L.C. v. Middlesex Cnty. Prosecutor's Office

• Decision Date: 09 April 2021
• Docket Number: DOCKET NO. A-3654-18
• Parties: L.C., Plaintiff-Appellant, v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE, COUNTY OF MIDDLESEX, NEW JERSEY, BOROUGH OF SAYREVILLE, NEW JERSEY, ANDREW CAREY, Prosecutor, Middlesex County Prosecutor's Office, CHRISTOPHER KUBERIET, 1st Asst. Prosecutor, Middlesex County Prosecutor's Office, DETECTIVE DAVID ABROMAITIS, Investigator/Detective, Middlesex County Prosecutor's Office, SAYREVILLE BOARD OF EDUCATION (BOE), DR. RICHARD LABBE, Superintendent, Sayreville Schools (BOE), MICHAEL MACAGNONE, President, Sayreville Board of Education (BOE), THE BUSCH LAW GROUP, JONATHAN BUSCH, attorney for the Sayreville Board of Education (BOE), ARI SCHNEIDER, attorney for the Sayreville Board of Education (BOE), TERESA RAFFERTY, Piscataway Superintendent of Schools, Defendants-Respondents.
• Court: New Jersey Superior Court — Appellate Division

L.C.¹, Plaintiff-Appellant, v. MIDDLESEX COUNTY PROSECUTOR'S OFFICE, COUNTY OF MIDDLESEX,NEW JERSEY, BOROUGH OF SAYREVILLE, NEW JERSEY, ANDREW CAREY, Prosecutor,Middlesex County Prosecutor's Office, CHRISTOPHER KUBERIET,1st Asst. Prosecutor, Middlesex County Prosecutor's Office, DETECTIVE DAVID ABROMAITIS,Investigator/Detective, Middlesex County Prosecutor's Office, SAYREVILLE BOARD OF EDUCATION (BOE),DR. RICHARD LABBE, Superintendent, Sayreville Schools (BOE),MICHAEL MACAGNONE, President, Sayreville Board of Education (BOE), THE BUSCH LAW GROUP,JONATHAN BUSCH, attorney for the Sayreville Board of Education (BOE), ARI SCHNEIDER,attorney for the Sayreville Board of Education (BOE),TERESA RAFFERTY, Piscataway Superintendent of Schools, Defendants-Respondents.

DOCKET NO. A-3654-18

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Argued March 16, 2021

April 9, 2021

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

Before Judges Haas and Mawla.

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Docket No. L-1292-17.

Kevin T. Flood argued the cause for appellant (Kevin T. Flood and Paul DePetris, on the briefs).

Elisa M. Pagano argued the cause for respondents Andrew Carey, Christopher Kuberiet, and Detective David Abromaitis (Chiesa Shahinian & Giantomasi, PC, attorneys; Matthew E. Beck, Elisa M. Pagano, and Chelsea P. Jasnoff, on the brief).

Keith J. Murphy argued the cause for respondents Dr. Richard Labbe and Michael Macagnone (Gordon Rees Scully Mansukhani, LLP, attorneys; Keith J. Murphy, of counsel and on the brief).

Meredith Kaplan Stoma argued the cause for respondents The Busch Law Group, LLC, Jonathan Busch, and Ari Schneider (Lewis Brisbois Bisgaard & Smith, LLP, attorneys; Meredith Kaplan Stoma and Jeffrey S. Leonard, on the brief).

Michael A. Pattanite, Jr., argued the cause for respondent Teresa Rafferty (Lenox Law Firm, attorneys; Michael A. Pattanite, Jr., on the brief).

PER CURIAM

Plaintiff L.C. appeals from October 5, 2017, July 23, 2018, and March 15, 2019 orders dismissing his complaint for failure to state a claim and a February 23, 2018 order denying reconsideration of the October 5, 2017 order. He also challenges a March 28, 2017 order transferring venue and an April 28, 2017 order denying reconsideration of the venue transfer.

This matter arises from numerous incidents which occurred in the Sayreville War Memorial High School (SHS) locker room in September 2014, involving plaintiff and several other juvenile members of the SHS football team regarding the alleged sexual assault of another juvenile. The Middlesex County Prosecutor's Office (MCPO) investigated the incident and charged plaintiff, then a juvenile, with offenses, which if committed by an adult, would constitute conspiracy to commit aggravated criminal sexual contact, aggravated assault, hazing, riot, and criminal restraint. Several other juveniles on the SHS football team were also charged. MCPO Detective David Abromaitis signed the complaint.

Following the filing of the juvenile complaint and based on the allegations contained in the arrest warrant, SHS suspended plaintiff for violating the Sayreville Board of Education's (SBOE) code of conduct. The day after plaintiff's suspension, his parents received notice of a disciplinary hearing regarding his suspension from the SBOE pursuant to N.J.A.C. 6A:16-7.3. On October 21, 2014, plaintiff's counsel informed SBOE plaintiff waived the time requirement set forth in N.J.A.C. 6A:16-7.3(a)(10)(iii), which requires the SBOE to hold a hearing no later than thirty days following the suspension. As a result, the SBOE adjourned the disciplinary hearing until after the final disposition of the juvenile delinquency matter.

