What they don't want you to know about the criminal justice system in Sussex County, New Jersey...
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The Hindered Appeal from the Wrongful Conviction on Cover Charges
After the sham trial and wrongful conviction, Tom dismissed Attorney William McGovern III and retained the services of Attorney Evan F. Nappen to appeal the wrongful conviction. An appeal was filed on February 21, 1997. Transcripts of the bench trial were requested from Ms. Bee D. Hammett, Court Clerk at the Sussex County Judicial Center on that same day. Despite the fact that there was an appeal in progress, Tom still had to serve a sentence for a crime that he had not committed!
In yet another Sussex County Justice unethical maneuver, it appears that the simple assault trial transcripts were never received by the Appellate Division. Consequently, on July 1, 1997 the Appellate Division had dismissed Tom's appeal of the wrongful conviction! Apparently, Sussex County Justice officials will go to great lengths to deprive citizens of their constitutional rights! Indeed, it was about this very same time that the Sussex County Prosecutor's Office had faxed Tom's previous employer- The New Jersey Department of Corrections- patently false documentation indicating that he had pled guilty to an act of simple assault! Quite clearly, the Sussex County Justice officials have done everything that they possibly can to deprive Tom of his civil rights.
On July 15, 1997 Attorney Evan F. Nappen filed a motion to reinstate the appeal of the wrongful simple assault conviction. Nappen had also written a letter to Sussex County Court Clerk Bee Hammett assuming that the check for simple assault trial transcripts was lost in the mail!
An Order was issued by the Superior Court of New Jersey, Appellate Division on August 11, 1997 reinstating Tom's appeal of the wrongful simple assault conviction.
It was on May 20, 1998 that the Superior Court of New Jersey, Appellate Division had reversed the wrongful simple assault conviction that the Sussex County Justice officials had secured. Moreover, the disorderly person complaint that Tom had filed against DeGennaro-Holley on March 19, 1996 had been reinstated.
On August 3, 1998 Tom appeared in court in front of Judge N. Peter Conforti, J.S.C. once again. This time however, Judge Conforti appeared to have been a bit shaken. He spoke solemnly, his voice uncharacteristically became difficult to hear, his tone quite low. Judge N. Peter Conforti had now recused himself from the case. He ordered the case to now be transferred to Newton Municipal Court. Judge N. Peter Conforti knew that he had facilitated a conspiracy to deprive Tom of his civil rights!
Despite all of the police, prosecutorial, and judicial misconduct thus far encountered, the Sussex County Prosecutor's Office continues to seek to re-convict Tom of the "cover charges" that Newton Police Detective Anthony Virga had filed against Tom on March 27, 1996- two weeks after the Newton and Stillwater Police Departments had conducted an illegal search and seizure in the middle of the night!
Indeed, on October 10, 1998 the Newton Municipal Court had transferred the simple assault cover charges against Tom to the Byram Municipal Court. On October 22, 1998 the Newton Municipal Court sent Tom an order transferring the case to the Sparta Municipal Court stating that the Byram Court was conflicted. Perhaps they felt that they would have better luck re-convicting Tom in Sparta! No, hold on now...on June 2, 1999 the Newton Municipal Court sent Tom a notice to appear in Newton Municipal Court on June 16th. Wait a minute now, folks. Try to stay with us! On June 4, 1999 Tom received a letter from the Newton Municipal Court stating that he was now required to appear at the Hardyston Municipal Court on June 16th. Tom did appear in court in Hardyston on June 16, 1999 where Tom was told that Detective Virga objected to the dismissal of the "cover charges" that he had filed against Tom.
Today, the Sussex County Justice officials continue to pursue another wrongful conviction against Tom for the cover charges that they had filed against him four years ago!
Case Update- Three weeks after the debut of this website, the State dismissed the "cover charges" that remained in place for more than four years.