Did you know these inventions were discovered by accident in New Jersey?
MORRIS COUNTY

Judge: Ex-Rockaway Twp. cop's theft conviction should stand

Peggy Wright
@PeggyWrightDR

MORRISTOWN - A judge on Monday concluded that "it defies belief" that a former Rockaway Township police sergeant who pleaded guilty to stealing $29 worth of pork roll, egg and cheese sandwiches from a Quick Chek was not fully aware he is barred from trying to get the conviction expunged.

Ex-Rockaway Township Police Sgt. Christopher Stahl

Superior Court Judge William McGovern III, sitting in Morristown, made a preliminary ruling from the bench that denied ex-Sgt. Christopher Stahl's application for what is called "post-conviction relief" from the conviction he received on Sept. 15, 2008 after admitting to a disorderly persons offense of theft on Dec. 15, 2007.

"The court takes a dim view of the merits of this application for post-conviction relief," McGovern said after hearing arguments from defense lawyer Gina Mendola and opposition to the motion from Morris County Assistant Prosecutor John McNamara Jr  The judge said he would give a bit more thought to the motion but was inclined to deny it, saying that more than seven years have passed and Stahl was represented by a very experienced attorney at the time.

Stahl, now 47, simultaneously pleaded guilty and was sentenced on Sept. 15, 2008, and he also signed a consent order at the time that specified he was forfeiting the police job he held for 14 years; was barred from seeking future public employment again; could not obtain a firearms ID card to purchase a gun; and could not apply to have the conviction expunged.

Mendola told the judge that Stahl hired her this year to get the conviction expunged and then learned he could not. Mendola asked the judge to vacate the conviction, saying that Stahl didn't steal the sandwiches but was told by the clerk "You're good," as he left a Quick Chek, in uniform, in Rockaway Borough in December 2007.  Mendola claimed that Stahl's first lawyer didn't advise him of defenses and didn't go over the consent order with him at the time of the plea.

Ex-Rockaway Township Sgt. Christopher Stahl leaves Superior Court, Morristown, on Nov. 9, 2015, with attorney Gina Mendola

"If a defense had been pursued he definitely would have beaten these charges," Mendola said.

McNamara, the assistant prosecutor, said that the motion is "time barred" because it should have been filed within five years of the sentencing. McNamara also referred to a transcript of the plea, which recorded how Stahl said he understood what he was doing and the penalties and that he had enough time to discuss the case with his lawyer.

McNamara said that Stahl also got the benefit of a favorable plea deal because he could have been prosecuted for official misconduct.

The judge noted that between the time of the offense and the plea -- nine months -- Stahl had two separate attorneys and had ample time to discuss the matter. The judge said he could not believe that Stahl was somehow "railroaded or ambushed" into signing a consent order that he didn't read or understand.

"It defies belief.  It defies credulity," McGovern said, who also quoted from the plea transcript.

Papers attached to Mendola's motion state that now-retired police Capt. James Staszak learned about the sandwiches through a copy of a QuickChek advertisement for breakfast sandwiches that was slipped under his office door.  A note on the ad said: "Hey Capt., catch me if you can. Love, Chris."  The captain also later learned about the incident from two department detectives, according to motion papers.

The cashier was interviewed and stated that Stahl simply walked out of the store, while the QuickChek manager called the episode "a miscommunication," according to the investigation report.

   Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.