Essex County Prosecutor's Office
Encyclopedia
The Essex County Prosecutor’s Office (ECPO) is the largest and busiest county prosecutor’s
office in the State of New Jersey. It consists of approximately 140 assistant prosecutors (attorneys at law), 160 detectives licensed to carry arms, and 125 support staff.
ECPO presently processes between 16,000 and 20,000 adult defendants charged with criminal acts per year. In addition, between 3,500 and 5,000 juveniles are processed each year through delinquency proceedings. Most of these defendants are arrested and charged by local or county-level law enforcement agencies, but ECPO also originates charges against defendants through its own investigatory units, and via direct indictment by the Essex County Grand Jury (i.e., charges issued directly by the grand jury
and not prior to grand jury review). Between 5,000 and 6,000 adult defendants are indicted in Essex County
each year. Essex County currently accounts for about 18% of all criminal (felony) cases referred to county prosecutors' offices in New Jersey. Approximately 35% of the state’s homicides and 14% of sexual assaults occur in Essex.
. The Prosecutor serves as the Chief Law Enforcement Officer in the county. County Prosecutors in New Jersey are appointed by the Governor
for a term of five years, and must be affirmed by the State Senate
. They are not elected to office, as with equivalent positions (e.g., District Attorney or State's Attorney) in other states. County Prosecutors in New Jersey may be reappointed without term limit. The daily operations of the Office of the Essex County Prosecutor are funded mostly through tax revenues collected by Essex County and budgeted by the Board of Chosen Freeholders
, with additional sums garnered from crime forfeitures and from grants made by State and federal agencies.
(superseded by later Constitutions in 1844 and 1947). Under this Constitution, the elected Governor appointed an Attorney General to enforce the laws of the State. The Attorney General in turn appointed deputies for the various counties, including Essex, to enforce the criminal laws on behalf of the local populace. In 1822, the New Jersey General Assembly passed an act authorizing a more independent Prosecutor of Pleas for each county, to be appointed by the Court of Quarter Session once every five years. A few years later, the Governor was given the authority to appoint each county’s Prosecutor of Pleas.
On February 20, 1829, Amzi Dodd became the first governor-appointed Prosecutor of Pleas for Essex County. The earliest record of a prosecution by Prosecutor Dodd involves “a nuisance in suffering the water to stagnate and become offensive in the old burying ground” in Newark.
The first Prosecutor of Pleas worked alone, but by 1877 the Prosecutor required the help of a First Assistant. As Essex County grew and matters became more complex, the Office of the Prosecutor grew in size. By 1922, Essex County Prosecutor John O. Bigelow employed 28 men, including three Assistant Prosecutors, two Detective Captains, two Lieutenants, and various detectives and clerks. In the 1920s and 30’s, cases involving gambling, organized crime and official corruption were growing in number. In October 1935, the nationally-known organized crime figure Dutch Schultz
was shot at the Palace Chop House in Newark. Although the prime suspect was found hanged soon after the incident, the Office continued its investigation and identified Schultz’s real shooter who pled guilty to the murder in 1940.
By 1945, the Office still had only three Assistant Prosecutors, despite a growing number of murder and gambling cases. In 1951, Prosecutor Edward Gaulkin gained attention by successfully prosecuting four men charged with conspiracy, extortion and bribery in the Newark milk scandal case. In 1959, New Jersey Governor Robert B. Meyner
nominated Brendan T. Byrne
of West Orange as the 25th Prosecutor of Essex County. Prosecutor (and later Governor) Byrne served the Office until 1967. By 1962, there were 16 Assistant Prosecutors, most of whom were part-time employees. Shortly thereafter, the first female Assistant Prosecutor was appointed. Also during Byrne’s tenure, the “Charlie Squad” was formed, a name coined after members of the public were urged to report illegal gambling by calling a dedicated phone number.
