11 communities - including Newark and neighboring East Orange and Irvington - have a higher proportion of young children with dangerous lead levels than Flint.

Kim Gaddy, an environmental justice coordinator for the New Jersey chapter of Clean Water Action and a current candidate for Newark's School Advisory Board, said Newark schools have taken a patchwork approach to dealing with possible contamination dating back decades.

She cited another lead scare more than 20 years ago, when dangerous lead levels in the water supplies at Harriet Tubman Elementary School and other aging buildings that came to light in 1993. Star-Ledger archives indicate the time indicates the district committed approximately $400,000 to remediate those issues.

Other school districts around New Jersey have also dealt with lead issues in the past, including Camden, which has distributed bottled water to students and staff for drinking for the past 10 years.

"This is like deja vu," Gaddy said. "The DEP and our governor probably knew about this sooner than they let us know. This is something that should not have happened in 2016."

Bob Considine, a spokesman for the state Department of Environmental Protection, called Gaddy's comments "ridiculous", and noted the agency follows all federal guidelines in regard to testing for lead contamination. He noted that other cities with aging infrastructures, including Ithaca, N.Y. and Binghamton, N.Y., have also recently found elevated levels of the chemical in school water systems.

"Obviously, lead from pipes or from solder is an issue in older buildings and older cities, not just in New Jersey, but around the country," Considine said. "I think it's important to recognize this is not just a New Jersey issue, but a national issue."

Last week, State Sen. Christopher "Kip" Bateman (R-16th Dist.) announced he had introduced a state budget resolution that would commit $20 million to abate lead deposits in water lines in Newark and beyond.

He acknowledged that many Republican legislators had been hesitant to pass an earlier lead-hazard bill introduced by Sen. Ron Rice (D-Essex), he said his bill would ease concerns about spending by funding the efforts through the state's Clean Energy Fund. Earlier this year, Gov. Chris Christie pocket vetoed a measure that would have restored $10 million in funding for the Lead Hazard Control Assistance Fund.

"State government must execute its primary responsibility to keep people safe by finding solutions to reduce lead poisonings," Bateman said. "I've supported Sen. Rice's legislation and now have found a solution to fund greater lead abatement within the state budget, using existing resources and no new taxes."

Many environmentalists, however, say Batemen's proposal still falls well short of an ideal solution. Tittel said it made little sense to "rob" the Clean Energy Fund to throw a single pot of money at the state's lead contamination issues, and advocated for funds to be allotted on a more permanent basis.

"We need to come up with a long-term fix to this problem," he said. "We need a stable funding source to address lead in our drinking water."

For now, school officials in Newark have shut off all fountains and faucets in the 30 affected schools and continue to rely on water bottle donations for both drinking and cooking. Though adamant the the situation is under control, some have admitted more preventative measures are likely necessary to prevent any repeat scenario.

"There is a regulatory hole here," said Superintendent Chris Cerf. "The real story is what we're doing going forward."

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

 

North Jersey drug ringleader pleads guilty, U.S. attorney says

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Nine individuals now have pleaded guilty to distributing oxycodone across the region.

NEWARK -- The leader of a conspiracy that supplied oxycodone on New Jersey streets has admitted to running the ring, federal prosecutors said Monday. 

Victoria Horvath, 43, of Belleville, pleaded guilty before U.S. District Judge Esther Salas in federal court to an indictment that charged her with conspiracy to distribute oxycodone in 2014. 

Court records show 16 people, including three of Horvath's siblings and a nephew were involved in the ring. A pharmacist, Vincent Cozzarelli, also had been charged, but those charges were dropped after his death in 2014.

Oxycodone is usually prescribed as a medication for moderate to severe pain and can become addictive, according to the National Library of Medicine. 

Authorities used confidential sources, surveillance and recorded text messages and phone calls in the investigation, according to court records. 

In pleading guilty, Horvath admitted that she was involved in the ring in which she went to various doctors' offices and obtained prescriptions for oxycodone pills. She also drove others in the ring for their prescriptions as well, and had the prescriptions filled at a variety of pharmacies, according to U.S. Attorney Paul J. Fishman's office. 

Newark man admits role in heroin mill

In one example, it said, Horvath sold 119 oxycodone pills for $2,020 to an undercover agent in 2014. 

