State v. Bielecki

• Decision Date: 05 October 1984
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. William BIELECKI, Defendant-Appellant.
• Court: New Jersey Superior Court — Appellate Division

Page 332

196 N.J.Super. 332

482 A.2d 527

STATE of New Jersey, Plaintiff-Respondent, v. William BIELECKI, Defendant-Appellant.

Superior Court of New Jersey Appellate Division.

Argued Sept. 25, 1984.

Decided Oct. 5, 1984.

Lewis Stein, Succasunna, for defendant-appellant (Nusbaum, Stein, Goldstein & Bronstein, Succasunna, attorneys; Lewis Stein, Succasunna, on brief).

Larry R. Etzweiler, Deputy Atty. Gen., for plaintiff-respondent (Irwin I. Kimmelman, Atty. Gen., attorney; Larry R. Etzweiler, Deputy Atty. Gen., of counsel and on brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by

SIMPSON, J.A.D.

Defendant appeals from a final order in this action in lieu of prerogative writs removing him from his position as Chief of Police of the Township of Mount Olive pursuant to N.J.S.A. 2A:81-17.2a3 and 2A:81-17.2a4. The trial judge found that defendant admitted violating N.J.S.A. 2C:28-2 by falsely swearing before a State Grand Jury investigating acts of official corruption in the Mount Olive Police Department, and that this was a "... misdemeanor ... relating to his employment or touching the administration of his office or position ...." The operative facts are not in dispute.

The State Grand Jury was investigating alleged misappropriation for personal use by police officers of obsolete or unusable furniture and fixtures that the Warner-Lambert Company made available at no charge to schools, churches, nonprofit organizations and municipalities. The Grand Jury was also investigating alleged improper receipt by police officers of stolen typewriters and furniture that had not been selected by Warner-Lambert for donation to public entities. This case concerns a table and six chairs manufactured by Steelcase Company and found in defendant's dining room.

On April 13, 1983 Chief Bielecki testified before the State Grand Jury. Bielecki had been advised that he was a target of an investigation as to materials obtained from Warner-Lambert through Ernest "Buddy" Rizzio. Bielecki's attorney advised him of his duty to testify pursuant to N.J.S.A. 2A:81-17.2a1. Bielecki exercised his privilege against self-incrimination, and he was granted use immunity pursuant to N.J.S.A. 2A:81-17.2a2. Counsel specifically advised the Chief that the immunity would not exempt him from prosecution or punishment "for perjury or false swearing" committed while testifying. Although N.J.S.A. 2A:81-17.2a2 only refers to perjury, the attorney was obviously aware that this statute had been interpreted to apply to false swearing as well. State v. Mullen, 67 N.J. 134, 137, 336 A.2d 481 (1975). At his first appearance before the State Grand Jury, defendant denied that the table and chairs were obtained from Warner-Lambert through Rizzio. Defendant claimed his wife had brought the furniture to their home following her first marriage. It is unnecessary to detail the evidence proving the falsity of this testimony, except to note that it was extensive.

Perhaps fearing a web of evidence closing in on him, Chief Bielecki testified, at his own request, before the State Grand Jury again on June 8, 1983 "to set the record straight in reference to false testimony [as to] the table and chairs and how I obtained them." He concluded with the statement "... I got defensive and lied as to where and how I got [the table and chairs]." In the removal proceeding the trial judge rejected defendant's contention that the statutory defense of retraction to the crimes of perjury and false swearing, N.J.S.A. 2C:28-1 and 2, precluded his removal from office under N.J.S.A. 2A:81-17.2a 3. While noting that the issue was one of first impression in this State, the judge in his oral opinion concluded

It would be an incongruous [sic] to suggest that a public official, a Chief of Police, a person who is sworn to uphold the law, the chief law enforcement officer of Mount Olive Township, can admit to perjury, recant it and then be immune from any kind of sanction.

Except to note that the crime was actually false swearing, we affirm for the reasons stated by Judge Muir and our additional rejection of the several grounds urged on appeal.

I.

Defendant first contends that the removal statute is not applicable to the facts of this case, and that in any event his admission that he "lied" is insufficient grounds to remove him from office under the statute. There is no merit to these arguments. N.J.S.A. 2A:81-17.2a 3 provides:

Any public employee who admits the commission of a misdemeanor or high misdemeanor relating to his employment or touching the administration of his office or position before any court, grand jury or the State Commission of Investigation shall be subject to removal from such office, position or employment.

On June 8, 1983 the defendant admitted he "lied" on April 13, 1983. On both dates he testified under oath before the same grand jury, with contradictory stories as to his acquisition of the Warner-Lambert Company's table and chairs. Even if his use of the word "lied" is conclusionary, the details he gave, as well as other evidence before the State Grand Jury, proved that he was...