Shortly after Prosecutor Byrne left the Office in 1967, the City of Newark
experienced a violent week-long civil disturbance
, which heralded long-term social and economic change in Essex County. These transformations challenged future Prosecutors to respond to changing patterns of crime, including increased violent crime rates and increased narcotics-related crime. By 1973, the legal staff numbered 63 lawyers, all full-time. County Investigators were increasingly selected from the ranks of experienced local police officers. Under Prosecutor George Schneider (Prosecutor from 1981 to 1986), the number of Assistant Prosecutors exceeded 100. Increasing resources were also dedicated to special squads. The Homicide Squad was expanded and a Narcotics Section, which at first was a joint task force with the Sheriff’s Office, was created. Eventually specialized units were established in Child Abuse, Sex Assault, Arson, Domestic Violence, Megan’s Law, Gangs, and Economic Crime and Corruption.
In 1986, Governor Thomas Kean
appointed the first African-American Prosecutor in Essex County (and only the second in the State of New Jersey), Herbert H. Tate, Jr. Computerization of the Office was begun and continued in stages throughout the terms of Prosecutor Tate and his successor, Prosecutor Clifford J. Minor. Also during this time, ECPO also established a Victim Witness Advocacy Office to help crime victims and witnesses cope with the disruption that crime and participation in the criminal justice system can bring.
In January, 1998, the first female Prosecutor, Patricia Hurt, was appointed by Governor Christie Todd Whitman. Prosecutor Hurt's tenure was affected by allegations of managerial and fiscal irregularities, and in July 1999, Governor Whitman dismissed Hurt and appointed Acting Prosecutor Donald Campolo from the State Division of Criminal Justice. A variety of other personnel from the State Attorney General's Office helped Campolo oversee ECPO operations for several years. However, in 2003, N.J. Governor James McGreevey
appointed Paula T. Dow as Acting Prosecutor and effectively ended State oversight of the Office's daily functioning. In June, 2005, Governor Richard Codey
swore Dow to the office of Essex County Prosecutor.
To respond to increased incidence of witness harassment by street gangs since 2002, ECPO has stepped up its witness protection efforts, and has opened a modern 15000 square feet (1,393.5 m²) crime scene office to replace a small, outdated facility. The new facility features a forensic processing room, digital photo processing room and a drying chamber designed to process and package blood-soaked evidence. Its computer system is linked to the N.J. Automated Fingerprint Identification System (AFIS) to identify and match fingerprint evidence. Computer software allows detectives to visually reconstruct crime scenes. In addition to investigating homicides, shootings and sex crimes, the ECPO Crime Scene Unit is able to assist county police departments in burglaries and other criminal investigations.
Also during Prosecutor Dow's tenure, the process of handling most criminal cases after arrest and bail-setting was revised from a "horizontal" structure involving separate departments handling initial evaluation ("screening"), grand jury presentation, and trial or plea negotiation, to a "vertical" structure where one team of assistant prosecutors and support staff handles a case from start to finish. By early 2008, the "vertical trial units" handled most cases, although some cases continue to be handled partly or entirely by the special investigatory units dedicated to arson, sexual assault, domestic violence, narcotics, economic corruption and gang-related cases.
in Maplewood, NJ
was arrested on allegations of sexually abusing children. The Essex County Prosecutor's Office helped to investigate the case and brought forth an indictment against Ms. Michaels, setting the stage for a trial. In 1988, the trial jury found Ms. Michaels guilty. However, the Appellate Division of the N.J. Superior Court overturned this verdict citing to a variety of improper prosecutorial practices, and required a new trial. After the N.J. Supreme Court affirmed this decision in 1994, ECPO dropped the indictment against Ms. Michaels.
In 1989, a sexual assault case was brought by ECPO against four high school athletes from Glen Ridge, NJ
, who were convicted in 1993 for victimizing a 17 year-old mentally retarded woman. Three were convicted of aggravated sexual assault, and the fourth was convicted on one count of conspiracy. This case was the subject of a popular book, a TV movie, and an episode on the TV show “Law & Order.”