Horvath also admitted to being an organizer and manager of the conspiracy, it said. 

The charge to which Horvath pleaded guilty carries a maximum penalty of 20 years in prison and a $1 million fine. 

Horvath is scheduled to be sentenced on June 20.

Of the individuals originally charged with Horvath, Daniel Horvath, 27, Monica Horvath, 22, Johnny Horvath, 46, Tony Marco, 47, and Steven Horvath, 45, all of Rutherford, and Justin Farraj, 24, of Newark, have pleaded guilty and await sentencing, Fishman's office said. 

Brian Perez, 23, of Newark, was sentenced to a term of 40 months in prison in September 2014 and Luis Rivera, 25, of Bloomfield, was sentenced to 54 months in prison in August 2015, it said.

The indictment remains pending against six others, it said.

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

Longshoremen unions discriminate against minorities, Newark mayor says

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Newark Mayor Baraka claimed unions at the Port of Newark and Elizabeth have less tan under 6 percent Black members, under 13 percent Hispanic.

Screen Shot 2016-03-14 at 4.13.53 PM.pngCrane operator working at Port Newark. Newark Mayor Ras Baraka claims there is a racial inequity in hiring by two longshoremen unions and wants federal authorities to investigate. (Ed Murray | NJ Advance Media for NJ.com)  

NEWARK -- Mayor Ras Baraka today called for a federal investigation of the two longshoremen unions at the Port of Newark and Elizabeth, claiming they have disproportionately fewer black and Hispanic members.

"Two of the unions serving the port remain strictly segregated despite years of attempts by the Waterfront Commission and Civil Rights organizations to desegregate them," Baraka said in a letter to U.S. Labor Secretary Thomas Perez.

Baraka also asked the U.S. Attorney General to determine whether federal civil rights laws have been violated.

The mayor cited statistics that Newark and Elizabeth have a combined black and Hispanic population of 77 percent.

Yet, he said, International Longshoremen's Locals 1 and 1804-1, which represent checkers and mechanics respectively, have fewer than 6 percent black members, under 13 percent Hispanic members and no women among their more than 1,000 total members.

"Clearly, those hired to work at the Port are not representative of the diversity of the surrounding community," the mayor said in a statement today.

Baraka cited a 2015 report that stated that of the 3,299 registered longshore workers at the port, only 299 or 6.3 percent had Newark addresses and that of the total number of workers 2,055 are white, 787 are black, 410 are Hispanic, 17 are Asian. Only 302 of the workers are women, the mayor said, referring to the report.

He said 523 of 787 registered black workers are in one predominantly black local, number 1233. 

Baraka is requesting that the labor department "remedy severe racial, gender and ethnic inequality in employment at the Port and an apparent bias against the hiring of local residents." 

The federal labor department declined to comment on the mayor's letter.

Calls and messages sent to representatives of the ILA seeking comments were not immediately returned. Attempts to reach the Waterfront Commission of New York and New Jersey were unsuccessful.

Tom Haydon may be reached at thaydon@njadvancemedia.com. Follow him on Twitter @Tom_HaydonSL. Find NJ.com on Facebook.

Fake W-2's netted prisoners $400K in tax refunds, feds say

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Federal court records say two East Orange men created 66 false tax returns that generated nearly $400,000 in fraudulent refunds.

NEWARK -- It can be hard enough to make $70,000 a year.

It's impossible to earn that much income if you're in jail. 

But two East Orange men allegedly made it look just like that for dozens of individuals in 2013 and 2014, court records show. 

U.S. Attorney Paul J. Fishman's office Monday charged Reginald Eaford, 45, and Winfred Moses, 48, with creating and filing false income tax returns on behalf of inmates at the Essex County Correctional Facility -- where they had been at the time as well.

Both were charged with conspiracy to defraud the U.S. government and aggravated identity theft. 

Ex-guard convicted of raping Essex inmate

According to the complaint, law enforcement at the jail who were monitoring activity in inmate accounts saw that Eaford was depositing "unusually large amounts" into his account. 

Authorities said Eaford, Moses and other unidentified individuals conspired to create phony W-2 forms indicating inmates made $70,021 each in income and were due refunds. The tax returns allegedly were sent from Moses' residence.

