Post by KC on Jan 5, 2007 21:11:28 GMT -5
A judge has overturned the conviction of an Edison policeman who ran naked from his car after an accident, and the judge also ordered the officer reinstated in his job.
Superior Court Judge Melvin Gelade took those actions in overturning the Dunellen Municipal Court conviction of Ionnis Mpletkakis.
On June 15, Municipal Judge John Leonard convicted Mpletsakis, 26, of hindering his own apprehension. Leonard also found the officer not guilty of assault by auto and leaving the scene of an accident in connection with the July 20, 2005, crash.
Mpletsakis said he drove naked to avoid ruining his car seats because he had been swimming in a pool and in the Raritan Bay earlier that day. He said he fled the scene to conceal his nudity.
He was found hiding behind a car about 300 feet away by a colleague, driven home to get clothing, and returned to the scene. He was not issued any summons that night.
Three officers who returned to the accident scene were disciplined by the department.
Leonard ordered Mpletsakis, who was off duty at the time of the accident, to forfeit his $72,097-a-year job as an Edison patrol officer and pay fines totaling $655.
But Gelade Wednesday upheld the officer's appeal, ordered his reinstatement, and directed the township to return the money he had already paid for the fines, according to Darren M. Gelber, the attorney who successfully appealed the municipal conviction.
However, Mpletsakis is still facing departmental charges in connection with the accident, and Edison Police Chief George Mieczkowski said he expects the township to proceed with the case.
Mieczkowski, who chose not to comment on the judge's decision, said, "We are still sorting things out right now."
Gelber said he applying to the department for Mpletsakis's immediate reinstatement and for the pay he has lost since he was suspended immediately following the accident.
Mieczkowski said the resolution of those issues is uncertain.
Gelber said his client, whose trial was moved from Edison to Dunellen to avoid a conflict of interest, was "elated" with the ruling. He maintained that he provided the court with a truthful account and description of the accident. "Today's decision," Gelber said, "has vindicated him."
In convicting Mpletsakis, Leonard said, "He knew he was in a big mess. He knew he had to misstate his speed," referring to the officer's claim that he was driving about 35 to 40 mph the night of the crash.
"He lied," Leonard said.
Gelber said that by reversing the conviction, Gelade decided Mpletsakis's testimony was truthful.
Mpletsakis crashed his BMW into a box truck on Route 27 near Talmadge Road. A passenger in the truck was injured.
Mpletsakis testified that a third car struck his car, pushing it into the truck. Mpletsakis could not describe the car that struck his, and none of the witnesses testified to seeing a third vehicle.
Assistant Prosecutor Brian Gillet, who prosecuted the case in municipal court, maintained there was no third vehicle.
Reacting to Gelade's ruling, Gillet said, "He just did not think we proved the elements of the case. We disagree.
"The case is over," he said. "We have no recourse, no right to appeal."
www.courierpostonline.com/apps/pbcs.dll/article?AID=/20070104/NEWS01/70104003/1006
Superior Court Judge Melvin Gelade took those actions in overturning the Dunellen Municipal Court conviction of Ionnis Mpletkakis.
On June 15, Municipal Judge John Leonard convicted Mpletsakis, 26, of hindering his own apprehension. Leonard also found the officer not guilty of assault by auto and leaving the scene of an accident in connection with the July 20, 2005, crash.
Mpletsakis said he drove naked to avoid ruining his car seats because he had been swimming in a pool and in the Raritan Bay earlier that day. He said he fled the scene to conceal his nudity.
He was found hiding behind a car about 300 feet away by a colleague, driven home to get clothing, and returned to the scene. He was not issued any summons that night.
Three officers who returned to the accident scene were disciplined by the department.
Leonard ordered Mpletsakis, who was off duty at the time of the accident, to forfeit his $72,097-a-year job as an Edison patrol officer and pay fines totaling $655.
But Gelade Wednesday upheld the officer's appeal, ordered his reinstatement, and directed the township to return the money he had already paid for the fines, according to Darren M. Gelber, the attorney who successfully appealed the municipal conviction.
However, Mpletsakis is still facing departmental charges in connection with the accident, and Edison Police Chief George Mieczkowski said he expects the township to proceed with the case.
Mieczkowski, who chose not to comment on the judge's decision, said, "We are still sorting things out right now."
Gelber said he applying to the department for Mpletsakis's immediate reinstatement and for the pay he has lost since he was suspended immediately following the accident.
Mieczkowski said the resolution of those issues is uncertain.
Gelber said his client, whose trial was moved from Edison to Dunellen to avoid a conflict of interest, was "elated" with the ruling. He maintained that he provided the court with a truthful account and description of the accident. "Today's decision," Gelber said, "has vindicated him."
In convicting Mpletsakis, Leonard said, "He knew he was in a big mess. He knew he had to misstate his speed," referring to the officer's claim that he was driving about 35 to 40 mph the night of the crash.
"He lied," Leonard said.
Gelber said that by reversing the conviction, Gelade decided Mpletsakis's testimony was truthful.
Mpletsakis crashed his BMW into a box truck on Route 27 near Talmadge Road. A passenger in the truck was injured.
Mpletsakis testified that a third car struck his car, pushing it into the truck. Mpletsakis could not describe the car that struck his, and none of the witnesses testified to seeing a third vehicle.
Assistant Prosecutor Brian Gillet, who prosecuted the case in municipal court, maintained there was no third vehicle.
Reacting to Gelade's ruling, Gillet said, "He just did not think we proved the elements of the case. We disagree.
"The case is over," he said. "We have no recourse, no right to appeal."
www.courierpostonline.com/apps/pbcs.dll/article?AID=/20070104/NEWS01/70104003/1006