What they don't want you to know about the criminal justice system in Sussex County, New Jersey...
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The New Jersey Department of Corrections
Tom was hired as a corrections officer with the New Jersey Department of Corrections on February 17, 1996. He was immediately assigned to work at Mountainview Youth Correctional Facility (MYCF), located in Annandale, NJ.
On February 20, 1996, Tom took the Oath of Office for the NJDOC swearing to support the Constitution of the United States and the Constitution of the State of New Jersey. Tom has taken this oath many times in service of his community, state, and nation. Tragically, this oath has been largely ignored by officials involved in the prosecution of Tom.
Tom continued working at Mountainview following the March 14, 1996 midnight police raid- that had been conducted by the Newton and Stillwater Police Departments- in his home until the date of his arrest, March 27, 1996.
At approximately 1740 HRS on March 14, 1996 Newton Police Detective Sergeant Anthony Virga faxes confidential documentation to MYCF Sgt. Schubert in order to destroy Tom's career. Detective Virga's action was in direct violation of NJ Code of Criminal Justice Chapter 2C:25-33, which states:
"All records maintained pursuant to this act shall be confidential and shall not be made available to any individual or institution except as otherwise provided by law."
Tom had contacted PBA Local 105 Representative Scott Kately and PBA Local 105 Attorney Robert A. Fagella following the unconstitutional search and seizure at his home in search of legal assistance. Tom was denied any support of legal representation from the PBA. The PBA stated that they would not provide assistance to Tom because the allegations were not work related. Ironically, NJDOC's sister agency, the NJ Department of Labor, denied Tom unemployment benefits following his April 1 suspension without pay, stating that he was not eligible due to work-related misconduct!
On March 29, 1996, Tom was suspended with pay from the NJ Department of Corrections pending adjudication of the Loudermill Hearing.
On April 1, 1996, Tom attended a Pretermination/Loudermill Hearing where he was suspended without pay from the New Jersey Department of Corrections. NJDOC Department Designee L. Pete Love stated that "The evidence presented supports the charges and suspension without pay".
On June 16, 1997 NJDOC Personnel Assistant Maureen Scott mails Tom documentation regarding the new Federal law (Lautenberg Act), which now makes it unlawful for any person who has a prior conviction for a "misdemeanor crime of domestic violence" to possess firearms. As an active member of the NJ Department of Corrections, Tom was required to complete a Federal Firearms Qualification Inquiry and submit it to the NJ Department of Corrections.
On July 11, 1997, Tom received a Preliminary Notice of Disciplinary Action recommending his removal from the NJ Department of Corrections. In this Notice, it was incorrectly stated that Tom had pled guilty to the charge of simple assault. Indeed, it was the Sussex County Prosecutor's Office who had faxed this false information to NJDOC that incorrectly stated that Tom had pled guilty. Recall, too, that it was Sussex County Assistant Prosecutor Vincent Connors, Jr. that had wrongfully dropped Tom's complaint and intentionally sought out Tom's wrongful conviction. Are you following along? Sussex County Justice! Tom filed an Appeal of Major Disciplinary Action with Mountainview Youth Correctional Facility indicating that he had never pled guilty, but had been wrongfully convicted and had since filed an appeal.
On September 19, 1997, Tom attended a Disciplinary Hearing at MYCF where management insisted that he had pled guilty to simple assault. It was managements recommendation that Tom be removed from the NJ Department of Corrections. Tom was thereafter removed from the NJ Department of Corrections based upon the patently false specification that Tom had pled guilty to the charge of simple assault. See Hearing Decision prepared by Hearing Officer Russell E. Henry. On October 9, 1997, Tom was officially removed from the NJ Department of Corrections.
Case Update- In a nutshell, Tom was forced to retain counsel who specializes in civil service employment as a consequence of the egregious and collaborative efforts of Sussex County Justice officials. Incredibly, not only had the Sussex County Justice officials wrongfully convicted Tom of the "cover charges" that they had placed- they had also falsely informed the NJDOC that he had pled guilty! They had maliciously hindered a later successful appeal of this wrongful conviction. They had engaged in every unscrupulous act possible to cover up their own illegal conduct. Indeed, after their exposure on this website, the very same "cover charges" that Tom had been removed from the Department of Corrections for pleading guilty to had been dismissed! Yet Tom currently remains terminated from the NJDOC for a "guilty plea" that had never been rendered! Today, Tom continues seeking to reclaim his position with the New Jersey Department of Corrections. The case of Cassidy v. Mountainview Youth Correctional Facility now resides in the hands of the State of New Jersey, Office of Administrative Law.