The refunds would be sent either to the inmate's account or to Moses' home. Eaford, Moses and the inmates would split the proceeds, which the inmates would use for bail, lawyers and other expenses, the complaint says. 

Eaford and Moses created 66 tax returns this way, court records say, creating nearly $400,000 in fraudulent tax refunds.

After he was released in 2014, Eaford continued to file false tax returns, records say. 

Authorities also say Eaford admitted creating phony returns when federal investigators searched his residence. 

The conspiracy charge carries a maximum sentence of five years in prison, the U.S. Attorney's office said. The aggravated identity theft charges carry a mandatory sentence of two years in prison that must be served after the sentences on the conspiracy charges.

Fishman credited agents at the U.S. Internal Revenue Service, the U.S. Postal Inspection Service and the Internal Affairs Division of the Essex County jail in the investigation. 

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

Newark man fatally shot on way to work supported family overseas, friend says

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Brunton Bissesar Singh, 55, was shot in the city's North Ward shortly before 6 a.m. on Sunday, authorities said.

NEWARK -- A man fatally shot while walking to work in the city's North Ward early Sunday regularly sent money to his family overseas, a friend said. 

Brunton Bissesar Singh, of Newark, supported his son and wife in his home country of Trinidad and Tobago, according to Roberto Mendez Spaccavento. 

Singh, 55, was killed on the 400 block of Roseville Avenue shortly before 6 a.m., authorities said. No arrests have been made.

An investigation is ongoing, and the Essex County Prosecutor's Office did not release any details Monday.

Singh had been a member of Spaccavento's nutrition club, Health-Figure & Wellness on Roseville Avenue, for several years and had become a close friend. Lacking relatives in the United States, Singh bonded with the club members. 

"He has absolutely nobody," Spaccavento said. "We were his family."

Singh frequented the nutrition club every day to get a protein shake or a cup of tea and relax in front of the television, Spaccavento said. He said Singh was a popular member of the community.

"Everybody in the neighborhood loved him," Spaccavento said. 

Their friendship extended beyond the nutrition club, with Singh helping Spaccavento's family for two months after Spaccavento had surgery. 

"He would come early, he would help my wife clean up the place, help her close the gates and everything," Spaccavento said. "He was really nice."

Singh was walking to his job at Pit Stop gas station on Park Avenue and 16th Avenue early Sunday when shots were fired, according to Spaccavento. He said Singh was an hour late to work that day because he had forgotten to change his clocks for Daylight Saving Time. 

About 50 of Singh's friends gathered in front of the nutrition center Sunday evening to remember him. 

"I put some candles, his picture and flowers," Spaccavento said. "We all gathered together, and we prayed."

Spaccavento said on his Facebook page that his business was collecting donations for Singh's funeral costs.

Si desean colaborar para los gastos de funeraria, se encuentra una caja para las donaciones en el club de nutricion...

Posted by Roberto Mendez Spaccavento on Sunday, March 13, 2016

MORE ESSEX COUNTY NEWS

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

'It was a raging bull': Family, neighbors recall Orange fire that killed 3

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A family member said two young boys and a man died in the fire on High Street in Orange Watch video

ORANGE -- Iminah May tugged a blanket around her body on a rainy and chilly Monday morning and watched as firefighters surveyed the damage at her family's home on High Street in Orange.

An early-morning blaze not only destroyed a home that had served as a "foundation" for the family for decades, but it also killed three relatives who were inside the residence at the time, according to May. She said her uncle and two young male cousins died in the fire.

The experience, "tears this family apart," May said.

"We've been here all our lives. This is all we know," said May, who lives in Newark and took a cab to the scene after she learned about the fire. "This is our foundation, our home."

"It's surreal for me...It hasn't really sunk in," May later added. "We are a tight-knit family....We are all we have."

At the scene Monday morning, Thomas Fennelly, Chief Assistant Prosecutor at the Essex County Prosecutor's Office, confirmed one person died in the fire at 251 High Street, which he said broke out at about 5:19 a.m. No information was available on that victim's name, age, or gender, Fennelly said.