In April, 1999, during Prosecutor Hurt's tenure, the ECPO participated in the investigation of the shooting death of Orange, NJ
Police Officer Joyce Carnegie. Both ECPO and the local police were criticized for the arrest of two suspects, the first alleged to have been held wrongly because of the failure to interview a key alibi witness, and to have been physically mistreated while in custody. A second suspect, Earl Faison, died while in the custody of local police. Five Orange Police Officers were later indicted by a federal grand jury and convicted for violating Faison's civil rights. Another suspect, Condell Woodson, pled guilty to Carnegie's murder and was sentenced to life in prison in June, 1999.
In January, 2000, a fire occurred in the Boland Hall
dormitory of Seton Hall University
in South Orange, NJ
that caused the deaths of three students and the injuries of 58 students. Two University students were charged with murder and a variety of other counts after being indicted by the Essex County Grand Jury in 2003. In 2007, after years of detailed investigation, Joseph LePore and Sean Ryan were sentenced to five years in prison under a plea agreement. Some local commentators criticized Prosecutor Dow regarding her Office's handling of the case, citing delays and the fact that murder charges had been dropped. However, there were no direct witnesses, and all evidence in this case was forensic, circumstantial or hearsay in nature.
In January, 2003, the mumified remains of 7-year old Faheem Williams were found by an ECPO detective in the basement of an apartment rented by Sherry Murphy, cousin of the dead child's mother. Two related children were found there alive but in a malnourished state. In September, 2005, Ms. Murphy plead guilty to charges of aggravated assault, criminal restraint and endangering the welfare of a child. Ms. Murphy's son Wesley also plead to a reckless endangerment charge for the "wrestling" incident during which Faheem Williams died, some four months before being found.
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
office in the State of New Jersey. It consists of approximately 140 assistant prosecutors (attorneys at law), 160 detectives licensed to carry arms, and 125 support staff.
ECPO presently processes between 16,000 and 20,000 adult defendants charged with criminal acts per year. In addition, between 3,500 and 5,000 juveniles are processed each year through delinquency proceedings. Most of these defendants are arrested and charged by local or county-level law enforcement agencies, but ECPO also originates charges against defendants through its own investigatory units, and via direct indictment by the Essex County Grand Jury (i.e., charges issued directly by the grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
and not prior to grand jury review). Between 5,000 and 6,000 adult defendants are indicted in Essex County
Essex County, New Jersey
Essex County is a county located in the northeastern part of the U.S. state of New Jersey. As of the United States 2010 Census, the population was 783,969, ranking it third in the state after Bergen County and Middlesex County; Essex County's population has declined from 786,147 as of the bureau's...
each year. Essex County currently accounts for about 18% of all criminal (felony) cases referred to county prosecutors' offices in New Jersey. Approximately 35% of the state’s homicides and 14% of sexual assaults occur in Essex.
The Essex County Prosecutor
The position of Essex County Prosecutor was established by the Constitution of the State of New JerseyNew Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
. The Prosecutor serves as the Chief Law Enforcement Officer in the county. County Prosecutors in New Jersey are appointed by the Governor
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
for a term of five years, and must be affirmed by the State Senate
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
. They are not elected to office, as with equivalent positions (e.g., District Attorney or State's Attorney) in other states. County Prosecutors in New Jersey may be reappointed without term limit. The daily operations of the Office of the Essex County Prosecutor are funded mostly through tax revenues collected by Essex County and budgeted by the Board of Chosen Freeholders
Board of Chosen Freeholders
In New Jersey, the Boards of Chosen Freeholders are the county legislatures in each of that state's 21 counties.- Origin :New Jersey's system of naming county legislators "freeholders" is unique in the United States...
, with additional sums garnered from crime forfeitures and from grants made by State and federal agencies.
History
In 1776, the State of New Jersey ratified its first ConstitutionNew Jersey State Constitution
The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. In addition to three British Royal Charters issued for East Jersey, West Jersey and united New Jersey while they were still colonies, the state has been governed by three constitutions...
(superseded by later Constitutions in 1844 and 1947). Under this Constitution, the elected Governor appointed an Attorney General to enforce the laws of the State. The Attorney General in turn appointed deputies for the various counties, including Essex, to enforce the criminal laws on behalf of the local populace. In 1822, the New Jersey General Assembly passed an act authorizing a more independent Prosecutor of Pleas for each county, to be appointed by the Court of Quarter Session once every five years. A few years later, the Governor was given the authority to appoint each county’s Prosecutor of Pleas.
