Judge rules Wasser case will proceed to May trial

FRHSD employee charges superintendent was verbally abusive

By dave benjamin

ENGLISHTOWN — Charges of verbal harassment and disorderly conduct lodged against Freehold Regional High School District Superintendent of Schools James Wasser will be heard in municipal court in May.

After hearing from one witness — the person bringing the charges — during a March 15 probable cause hearing, municipal court Judge James Newman ruled there is probable cause to proceed to trial.

Donald DeGroot, who is the district’s data processing manager, has charged Wasser with verbally harassing him during a Dec. 17 meeting at the district’s offices on Pine Street.

"Mr. Wasser called me into the office at 8:30 (a.m.) over a memo I sent to him regarding the fact that he had taken me off the district’s technology committee," DeGroot said from the witness stand. "I asked him (in the memo) if (my removal) was permanent."

DeGroot testified that Wasser pulled out the memo and informed him that another employee would take his place on the committee.

DeGroot said, "Mr. Wasser turned to Mr. (Frank) Tanzini (assistant superintendent who was present at the meeting) and said, ‘It (DeGroot’s removal from the committee) was mutual, right?’ "

According to DeGroot, Assistant Superintendent Dr. Patricia Emmerman was also in Wasser’s office, while John Mar-tucci, administrative supervisor for curriculum and instruction, and two secretaries were in hearing range.

Under questioning from co-municipal prosecutor Mitchell Ansell and Wasser’s attorney, John T. Mullaney Jr., DeGroot testified that during the meeting Wasser accused him of tape recording conversations.

DeGroot said Wasser’s comments were laced with obscenities and included an exchange in which he claimed Wasser stated, "I hear you record f—— meetings. You are a f—— liar."

"I started to walk out of the office. I was extremely upset. I opened the door and Mr. Wasser said, ‘I can’t f—— work with you anymore.’ He told me, ‘Get your f—— lawyer.’Ê"

"I was offended," said DeGroot. "I walked out of the office and I called my attorney. My attorney advised me" to press charges.

DeGroot was the only person to testify at the March 15 probable cause hearing.

During the cross-examination, Mullaney cited cases of a similar nature that he said were not considered to be probable cause for proceeding to trial.

"This was a labor dispute," Mullaney said. "I do not see that this episode rises to the level of a cause. There were heated words between an employer and a subordinate. It does not rise to the level of the statute."

Ansell told the judge, "It was unreasonably loud and I can’t think of anything more offensive. We’re talking about a probable. The state has shown this."

Newman agreed there was probable cause to proceed and said a trial would be set for May 3 or May 17.

After the hearing, Mullaney said DeGroot’s claims will have to be refuted at a later date.

"The probable cause hearing is just a one-sided testimony, which is what the rules dictate," the attorney said.