Authorities are continuing to investigate the cause of the fire and the conditions of others who were home when the fire started, he said. Numerous people from one family were inside the residence at the time of the blaze, he said. Victims were transported to Saint Barnabas Medical Center for treatment of their injuries, he said.

In a news release on Monday night, the prosecutor's office confirmed that three family members died in the fire at the two-and-a-half-story, single-family home. Additional details on those victims were not immediately available.

Authorities also said the fire does not appear to be suspicious, but the investigation is continuing. The fire also spread to the two adjoining homes on each side of the house, authorities said. No one was injured in those homes, authorities said.

Vivian Carbajal, who lives down the street, said she was inside her house when she heard a car horn blowing and then someone outside yelling "Fire! Fire! Fire!"

Carbajal said she ran outside and rushed up the block, where she saw flames ripping through the house. A woman who had been inside the residence was outside screaming, "Oh my God! My baby! My kids! My kids!" Carbajal said.

"Everybody was just going crazy," Carbajal said.

orange-fireFirefighters battle an early morning 2-alarm fire at a home located on High Street. Orange, NJ 3/14/16 Photo courtesy: Vivian Carbajal  

Chante May, who is related to the family inside the residence, said she ran to the scene from her nearby home after her sister called her about the fire. When she arrived, May said the house was covered in flames and her immediate reaction was to "make sure everybody was out of there."

"That was running through my mind," she said. "To make sure my family is alright, to make sure everybody was out of there."

Around the same time, Amina Beckford, who lives in the house next to where the fire occurred, said she was at a friend's house when her roommate called her to let her know the fire was underway.

Beckford said she immediately rushed to the scene and saw the residence engulfed in flames.

"I just got here as fast as I could, hoping I could help. I wish I could've helped," Beckford said. "I wish I could've come with a bucket of water and do something."

"It was bad," Beckford added. "If you was in there, you wasn't gonna make it out, that's how bad it was.

"It was a raging bull."

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

'I will never forgive you,' ex-wife tells man who shot her twice before he is sentenced

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Belinda Konah said she was happy to see her ex-husband, Anthony Konah, receive a 10-year prison sentence

anthony-konahAnthony Konah 

NEWARK -- Standing in a Newark courtroom on Monday, Belinda Konah said she was happy.

She was happy to see her ex-husband, Anthony Konah, be sentenced to 10 years in state prison for shooting her twice in 2014 during an altercation at her Newark apartment building.

"I'm happy that whatever he did to me, you will pay for it and you will rot in jail," said Belinda Konah, according to an audio recording of the hearing. "I will never forgive you."

Anthony Konah, 56, of Irvington, received the sentence as part of a plea deal he accepted on Jan. 26, when he pleaded guilty to aggravated assault and unlawful possession of a weapon in connection with the Oct. 21, 2014 incident.

Konah must serve eight and a half years before becoming eligible for parole.

During Monday's hearing, Konah initially said he had been pressured to accept the plea agreement and wanted to withdraw his guilty plea, according to the audio recording.

But after speaking privately with his attorney, Stephen Brown, Konah said he wanted to go forward with the plea deal and that no one was forcing him to do so.

In handing down the sentence, however, Superior Court Judge Ronald Wigler noted how Konah did not acknowledge any wrongdoing on his part during the hearing and the judge said he was "somewhat struck by your utter lack of remorse that you have shown today," according to the audio recording.

"I think you were thinking only of yourself without...any compassion whatsoever for your ex-wife," the judge said. "You're going to have a lot of time to think about what you did.

"We live in a civilized society and you just took it upon yourself to go to your ex-wife with a gun, who was defenseless, and you shot her not once, but you shot her twice, and fortunately, you're not standing before me on a murder charge, but it could very well have been that," Wigler said. "You're very lucky that you're a lousy shot."

The incident occurred outside Belinda Konah's apartment building in the 500 block of Central Avenue in Newark after Anthony Konah confronted her there and the former couple started to argue, authorities said. After the shooting, Anthony Konah returned to his vehicle and drove off, authorities said.

When he pleaded guilty, Konah admitted shooting his ex-wife two times, once in the shoulder and once in the leg.

Konah was arrested on Oct. 28, 2014 and later sent to the Essex County Correctional Facility. He was released from custody on Feb. 5, 2015 after posting $60,000 bail, court records show.