On February 20, 1829, Amzi Dodd became the first governor-appointed Prosecutor of Pleas for Essex County. The earliest record of a prosecution by Prosecutor Dodd involves “a nuisance in suffering the water to stagnate and become offensive in the old burying ground” in Newark.
The first Prosecutor of Pleas worked alone, but by 1877 the Prosecutor required the help of a First Assistant. As Essex County grew and matters became more complex, the Office of the Prosecutor grew in size. By 1922, Essex County Prosecutor John O. Bigelow employed 28 men, including three Assistant Prosecutors, two Detective Captains, two Lieutenants, and various detectives and clerks. In the 1920s and 30’s, cases involving gambling, organized crime and official corruption were growing in number. In October 1935, the nationally-known organized crime figure Dutch Schultz
Dutch Schultz
Dutch Schultz was a New York City-area Jewish American gangster of the 1920s and 1930s who made his fortune in organized crime-related activities such as bootlegging alcohol and the numbers racket...
was shot at the Palace Chop House in Newark. Although the prime suspect was found hanged soon after the incident, the Office continued its investigation and identified Schultz’s real shooter who pled guilty to the murder in 1940.
By 1945, the Office still had only three Assistant Prosecutors, despite a growing number of murder and gambling cases. In 1951, Prosecutor Edward Gaulkin gained attention by successfully prosecuting four men charged with conspiracy, extortion and bribery in the Newark milk scandal case. In 1959, New Jersey Governor Robert B. Meyner
Robert B. Meyner
Robert Baumle Meyner of Phillipsburg, New Jersey was an American Democratic Party politician, who served as the 44th Governor of New Jersey, from 1954 to 1962...
nominated Brendan T. Byrne
Brendan Byrne
Brendan Thomas Byrne is an American Democratic Party politician from New Jersey, who served as the 47th Governor of New Jersey, from 1974 to 1982.-Early life and education:...
of West Orange as the 25th Prosecutor of Essex County. Prosecutor (and later Governor) Byrne served the Office until 1967. By 1962, there were 16 Assistant Prosecutors, most of whom were part-time employees. Shortly thereafter, the first female Assistant Prosecutor was appointed. Also during Byrne’s tenure, the “Charlie Squad” was formed, a name coined after members of the public were urged to report illegal gambling by calling a dedicated phone number.
Shortly after Prosecutor Byrne left the Office in 1967, the City of Newark
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...
experienced a violent week-long civil disturbance
1967 Newark riots
The 1967 Newark riots were a major civil disturbance that occurred in the city of Newark, New Jersey between July 12 and July 17, 1967. The six days of rioting, looting, and destruction left 26 dead and hundreds injured.-Social unrest:...
, which heralded long-term social and economic change in Essex County. These transformations challenged future Prosecutors to respond to changing patterns of crime, including increased violent crime rates and increased narcotics-related crime. By 1973, the legal staff numbered 63 lawyers, all full-time. County Investigators were increasingly selected from the ranks of experienced local police officers. Under Prosecutor George Schneider (Prosecutor from 1981 to 1986), the number of Assistant Prosecutors exceeded 100. Increasing resources were also dedicated to special squads. The Homicide Squad was expanded and a Narcotics Section, which at first was a joint task force with the Sheriff’s Office, was created. Eventually specialized units were established in Child Abuse, Sex Assault, Arson, Domestic Violence, Megan’s Law, Gangs, and Economic Crime and Corruption.
In 1986, Governor Thomas Kean
Thomas Kean
Thomas Howard Kean is an American Republican Party politician, who served as the 48th Governor of New Jersey from 1982 to 1990. Kean is best known globally, however, for his 2002 appointment as Chairman of the National Commission on Terrorist Attacks Upon the United States, widely known as the...
appointed the first African-American Prosecutor in Essex County (and only the second in the State of New Jersey), Herbert H. Tate, Jr. Computerization of the Office was begun and continued in stages throughout the terms of Prosecutor Tate and his successor, Prosecutor Clifford J. Minor. Also during this time, ECPO also established a Victim Witness Advocacy Office to help crime victims and witnesses cope with the disruption that crime and participation in the criminal justice system can bring.
