State v. Coruzzi

• Court: New Jersey Superior Court – Appellate Division
• Writing for the Court: Nevertheless
• Citation: 460 A.2d 120,189 N.J.Super. 273
• Decision Date: 24 March 1983
• Parties: STATE of New Jersey, Plaintiff-Respondent, v. Peter J. CORUZZI, Defendant-Appellant.

Page 273

189 N.J.Super. 273 460 A.2d 120 STATE of New Jersey, Plaintiff-Respondent,
v.
Peter J. CORUZZI, Defendant-Appellant. Superior Court of New Jersey,
Appellate Division. Argued Jan. 25, 1983.
Decided March 24, 1983.

[460 A.2d 124]

Page 280

William Welaj, Somerville, designated counsel, for defendant-appellant (Joseph H. Rodriguez, Public Defender, attorney).

Pursuant to leave granted, Peter J. Coruzzi filed a pro se brief.

Audrey G. Cohen, Deputy Atty. Gen., for plaintiff-respondent (Irwin I. Kimmelman, Atty. Gen., attorney).

Before Judges MATTHEWS, ANTELL and FRANCIS.

The opinion of the court was delivered by

MATTHEWS, P.J.A.D.

State Grand Jury Indictment 86-81-5 charged Peter J. Coruzzi, a judge of the Superior Court of this State, with: count I, conspiracy to commit official misconduct and bribery, in violation of N.J.S.A. 2C:30-2 and 2C:27-2; count II, official misconduct, in violation of N.J.S.A. 2C:30-2, and counts III, IV, V and VI, bribery, in violation of N.J.S.A. 2C:27-2. Trial was held before Judge Scalera and a jury from March 8 through 25, 1982, at the conclusion of which Coruzzi was found guilty as charged. On May 7, 1982 Judge Scalera imposed concurrent five-year terms on counts III, IV, V and VI, imposed a fine of $2,500 and ordered restitution of $3,000 to the State of New Jersey. Judge Scalera merged counts I and II with the bribery counts.

Page 281

The statement of facts which follows is drawn largely from the statement of facts in defendant's brief on appeal since that statement was concurred in by the State and adopted in its brief. Our reading of the trial record satisfies us that defendant has set forth a fair and accurate account of the facts established by the proofs at trial.

I

The State's Case

The State's case relied to a substantial degree upon the cooperation and testimony of an attorney, Louis Caggiano, who was subsequently disbarred for his participation in the wrongdoings for which defendant was indicted. In return for Caggiano's cooperation during grand jury and trial proceedings, the State gave Caggiano complete immunity from any potential charges arising out of the events to which he testified. Caggiano's testimony combined with the testimony of various other State's witnesses linked defendant with three specific criminal matters, and were referred to as the Bocelli incident, the Morselli incident and the Gambell incident.

Caggiano had been an attorney for 33 years and had known defendant as an attorney and a judge for 25 years. Both Caggiano[460 A.2d 125] and defendant had centered their practices in the Camden County area.

The Bocelli Incident

Eugene Bocelli had been indicted in December 1979 for aggravated assault in Camden County. He was represented by Hersh Koslov, a member of the bar. A plea arrangement was eventually worked out among Bocelli, Koslov and Assistant Camden County Prosecutor Yaron Helmer. Defendant accepted Bocelli's guilty plea and sentenced him in early January 1981 to a five-year jail term. Koslov filed a motion for reconsideration immediately thereafter which was denied by defendant several weeks later. Although Helmer took no position at the sentencing,

Page 282

he opposed the motion for reconsideration, arguing that the sentence had been lenient since a presumptive sentence of seven years existed.

Caggiano first heard of the Bocelli matter in mid-March 1981 in defendant's chambers when defendant asked him if he knew Bocelli, noting that Bocelli had worked at the Vesco Auto Body Shop. Defendant added he had sentenced Bocelli but that upon a reconsideration of sentence Bocelli could receive a suspended sentence and be released from jail "for a price." Defendant told Caggiano that if "you're not willing, let's just forget the entire conversation." Caggiano indicated he would get back to defendant.

Approximately a week later Caggiano told defendant in his chambers that he had not yet contacted Bocelli. Defendant, as he thumbed through what appeared to be a presentence report, indicated that Bocelli should be able to pay $20,000 since he had income-producing property and money in the bank. Caggiano said that he would see what he could do.