Court records indicate the former couple's divorce was finalized in January 2014. During Monday's hearing, Belinda Konah said they had been married for eight years.

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

N.J. receives federal disaster declaration for January winter storm

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The action makes the state eligible for federal aid. Watch video

 

WASHINGTON -- President Barack Obama on Tuesday issued a disaster declaration for 17 New Jersey counties, making them eligible for federal aid to reimburse counties and towns for the cleanup of January's winter storm. 

Gov. Chris Christie had requested federal help following the Jan. 22-24 storm, which brought up to 30 inches of snow, plus high winds and flooding, and left around 270,000 homes without power. High tides caused coastal flooding in the southern part of the state, contributing to beach erosion and damaging dunes. 

The state said the damage cost was around $82.6 million.

Christie requests U.S. disaster aid for storm

Christie's request was buttressed by a letter to Obama from the entire 14-member New Jersey congressional delegation, which also sought the aid.

"Recovery from this storm has been difficult for New Jerseyans, and we urge you to approve this request as soon as possible to ensure the people of New Jersey can begin to rebuild from this storm and mitigate against future disasters," the lawmakers wrote.

The governor, who was running for president at the time, cut short a campaign trip to New Hampshire to return to New Jersey but quickly went back to the first primary state once the storm passed.

U.S. Sens. Robert Menendez and Cory Booker (D-N.J.) and Rep. Frank LoBiondo (R-2nd Dist.) toured parts of the Jersey Shore after the storm, which caused coastal flooding in some of Cape May County's towns that exceeded the levels during Hurricane Sandy. 

The counties affected are Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Somerset, Union, and Warren.

In addition, the White House made federal funding available to help cover the costs of snow removal in Bergen, Burlington, Camden, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Somerset, Union, and Warren counties.

Jonathan D. Salant may be reached at jsalant@njadvancemedia.com. Follow him on Twitter @JDSalant. Find NJ.com Politics on Facebook 

Home sale prices in these 17 N.J. towns averaged over $1M last year

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See the full list and the 2 towns in N.J. had home sales prices in 2015 that averaged over $2M

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Can indie bookstores survive (and thrive) in 2016 N.J.?

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The state of the indie bookstore industry may surprise you. Watch video

WEST NEW YORK -- When a used bookstore offering poetry readings and a vinyl record collection showed up in West New York in March 2015 -- after the town had gone without a bookstore since 1978 -- many locals were excited.

But just a couple weeks ago, those readers received a blow: B&F Books closed less than a year after opening, following a failed online-giving campaign.

Despite the risks that bookstores know well, what happened with B&F Books is just part of the story, experts say. Many other long-running indie bookstores in the state are doing well -- and a couple new bookstores in towns like Jersey City and Hoboken have opened.

Even B&F Books owner Sujewa Ekanayake is promising to scout a new location in town and try again.

According to indie booksellers and bookseller organization leaders, contrary to the ideas presented in films like "You've Got Mail" (where a small bookstore's business fails after the arrival of a big box bookstore), big box retailers aren't the successes they once were, and speculation about e-books 10 years ago was just not totally accurate.

E-book sales have plateaued, and remain far below print book sales; Borders went bankrupt; and some Barnes and Noble branches are closing, they noted.

Freshman books: Required summer reading at N.J. colleges

According to the American Booksellers Association, nationally, for the sixth year in a row, membership has grown, with stores operating in more than 2,200 locations.

In 2015, national sales in the indie bookstore channel were up a little more than 10 percent, said ABA spokesman Dan Cullen. While the ABA did not have New Jersey-specific data, it has more than 50 member stores in the state.

That's not to say there aren't many challenges for indie bookstores, which often operate on narrow profit margins and face serious competition -- especially in New Jersey -- from Amazon, said ABA CEO Oren Teicher.

Still, Teicher said, bookstores are benefiting from the "shop local" movement; new sales technology, including social media; and publishers' awareness of data that says people still discover books in brick-and-mortar stores. Besides that, he said, bookstore owners are a creative bunch.

"A decade ago people were saying 'oh no how can we do it?'" he said. "I think its fair to say our history over the past 50 years has been characterized by really tough challenges but we've figured it out."

Those running new bookstores in New Jersey expressed some optimism about the industry, too.