In January, 1998, the first female Prosecutor, Patricia Hurt, was appointed by Governor Christie Todd Whitman. Prosecutor Hurt's tenure was affected by allegations of managerial and fiscal irregularities, and in July 1999, Governor Whitman dismissed Hurt and appointed Acting Prosecutor Donald Campolo from the State Division of Criminal Justice. A variety of other personnel from the State Attorney General's Office helped Campolo oversee ECPO operations for several years. However, in 2003, N.J. Governor James McGreevey
Jim McGreevey
James Edward "Jim" McGreevey is an American Democratic politician. He served as the 52nd Governor of New Jersey from January 15, 2002, until he resigned from office at 11:59 pm on November 15, 2004. His term was set to expire on January 17, 2006...
appointed Paula T. Dow as Acting Prosecutor and effectively ended State oversight of the Office's daily functioning. In June, 2005, Governor Richard Codey
Richard Codey
Richard James Codey is an American Democratic Party politician who served as the 53rd Governor of New Jersey from November 2004 to January 2006. He has served in the New Jersey Senate since 1981 and served as the President of the Senate from 2002 to January 2010. He represents the 27th Legislative...
swore Dow to the office of Essex County Prosecutor.
Recent developments
Since the year 2000, the Essex County Prosecutor's Office has responded to increased auto theft, narcotics and youth gang activity through the formation of special task forces in conjunction with federal, state and multi-state law enforcement agencies. During this time, ECPO also completed a second generation of computerization complete with e-mail and Internet access and increased its outreach to the public through its newly-established Community Justice Program and its public web site. ECPO also established a fatal vehicle collision investigation unit, and a program to assure humane treatment and accurate evidence collection from the victims of sexual assault.To respond to increased incidence of witness harassment by street gangs since 2002, ECPO has stepped up its witness protection efforts, and has opened a modern 15000 square feet (1,393.5 m²) crime scene office to replace a small, outdated facility. The new facility features a forensic processing room, digital photo processing room and a drying chamber designed to process and package blood-soaked evidence. Its computer system is linked to the N.J. Automated Fingerprint Identification System (AFIS) to identify and match fingerprint evidence. Computer software allows detectives to visually reconstruct crime scenes. In addition to investigating homicides, shootings and sex crimes, the ECPO Crime Scene Unit is able to assist county police departments in burglaries and other criminal investigations.
Also during Prosecutor Dow's tenure, the process of handling most criminal cases after arrest and bail-setting was revised from a "horizontal" structure involving separate departments handling initial evaluation ("screening"), grand jury presentation, and trial or plea negotiation, to a "vertical" structure where one team of assistant prosecutors and support staff handles a case from start to finish. By early 2008, the "vertical trial units" handled most cases, although some cases continue to be handled partly or entirely by the special investigatory units dedicated to arson, sexual assault, domestic violence, narcotics, economic corruption and gang-related cases.
High Profile Cases
The Essex County Prosecutor's Office has been involved in a variety of high-profile cases that gained national attention over the past twenty five years. In 1985, Kelly Michaels, a child care worker at the Wee Care Nursery SchoolWee Care Nursery School
The Wee Care Nursery School was in Maplewood, New Jersey and was one of many day care child abuse cases that went to trial in the 1980s. Though initially successful in its prosecution of Margaret Kelly Michaels, the decision was overturned after five years in prison, on the basis of improper and...
in Maplewood, NJ
Maplewood, New Jersey
Maplewood is a township in Essex County, New Jersey, United States. As of the 2010 United States Census, the township population was 23,867.-History:...
was arrested on allegations of sexually abusing children. The Essex County Prosecutor's Office helped to investigate the case and brought forth an indictment against Ms. Michaels, setting the stage for a trial. In 1988, the trial jury found Ms. Michaels guilty. However, the Appellate Division of the N.J. Superior Court overturned this verdict citing to a variety of improper prosecutorial practices, and required a new trial. After the N.J. Supreme Court affirmed this decision in 1994, ECPO dropped the indictment against Ms. Michaels.
