Former chief ethics officer for the Passaic Valley Sewerage Commission convicted in 2014 of using public workers to fix up his mother's house to get a new trial.
TRENTON--A state appeals court Tuesday granted a new trial to a former top executive of the Passaic Valley Sewerage Commission, who argued his conviction on charges of official misconduct had been tainted from the start.
Attorneys for Anthony Ardis, the PVSC's one-time chief ethics officer, called for a new trial after lawyers for his co-defendant in the case--Paul Bazela, an operations supervisor for the commission--told the jury that Ardis had directed the use of agency carpenters and others to do home fix-up work for friends and family while they were on the clock.
During opening arguments in the 2014 trial in Passaic County, Bazela's lawyer declared "the reason that we're here today is because someone is too cheap to do this work privately."
At the same time, the appellate court denied Bazela's separate request for a new trial.
Attorneys for both men did not immediately return calls for comment.
The case grew out of a state investigation after a series of stories in The Star-Ledger detailing widespread abuse, sweetheart deals and unchecked patronage at the public authority, which serves more than 1.3 million people, handling the sewage of 48 communities in Essex, Bergen, Passaic and Hudson counties.
According to the state Attorney General's Office, Ardis and Bazela put PVSC employees to work from 2007 to 2010 on a wide variety of home improvements on agency time, using the commission's vehicles and equipment--including repairs and electrical work at the home of Ardis' mother and the installation of an air conditioner for his girlfriend--without paying them. Officials said Bazela accompanied the workers in some instances to supervise and assist with the projects.
Ardis, who served as director of management services and clerk to the board, was being paid $214,000 a year before losing his job following his arrest. Bazela, who was paid $109,600 a year before he was terminated, served as mayor of Northvale in Bergen County.
Both were found guilty of third-degree official misconduct, third-degree conspiracy, third-degree theft, and third-degree pattern of official misconduct.
Soon after their conviction, however, Superior Court Judge Joseph Portelli in Paterson granted a defense request that they both be retried, saying their cases should have been heard separately. The state Attorney General's office appealed.
In an opinion handed down Tuesday by Judges Jack Sabatino, Allison Accurso and Amy O'Connor, the appellate panel said it did not discount the strength of the state's proofs or minimize the wrongful natural of a violation of the public trust.
"But the mandate for a fair trail must be paramount before Ardis' conviction can be sustained," they said.
However, they reversed the trial court decision granting a new trail for Bazela as well. "Unlike Ardis, Bazela apparently was willing to participate in a joint trial, perhaps for strategic reasons in the hope that the jury might perceive his PVSC superior Ardis as being the only (or the more) culpable defendant," said the panel.
Addressing the trial court's musings that it might have "painted Bazela into a corner" in regard to rulings that served to discourage him from testifying on his own behalf, the panel said "unlike the highly prejudicial circumstances" concerning Ardis, "the way this trial unfolded and the court's evidentiary rulings did not comparably result in a miscarriage of justice for Bazela."
A spokesman for the Attorney General did not indicate whether they could challenge the decision on Ardis.
"We are pleased with the decision regarding Bazela and are considering our options with regard to the ruling on Ardis," said Peter Aseltine.
Another former high-level PVSC administrator, Kevin Keogh, who pleaded guilty in the case in 2012, is still awaiting sentencing, according to the Attorney general's office.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Find NJ.com on Facebook.