"It is actually a good time for independent bookstores. We used to have several, then Barnes and Noble moved in and drove them out. Then Amazon came along and shut down Barnes and Noble," said Kate Jacobs, who runs Little City Books in Hoboken, which opened in May 2015. "As my partner Donna says, it's like after a savage forest fire when the little green shoots start poking up through the charred earth!"

WORD in downtown Jersey City, which opened three years ago following the growth of the original Brooklyn store, is bringing Stephen King to the city soon.

"People like to have lives outside of the Internet, I think, and people crave a feeling of community," owner Christine Onorati said. "Bookstores provide an automatic community for readers, and that's why bookstores are thriving."

Legacy bookstore managers observed that they were lucky to have carved out special niches in supportive communities.

Walter Boyer, the owner of Bookends in Ridgewood, has a 31-year-old store that is somewhat famous for its high-profile celebrity signings, starting with Jimmy Carter in 1988.

"Surviving for 30 years as an independent business is really extraordinary," he said. "It's probably similar to coffeeshops or diners or any other business that's been around. People thought that coffee shops would go away when people got individual coffee makers."

"I would say that it's best to be in a community that supports the arts and culture and also makes a semi-political statement by supporting independent bookstores," said Peter Ryby, the manager of 30-year-old Montclair Book Center, a local attraction that is known for its vintage music collection and vast array of new and used books.

Carmen Rusu, the manager of the 15-year-old Symposia Community Bookstore in Hoboken, said she believes the key to her bookstore's success is a wide variety of community programs.

"We have children's programs, adult workshops, poetry readings, puppet shows," she said. "If somebody from the community has a passion, wants to share something with the community, we offer the space, we advertise through our monthly newsletter."

Many state bookstores operate in affluent communities.

Since West New York is a heavily Spanish-speaking immigrant town with a strong working class community, it might seem like an unconventional location for a new bookstore. But, according to Tiecher, there's no formula for where independent bookstores can thrive.

"Our member stores exist in the widest range in the most diverse communities across the country," he said.

Ekanayake, a Brooklyn resident who took ownership of B&F Books months after it was started by West New York native Lawrence Arteaga, acknowledged that a bookstore in West New York could be taken as an early sign of gentrification.

Ekanayake said he sees the waterfront town becoming a "little Brooklyn" in the future, and he's not giving up on West New York.

Nearby Edgewater's Barnes and Noble has closed, he said, and if he opens again in town, he plans to stock even more Spanish books, and "market properly" with cash reserves.

"In general, l think the experience was very positive. I look forward to reopen the store and doing it better next time," he said. "It could work in West New York."

Laura Herzog may be reached at lherzog@njadvancemedia.com. Follow her on Twitter @LauraHerzogL. Find NJ.com on Facebook.


Top prison official demoted for failing to report missing gun, sources say

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Robert Chetirkin was removed as head of Northern State Prison in Newark. He's now an assistant superintendent at New Jersey State Prison in Trenton

The top official at Northern State Prison in Newark has been demoted and reassigned after failing to report to the Department of Corrections that one of his officers briefly lost a service weapon, NJ Advance Media has learned.

Robert Chetirkin, 44, was removed as administrator last month and temporarily placed in the department's central operations unit amid an internal probe by the Special Investigations Division, according to two sources, who spoke on condition of anonymity because they were not authorized to publicly address the matter.

On March 5, Chetirkin began a new job as the assistant superintendent at New Jersey State Prison in Trenton, said Matt Schuman, a spokesman for the Corrections Department.

The demotion carries a $14,000 pay cut. Chetirkin had been making $122,000 annually as Northern State Prison's administrator, public records show. The new position pays $108,000 a year, Schuman said.

Chetirkin did not respond to a request for comment.

Schuman characterized the move as a transfer and would neither confirm nor deny an investigation took place. Citing personnel privacy rules, Schuman said he could not discuss the reason for Chetirkin's reassignment.

The spokesman also declined to answer questions about the circumstances of the lost weapon.

"I cannot acknowledge such an incident took place," Schuman said. "If an incident takes place and there are no criminal charges attached to it, it's not considered public information."

According to the sources, a corrections officer assigned to the Newark prison lost the weapon, a handgun, in January. The gun was recovered hours later and was never in the possession of inmates, the sources said.