In 1989, a sexual assault case was brought by ECPO against four high school athletes from Glen Ridge, NJ
Glen Ridge, New Jersey
Glen Ridge is a borough in Essex County, New Jersey, United States. As of the 2010 United States Census, the borough population was 7,527. In 2010, Glen Ridge was ranked as the 38th Best Place to live by New Jersey Monthly magazine....
, who were convicted in 1993 for victimizing a 17 year-old mentally retarded woman. Three were convicted of aggravated sexual assault, and the fourth was convicted on one count of conspiracy. This case was the subject of a popular book, a TV movie, and an episode on the TV show “Law & Order.”
In April, 1999, during Prosecutor Hurt's tenure, the ECPO participated in the investigation of the shooting death of Orange, NJ
Orange, New Jersey
The City of Orange is a city and township in Essex County, New Jersey, United States. As of the 2010 United States Census, the township population was 30,134...
Police Officer Joyce Carnegie. Both ECPO and the local police were criticized for the arrest of two suspects, the first alleged to have been held wrongly because of the failure to interview a key alibi witness, and to have been physically mistreated while in custody. A second suspect, Earl Faison, died while in the custody of local police. Five Orange Police Officers were later indicted by a federal grand jury and convicted for violating Faison's civil rights. Another suspect, Condell Woodson, pled guilty to Carnegie's murder and was sentenced to life in prison in June, 1999.
In January, 2000, a fire occurred in the Boland Hall
Boland Hall Fire
The Boland Hall fire was a fatal fire in Boland Hall, a freshman residence hall on the Seton Hall University campus in South Orange, New Jersey, United States on January 19, 2000. Three students died and many more were injured. It was one of the deadliest college fires in recent U.S...
dormitory of Seton Hall University
Seton Hall University
Seton Hall University is a private Roman Catholic university in South Orange, New Jersey, United States. Founded in 1856 by Archbishop James Roosevelt Bayley, Seton Hall is the oldest diocesan university in the United States. Seton Hall is also the oldest and largest Catholic university in the...
in South Orange, NJ
South Orange, New Jersey
-Demographics:As of the census of 2000, there were 16,964 people, 5,522 households, and 3,766 families residing in the township. The population density was 5,945.3 people per square mile . There were 5,671 housing units at an average density of 1,987.5 per square mile...
that caused the deaths of three students and the injuries of 58 students. Two University students were charged with murder and a variety of other counts after being indicted by the Essex County Grand Jury in 2003. In 2007, after years of detailed investigation, Joseph LePore and Sean Ryan were sentenced to five years in prison under a plea agreement. Some local commentators criticized Prosecutor Dow regarding her Office's handling of the case, citing delays and the fact that murder charges had been dropped. However, there were no direct witnesses, and all evidence in this case was forensic, circumstantial or hearsay in nature.
In January, 2003, the mumified remains of 7-year old Faheem Williams were found by an ECPO detective in the basement of an apartment rented by Sherry Murphy, cousin of the dead child's mother. Two related children were found there alive but in a malnourished state. In September, 2005, Ms. Murphy plead guilty to charges of aggravated assault, criminal restraint and endangering the welfare of a child. Ms. Murphy's son Wesley also plead to a reckless endangerment charge for the "wrestling" incident during which Faheem Williams died, some four months before being found.
External links
- Essex County Prosecutors Office
- Newark Star-Ledger Newspaper, 2006 Report on ECPO Homicide Case performance
- New York Times article, Essex County Prosecutor Patricia Hurt Dismissed
- University of Penn Alumni Journal, Profile, Essex County Prosecutor Paula T. Dow
- New Jersey State Police, Annual Uniform Crime Reports
- NY Times, ECPO Ends Kelly Michaels Case
- NY Times, Faheem Williams Found Dead