Albert Sutterlin, a retired Bloomfield police officer, took the witness stand on Wednesday at the trial of Officers Sean Courter and Orlando Trinidad
NEWARK -- In the early morning hours of June 7, 2012, Albert Sutterlin assisted fellow Bloomfield Police Officers Sean Courter and Orlando Trinidad in arresting a man after a motor vehicle stop on the Garden State Parkway.
On Wednesday, Sutterlin, now retired, sat across from Courter and Trinidad in a Newark courtroom where he testified against his former colleagues at their trial on charges related to the arrest of Marcus Jeter. The two officers are accused of making false statements in police reports about the incident.
About two years after Sutterlin pleaded guilty to falsifying or tampering with records, he testified as a witness for the state that he included information in his police reports about incident details that he had not witnessed.
Sutterlin said he received those details from Courter and Trinidad, including their claims that Jeter tried to grab Courter's gun and that he struck Trinidad.
"I didn't see it, no" Sutterlin told Essex County Assistant Prosecutor Betty Rodriguez, referring at one point to the allegation Jeter tried to disarm Courter.
"Had you seen Mr. Jeter hit Officer Trinidad?" Rodriguez asked Sutterlin.
"No, ma'am," he replied.
But on cross-examination by the defense attorneys, Sutterlin said no one had told him to lie about the incident or talked to him about making up a story. Sutterlin said he included the other officers' versions of events in his reports, but that he had not seen the moments in question. At the time he wrote the reports, Sutterlin said he did not believe they were false.
During questioning by Courter's attorney, Charles Clark, Sutterlin acknowledged he does not know whether Jeter struck Trinidad and tried to disarm Courter, since he wasn't in a position to see those alleged incidents.
"So you don't know what really happened, is that right? With those two incidents?" Clark asked Sutterlin.
"Correct," Sutterlin replied.
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Following the incident, Jeter was charged with eluding, attempting to disarm a police officer, resisting arrest and aggravated assault.
Courter and Trinidad claimed in police reports that Jeter had tried to grab Courter's gun while Courter was trying to remove him from the vehicle, and that Jeter had hit Trinidad. Jeter, 31, has testified he had his "hands up" the whole time and said he never tried to disarm Courter and did not strike Trinidad.
Prosecutors initially only had the police dashboard video from Courter's vehicle. After prosecutors later reviewed the video from Trinidad's vehicle, they determined that video was inconsistent with the officers' police reports. For example, prosecutors claim Courter lied about Jeter trying to disarm him, because the video shows Jeter's hands were raised the entire time.
As a result, the charges against Jeter were dropped and Courter, 35, of Englishtown, and Trinidad, 34, of Bloomfield, were charged with official misconduct, conspiracy, tampering with records, and false swearing. Trinidad also is charged with aggravated assault for striking Jeter during the incident.
Courter and Trinidad have been suspended without pay from their positions.
Bloomfield police officer, Orlando Trinidad looks over his shoulder as retired Capt. Sean Schwindt, of the Bloomfield Police Department, testifies in regard to police pursuit guidelines. Newark, NJ 10/21/15 (Robert Sciarrino | NJ Advance Media for NJ.com) Sutterlin, who retired in May 2013, pleaded guilty in October 2013, and is awaiting sentencing. In exchange for his guilty plea, prosecutors have agreed to recommend that Sutterlin receive a term of probation. As part of the deal, Sutterlin also agreed to provide truthful testimony against Courter and Trinidad.
In pleading guilty, Sutterlin admitted to making false statements in his reports by citing the incident details he had not witnessed.
During Sutterlin's testimony on Wednesday, Clark asked him whether he accepted the plea agreement, because he was facing possible jail time unless he pleaded guilty. Sutterlin said that issue was "part of it."
When questioned by Trinidad's attorney, Frank Arleo, Sutterlin acknowledged he is able to receive a pension, because he retired before pleading guilty. Public records show Sutterlin receives a monthly pension of nearly $5,456.
The case began when Courter and Sutterlin responded in separate police vehicles to a domestic-related call at Jeter's Bloomfield home. According to Sutterlin, when he arrived, Jeter yelled from a window, "come and get me." Jeter has claimed that never occurred.
Soon after the officers arrived, Jeter left the residence. Courter has claimed Jeter was drunk and fled after he had ordered to stop, but Jeter has said he was not drunk and that Courter indicated he could leave the residence.
Courter later stopped Jeter on the Parkway, and Sutterlin said he arrived there soon afterward. Courter drew his handgun and Sutterlin drew a shotgun. Sutterlin testified he used the shotgun, because it is a "psychological tool used to help motivate people to calm down."
Trinidad arrived at the scene and struck the front of Jeter's car with his patrol vehicle. After getting approval from his supervisor, Courter ultimately broke the driver's side window and removed Jeter from the vehicle.
Before preparing reports about the incident, Sutterlin said he consulted with Courter and Trinidad about what to write. Sutterlin asserted it was not unusual for officers to discuss cases in such a manner.
"I wanted to make sure...that I had the sequence of events correct," Sutterlin said.
In the first report, Sutterlin said he wrote that Jeter tried to grab Courter's gun and that he struck Trinidad. In a second report, Sutterlin also said Jeter hit Trinidad, but he revised the other claim by asserting he heard Courter say Jeter was attempting to grab his gun.
Sutterlin said he also included false information in his second report that he and Trinidad reached into the vehicle to assist Courter in removing Jeter and that he and Trinidad struggled with Jeter to remove his hands from Courter's gun.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.