The name of the corrections officer could not be obtained, and the sources were uncertain if he or she had been disciplined.

Chetirkin was made aware of the weapon's loss but did not report it to his superiors in the Department of Corrections as required, the sources said.

A 20-year veteran of the department, Chetirkin has previously served as assistant superintendent at both Northern State Prison and the Adult Diagnostic and Treatment Center in Avenel, public records show.

Before his promotion to administrator at Northern State last year, he was associate administrator at the Albert C. Wagner Youth Correctional Facility in Bordentown.

Mark Mueller may be reached at mmueller@njadvancemedia.com. Follow him on Twitter @MarkJMueller. Find NJ.com on Facebook.

WATCH: Entire N.J. high school stars in lip-syncing viral video

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Livingston high school showed off its diverse offerings - and a whole lot of school spirit - in the student-produced video. Watch video

LIVINGSTON -- What started as two teens' idea for a school project has turned into a viral video featuring their entire high school's student body, the principal, teachers, and coaches.

In the day since its been posted on YouTube, "Livingston High School Lip Dub" - a video featuring the building's 1,800 pupils lip syncing to pop songs while representing the sports they play, clubs they are in, and an enthused sense of school spirit - has gotten more than 14,500 views.

"We wanted a sense of unity," said Abby Hauptman, one of the two LHS students who wrote and produced the video.

"Even though everybody plays different sports, or is in different clubs or groups, we just wanted to show everyone together, having a great time."

N.J. parents: Recess should be longer, colder

The video follows a new student at LHS, played by Zachary Minion, as he is dropped off by his parents, played by teachers Amy Roter and Charles Raphael. He is bombarded by students suggesting he join different activities at the school, and then is shocked when the student council president and Principal Mark Stern start a lip-syncing party that stretches the entire school's campus.

DSCF2808.jpgAbby Hauptman and Jenna Weiss, who share writing and producing credits, with TV production teacher Jason Daily. (Courtesy Livingston High School) 

"What I fell in love with was the idea that everyone was going to be a part of this," Stern said. He and other administrators had to approve the project before Hauptman and co-creator Jenna Weiss could plan and execute it.

"We didn't even think about how great an experience (filming) it would be. It was really meaningful."

The two students, who are in one of the school's three TV production classes, took about 21 weeks to plan out every aspect of the video, rehearse, plot out filming locations across the school, and edit the final product.

The video, which was shot on March 4, was done in a single take.

"It feels amazing," Weiss said of the reaction the video has garnered from classmates, alum, and community members. And though she said it took a lot of work to get everything coordinated just right, "we just had so much fun with it."

The duo recruited a bunch of other students in their TV class to help out with production. Ethan Ramer and Adia Dauti helped write the script; Frank Sheehan filmed; and the crew included students Molly Greenstone, Justin Stevens, Ethan Ramer, Daniel Berger, Ronan Tattersall, Emily Waldenberg, Lauren Critelli, Sam Sternstein, Lindsay Kantor, Daniella Terry, Emma Giulianti, and Jayne Winner.

The team effort to pull of the video, TV teacher Jason Daily said, was an extraordinary feat.

"They just took this idea and brought it to a professional level," he said.

"I am so proud of what they've done."

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

Happy Birthday, M&M's: A brief history of the N.J. candy

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The chocolates candies that 'melt in your mouth, not in your hand' came on the scene in Newark in 1941.

17,000 Newark children to be tested for lead poisoning

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The announcement comes one week after news that 30 of the city's schools have elevated levels of lead in their water

NEWARK - Some 17,000 children will be tested for potential lead poisoning after high levels of the chemical were found in nearly half of the its schools, officials revealed today.

Newark Department of Health Director Dr. Hanaa Hamdi told members of the City Council Tuesday that the tests will begin with approximately 2,000 toddlers who attend early childhood centers located at the 30 buildings were elevated levels of lead were found.

Once those have been completed, the city will set up a number of sites outside of schools to test the remaining students. Parents who do not wish for their children to be tested will be given the opportunity to opt out, according to Hamdi.