During March 1981 Caggiano called the Vesco Auto Body Shop and spoke with one of the Vescos with respect to helping Eugene Bocelli. Arrangements were made for Caggiano and Bocelli's brother Philip to meet in a nearby diner. At that meeting Caggiano told Philip Bocelli that a legal loophole existed which could be used to release his brother from jail, but that it would cost $20,000. Philip stated that he did not have that kind of money but would speak to his brother. Caggiano did not identify himself as an attorney at that time. The day following the meeting, Caggiano informed defendant in his chambers as to his discussion with Bocelli.

Caggiano subsequently contacted Philip Bocelli who informed him that his brother had not been receptive to the idea because the amount of money was too much. Caggiano consequently informed defendant, who noted that the Bocellis should have sufficient money and that Caggiano had to do something. Defendant added that he had received recent correspondence indicating

Page 283

that Bocelli's family was suffering emotionally and physically as a result of his incarceration. Caggiano asked defendant if he should see what he could do, and defendant indicated he would. Defendant informed Caggiano that there had been one motion for reconsideration made and that they were running out of the 60-day time limitation for another motion. He said that if something was going to be done, it had to be done quickly, but that Caggiano should not mention his name and should leave him out of any discussions.

In the early part of May, Philip Bocelli received a phone call from Caggiano and the two met at a nearby diner. Caggiano indicated that something had come up which had to be moved on immediately, adding that he could get his brother out of jail for $10,000. The price appeared to be agreeable to Philip who indicated he would have to discuss the matter with his brother. Caggiano gave Philip his business card, indicating that if he trusted an attorney, he should go to that office to see that attorney. At that point Philip as yet did not know Caggiano's identity as a member of the bar.

Philip immediately drove to Caggiano's office in Maple Shade where he expressed surprise at seeing Caggiano since he had not known with whom he had been dealing. [460 A.2d 126] Caggiano repeated his earlier comments but would not tell Philip the manner in which the release from prison would be accomplished. He further emphasized the need for immediacy of any action. Philip agreed to meet with his brother who, when informed of the situation, agreed that he wanted to get out of jail.

Caggiano saw defendant in his chambers the next day and informed him of his meeting with Philip Bocelli. Defendant seemed agreeable to the proposal. Caggiano subsequently called Philip Bocelli to tell him that time was of the essence, and they agreed to meet at Caggiano's office on May 20, 1981. At that meeting Philip Bocelli gave Caggiano an envelope containing $10,000. Caggiano told Philip that either he or his brother

Page 284

would be hearing from Koslov, and that Koslov should be permitted to take all the credit. ¹

Caggiano immediately called defendant and told him of his meeting with Bocelli. They met later that day in a parking lot at a restaurant where Caggiano gave $7,000 to defendant. Caggiano had unilaterally made the determination as to how much to keep; there had been no prior discussions between defendant and him with respect to the division of monies.

During May 1981 Assistant Prosecutor Helmer had occasion to be in defendant's chambers on various occasions. In each instance defendant asked Helmer if he had made the right decision in the Bocelli case, suggesting that the sentence might possibly have been too harsh. He emphasized the correspondence he had received describing the hardship to the Bocelli family, and that he had contacted the head of the parole board, who informed him that Bocelli was a model prisoner. Defendant further compared this custodial sentence with a similar case in which a six-month period of incarceration had been recommended by the State. Helmer indicated that there had been distinguishing factors between the two cases but defendant nevertheless appeared bothered by the sentence.

In mid-May 1981 defendant called Helmer into chambers and asked him to do a favor since he felt badly about the Bocelli family. He believed Bocelli had suffered enough and asked Helmer not to oppose a motion for reconsideration. He further asked Helmer to call Koslov and request that he file such a motion. Helmer subsequently contacted Koslov and informed him that Coruzzi would look favorably upon a motion for reconsideration if it was filed. Because the incident was so unusual, Koslov prepared a memo summarizing this meeting. Koslov subsequently filed a motion for reconsideration returnable May 29, 1981. Helmer did not appear at the motion but the assistant

Page 285

prosecutor who did was instructed by Helmer not to object. Upon the return date of the motion, defendant granted the relief sought and released Bocelli from incarceration.

The Gambell Incident

William Keyser had been indicted for the theft of $33,500 which had been found in the trunk of his car upon his arrest and subsequently confiscated by the county. Keyser was represented by Robert Gambell who conducted various pretrial proceedings before reaching a plea arrangement with the prosecutor's office. Keyser, however, was unable to establish a factual basis for his plea. Gambell then advised Keyser to get another attorney who was experienced in criminal trials. Gambell was subsequently replaced by Koslov by a substitution of attorney being filed September 29, 1981.

During a conversation in defendant's chambers, defendant mentioned...