Phone records have been subpoenaed between an officer (accused of attempting to interfere with a ticket) and the arresting State Trooper. The accused officer from Rockaway Township is currently suspended. The phone records relate to calls between the accused and the state trooper who arrested the accused officer’s cousin.
The phone records are considered and claimed to be central to the case. However these records will not be made available imminently. The phone records will confirm times and duration of calls between Nagib Saad (State Trooper) and the Clifton Gauthier (Officer).
Trooper Saad’s attorney filed a motion on Wednesday to throw or quash the subpoena. The attorney (Limsky) advised that they will oppose access to the phone records as they are made up of personal information that goes beyond the scope of the case. Limsky states the phone records date back around ten months and are not relevant. The Prosecutor’s office has not taken a position as yet.
The accused officer of Sparta stands accused of witness tampering and official misconduct in respect of his alleged actions on behalf of the cousin in 2012. The cousin (Sean Costigan) faced a DWI charge. Saad was allegedly called by Gauthier and advised that from information he had received from the municipal prosecutor he needn’t appear in court. However the municipal prosecutor (Denis Driscoll) denies relaying such information to Gauthier. A 5 year term is currently being sought by the prosecutor’s office. This term being a mandatory minimum in respect of official misconduct (2nd degree).
A hearing has been scheduled for August 11th in respect of quashing the subpoena. With the case files more or less complete the subpoena issue is a remaining motion prior to trial. The prosecution had also tried to put forward a previous case whereby the accused allegedly tried to assist an uncle also with a DWI charge. However no charges were brought. This was ruled inadmissible in the trial as no clear evidence prevailed in the previous prosecution.