Morris worker in court on child porn charge

MORRISTOWN  - A now-suspended employee of the Morris County Board of Elections on Wednesday made his first court appearance where he entered a plea of not guilty on a charge of endangering the welfare of a child by possessing and viewing child pornography.

Anthony P. DeSimone, 73, of Morris Township, was charged Dec. 12 by a Morris County Prosecutor's Office detective with endangering the welfare of a child between January 2010 and this past Sept. 15.

DeSimone is accused of knowingly possessing or viewing photographs, computer programs or files "or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet," according to a criminal complaint.

DeSimone, who also was charged at the time of his arrest with possessing 50 grams or less of marijuana in Morris Township on Dec. 12, has been suspended without pay from his job. He has been employed at the board of elections since August 2004 and last was paid $38,398 annually.

DeSimone, accompanied by defense lawyer Marcy McMann, made his first court appearance in Superior Court, Morristown at a hearing called "central judicial processing."  The CJP hearing, presided over by Municipal Court Judge Ira Cohen, involved a quick recitation of DeSimone's legal rights.  Cohen entered a plea of not guilty on DeSimone's behalf and told him he next is due in court on Feb. 2.

McMann said after the brief hearing that she has not received any information about the charges other than the criminal complaint. She said that state Deputy Attorney General Veronica Allende will prosecute the case, rather than a member of the Prosecutor's Office.

Authorities have not disclosed details of the charges.  Prosecutor's Office Deputy Chief of Investigations Denise Arseneault said that no affidavit of probable cause was prepared in the case. DeSimone was charged on a summons complaint, meaning he was never taken into custody, just served with a criminal complaint.

Asked to comment Wednesday, DeSimone said only: "Just be fair."

The endangerment charge is a fourth-degree offense, punishable upon conviction by up to 18 months in prison. The marijuana charge is a disorderly persons offense.

County officials previously said that DeSimone's work computer in the county Board of Elections office in Morristown was taken during the execution of a search warrant and McMann said she believes a search warrant also was executed at DeSimone's home.

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