Tracking efforts to stop water contamination 'extremely difficult', Newark school chief says

City spokeswoman Marjorie Harris said the testing will be led by the state Department of Health and Department of Environmental Protection, with the city serving in a supporting role.

The move is the latest attempt to gain a fuller picture of just how children have been affected by the tainted water. Officials have urged calm and caution in the week since it was first revealed, saying the levels found in the schools do not compare to those making national headlines in Flint, Mich.

Central Ward Councilwoman Gayle Chaneyfield Jenkins questioned the plan to prioritize children in the early childhood centers, saying they were more likely to drink prepackaged water or be overseen by an adult when utilizing drinking fountains.

"The teenagers, the young people who regularly walk over to a water fountain themselves....they were the ones drinking directly from the source," she said.

"The fact the city is taking that approach, I have to be critical of it. It's mind-boggling to me."

Hamdi defended the plan, however, saying that children between 1 and 6 were in the most danger if they ingested lead-contaminated water.

"It doesn't mean the other students are not our priority," she said. "If we can look at those toddlers first, we'll be able to gauge whether they're safe or not."

No clear timetable for the testing was offered, but Hamdi said officials with the school district and various faith and community-based organizations had offered their assistance as plans take shape.

Though school officials have acknowledged they have long been aware of potential lead-related risks at many of Newark's aging school buildings, it remains unclear just how long children may have been exposed to the high concentration of lead. On Monday, the city's teachers union released photos of what it claims are expired lead reduction filters in at least 10 of the city's schools.

In response to the council announcement Tuesday, school officials released a statement saying the testing would not impact school operations or instructional time.

"We look forward to learning more about their plan for implementation and partnering with (the city) to get the testing information to our students and families," the statement said.

Students and faculty in the 30 affected schools are depending on bottled water for drinking and cooking. 

Any calls about potential lead poisoning related to water in Newark schools may be directed to the New Jersey Poison Center at (800) 222-1222.  

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

 

N.J. town sacks ex-police chief, seeks $263K paid during suspension

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Former Police Chief Michael Chase, who was fired on March 10, had been suspended for 19-months with pay.

IRVINGTON -- Two months after he was removed from his position atop the Irvington Police Department, township officials have eliminated former police chief Michael Chase from the payroll.

Chase, a 40-year police veteran, was served with termination papers over the weekend. Copies of the documents obtained by NJ Advance Media indicate officials will seek the return of $263,974 in salary from the former chief.

According to the documents, the sum represents the total of salary and other payments delivered to Chase over the course of a 19-month suspension initiated in the wake of an Essex County Prosecutor's Office misconduct investigation.

The firing comes days after the close of long-running hearings into the raft of misconduct charges levied against Chase during that probe.

In a determination issued last week, an arbiter hired by the township to oversee the hearings found evidence Chase did violate department policy by allowing on-duty department personnel to transport his wife's vehicle to a garage for repairs, and recommended his termination.

Attempts to reach Chase and his attorneys for comment were unsuccessful.

Reached Tuesday, Mayor Tony Vauss said the firing brings to a close a long chapter in the township's history. "We now have policies and procedures in place to move the public safety department forward," he said.

While not happy about the firing, Maurice Gattison, president of the Irvington Patrolmen's Benevolent Association, said Tuesday that the department's rank and file is instead "relieved that a person who was himself facing disciplinary charges no longer has control over assigning charges to other officers."

Chase's troubles began in August 2012, when the prosecutor's office placed a monitor over Irvington's Internal Affairs Unit and seized hundreds of documents from the department.

While the probe ended without criminal charges, former police director Joseph Santiago suspended Chase indefinitely--with pay--after the prosecutor's office accused him of quashing a probe into alleged misconduct by his police officer nephew and more than 130 other violations of the Attorney General's guidelines and township police department rules.

In July 2014, Chase was returned to active duty by Vauss, who cited the fact that Chase had during continued to collect his $154,272 annual salary during his suspension.

Chase's tenure as police chief came to an end in January, as the town council eliminated the police chief position, permanently transferring oversight of the day-to-day operations of the township police department to recently appointed township public safety director Tracy Bowers.

On January 28, Chase filed a lawsuit against Vauss, Bowers, and a host of other township officials, claiming $1,000,000 in damages over the legislative maneuverings he said led to the elimination of his position.

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

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