In October 2014, Abromaitis and First Assistant Prosecutor Christopher Kuberiet disclosed the records of the charged juveniles, including plaintiff, to SBOE's attorneys, Jonathan Busch and the Busch Law Group (collectively, the Busch defendants). The Busch defendants thereafter disclosed the records to Dr. Richard Labbe, superintendent of Sayreville schools, and Michael Macagnone, president of the SBOE (collectively, the SBOE defendants).

In April 2015, the MCPO filed a second complaint charging plaintiff with four additional acts of delinquency relating to the original incident. Abromaitis signed the complaint.

On July 1, 2015, plaintiff was adjudicated of offenses, which if committed by an adult, would constitute criminal restraint, simple assault, and disorderly conduct, and acquitted of the remaining offenses. Following a motion for reconsideration, the Family Part judge acquitted plaintiff of criminal restraint on August 7, 2015. In August 2016, the court dismissed the adjudications for simple assault and disorderly conduct.

In the interim, on July 13, 2015, plaintiff, his parents, and his counsel met with Labbe, Busch, and Schneider regarding his return to SHS following his suspension. According to plaintiff's complaint, Labbe, Busch, and Schneider stated they would do everything in their power to prevent his return, and Busch suggested plaintiff transfer out of SHS, advising him that several of the other juveniles charged already accepted offers of transfer. Plaintiff's parents demanded a hearing and the meeting ended.

SBOE notified plaintiff his disciplinary hearing had been rescheduled for August 31, 2015. Prior to the hearing, SBOE filed an emergent application requesting permission to use the audio recordings from plaintiff's juvenile delinquency proceeding at the disciplinary hearing, which the Family Part judge denied.

On August 31, 2015, the MCPO issued a "News Release" relating to the four incidents of misconduct at SHS, between September 9 and September 30, 2014. The release read as follows:

[News Release,] Sayreville football sex abuse investigation drawing to a close [(Aug. 31, 2015)]

Middlesex County Prosecutor Andrew C. Carey announced today that six of seven teenagers charged with sexually assaulting and/or abusing four other teammates at [SHS] have been placed on probationary terms and ordered to each serve [fifty] hours of community service, but will avoid being labeled as Megan's Law sex offenders.

The sentences were imposed in New Brunswick by a Family Court judge after four of the six football players pleaded guilty in Family Court to charges of committing a disorderly persons offense of hazing, and third degree endangering the welfare of their younger fellow teammates. Each of those four defendants was placed on probation for two years.

The two others were placed on one-year probationary terms after they were adjudicated delinquent following a trial in Family Court. A seventh juvenile defendant is awaiting a trial in Family Court. No trial date has been set.

Prosecutor Carey said that while these juveniles were charged with serious sexual offenses, the cases were resolved in accordance with juvenile laws and in the best interests of the juvenile defendants, the victims and their families. As part of the plea agreements, the [MCPO] did not pursue the imposition of mandatory sex offender registration required under Megan's Law.

"As was previously disclosed, the [MCPO] determined that the defendants would not be tried as adults and that the Middlesex County Family Court remains the proper venue for these cases," Prosecutor Carey said. "While the Code of Juvenile Justice provides confidentiality for the protection of juveniles, that confidentiality, unfortunately, allows for certain individuals to unscrupulously mislead the public as to what occurred at the school and during juvenile proceedings."

. . . .

"The facts that were alleged by the [MCPO] at the beginning of this case have clearly been proven in a court of law. The community of Sayreville needs to know that these serious crimes occurred, and now must work together to heal. I thank those who went to extraordinary lengths throughout the proceedings to protect the rights of the victims, the juvenile delinquents, and the families of those involved," Prosecutor Carey said.

The four juvenile defendants who have pleaded guilty have been ordered to provide truthful testimony against their co-defendants, and were ordered to have no contact with the victims.

In addition, one of them was placed on curfew while serving his two year probationary term.

As part of the plea agreements, the [MCPO] did not insist on having these juvenile defendants registered as Megan's Law offenders. The decision was reached after the [MCPO] obtained input from the victims and their families.

The two other juvenile defendants who were adjudicated delinquent on July 1, 2015, stood trial in a closed Family Court trial. Both of them were placed on probation for one year and were ordered to serve [fifty] hours of community service.

During the trial, the high school principal testified as a character witness for both of the juvenile defendants, despite having no personal knowledge of the assaults and abuses that occurred in the high school locker room.

One of the trial defendants was deemed delinquent on charges of a disorderly persons simple assault, disorderly conduct, hindering his own apprehension by lying to police and hindering the apprehension of his co-defendants by lying to police. He also was found delinquent on counts of obstruction and false swearing. The majority of the offenses would have been considered fourth degree indictable offenses, if they had been committed by an adult.

. . . .

The other juvenile tried in Family Court was found delinquent on a disorderly persons simple assault charge, and a petty disorderly persons count of engaging in disorderly conduct for his role in the hazing and sexual conduct.

Initially, the Family Court judge had adjudicated them

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