Judge delays Carifi gun-carry permit hearing

Former Parsippany Police Capt. James Carifi’s quest for a gun-carry permit ran into another roadblock Thursday as a Morris County Superior Court judge rescheduled the appeal of his permit denial for March 12.

But Judge Salenm Vincent Ahto warned both parties that he was not interested in other legal or political issues intertwined with the case before him.

“I’m not going to make this a platform for everybody to express their views about whatever is going on in Parsippany,” he said.

Ahto based his decision on a request by Parsippany Police Chief Paul Philipps to consult with a private attorney regarding his inclusion in what was termed a pending civil litigation with Carifi.

Carifi’s attorney, Edward J. Bilinkas, argued that Philipps was aware of his involvement in that pending litigation for almost a month and had sufficient time to hire counsel. But Ahto said “I historically have never precluded anybody from speaking with an attorney.”

Bilinkas, arguing the delays were interfering with Carifi obtaining employment, then asked the judge to issue the permit.

“If they come up with something (later) that allows them to come before you, I’m sure you’ll be more than fair to give them the opportunity to take it away if there is a legitimate basis,” Bilinkas said. “But to me, enough is enough.”

Characterizing the chief’s request as another in a series of politically-motivated delay tactics, Bilinkas said, “I feel like I’m being jerked around.”

Ahto, though, said he would have to hear specific testimony before making a decision. He also questioned the presence of attorney Stephen Trimboli, who sat next to Assistant Prosecutor Catherine Broderick and identified himself as a special conflicts counsel for Parsippany.

Ahto previously ruled in favor of Carifi’s appeal of Philipps’ denial of a firearms permit in November, saying “Everything I do have would indicate to me Mr. Carifi is a person of good character and repute.”

Carifi, though, has been embroiled in legal battles with the township since he filed a lawsuit in 2011, claiming he he was bypassed for promotion. He later withdrew that lawsuit, but now has new claims against the township, as the township does against him for the alleged theft and destruction of the downloaded documents prior to his retirement in 2013. The township technically has not signed off on his retirement and a payout in excess of $300,000 for unused sick, vacation and personal time, although the state pension board cleared him to receive his pension.

After his retirement, Carifi applied to State Police for a retired law enforcement officer’s carry permit. Philipps did not return necessary forms to State Police for the requested permit, resulting in a denial of the application.

Carifi’s attorney, Edward Bilinkas, contends that Philipps denied the permit because Carifi’s brother, Parsippany Council President Paul Carifi Jr., challenged Mayor James Barberio — unsuccessfully — for the mayoral seat in the June 2013 Republican primary.

The tension has carried over into the council chambers, where Paul Carifi and Councilman Louis Valori frequently spar with the mayor and township attorney John Inglesino over several matters, including whether the two councilmen are conflicted in voting on matters regarding the Carifi-related lawsuits.

Council Vice President Robert Peluso has sided with councilmen Carifi and Valori in most of these conflicts, forming a 3-2 majority that in July passed a resolution to establish a committee as a whole to investigate Inglesino. When Barberio refused to submit or negotiate a contract for an attorney to perform the investigation, the council filed suit to seek a court order authorizing a retainer. That suit is still pending.

The council also voted down Trimboli’s re-appointment as township special counsel in January. Inglesino said at a recent counsel meeting that he retains the ability to appoint special counsel per the township code.

‘Why are you here?’

When Ahto asked Trimboli about the matter before him, Trimboli responded “On this particular issue I have nothing to say.”

“Then why are you here?” Ahto said.

Trimboli said he was just made aware of the matter the night before and “ I was going to ask the court’s indulgence to essentially file a motion in person to be heard and interviewed on the issue of exhaustion of administrative remedies.”

“I have a simple hearing,” Ahto said. “I don’t need any statement from you because I am not going to get sidetracked by anything other than this application.”

Staff Writer William Westhoven: 973-428-6627; wwesthoven@dailyrecord.com