Captain’s testimony attacked

Attorneys for two police officers accused of using excessive force during a traffic stop grilled the internal affairs officer.

By: Brian Shappell
   Defense attorneys at a disciplinary hearing last week for two police officers accused of using excessive force during a traffic stop questioned the internal affairs officer investigating the complaint about discrepancies in his testimony.
   Capt. Michael Marosy was grilled by defense attorneys Sept. 13 regarding inaccurate testimony he previously gave about the investigation of the June 2000 traffic stop.
   Patrol Officers Mark Lorenc and Detective John Avalone have been accused by Rob Acosta, 48, and brothers, Jeff, James and Fred Schweighardt of using excessive force during the traffic stop. After stopping the group for pulling across a double-yellow line next to a truck, which was stuck under the Dean’s Lane overpass, Mr. Acosta got out of his car and was allegedly hostile to police. Police also said he it appeared that he was reaching for a weapon behind his back and held on to the roof of his car to resist being arrested.
   Jeff and James Schweighardt subsequently left the car and ran toward the officers, cursing and yelling, say police.
   The officers are suspended with pay during the disciplinary hearing, and face no criminal charges. The hearing will continue today (Thursday) at 10 a.m. at the Municipal Center.
   Lawrence Bitterman and Barry Albin, attorneys defending Patrol Officer Mark Lorenc and Detective John Avalone, questioned Capt. Marosy about discrepancies in testimony he had given during previous hearings.
   Previously Capt. Marosy testified he believed he heard Officer Lorenc using bad language in a squad car holding two of the arrested men. It was discovered that the scenario was not possible because the captain realized he was next to the car of Officer Lenny Hibbitts, not Officer Lorenc, at the time and there was only one arrested man in the car.
   Capt. Marosy said he learned that his testimony contradicted itself when the township’s prosecutor James Plosia told him afterwards.
   When asked by Mr. Bitterman, Capt. Marosy denied he was told by Mr. Plosia to lie and also denied that he changed his testimony to bolster the case against the defendants.
   Following the questioning, the prosecutor argued with Thomas Finn, Director of Public Safety in East Brunswick, who is in charge of proceedings.
   Mr. Plosia said questioning Capt. Marosy about a conversation between the two outside of the hearing was a direct violation of attorney-client privilege.
   Mr. Finn disagreed and Mr. Bitterman said Mr. Plosia is a township employee for the proceedings and that Capt. Marosy is a witness, not a client.
   The defense team also cross-examined Capt. Marosy about statements he made when he indicated that statements from officers were less credible than that of the arrested men. Mr. Bitterman said the original testimony of Mr. Acosta and the Schweighardts differed from the original report given to Capt. Marosy by Mr. Acosta and his passengers.
   The differences include, said Mr. Bitterman, the Schweighardts saying they never saw a punch land and Mr. Acosta saying he was only grazed with a punch and not "slugged." During the questioning, Capt. Marosy also admitted to not seeing the medical records or photos of Mr. Acosta following the incident.
   "Had I known all these things, it might have made a difference," Capt. Marosy.
   Mr. Bitterman attacked Mr. Acosta’s credibility by saying Mr. Acosta has been stopped by police more than 200 times.
   Capt. Marosy said he questioned the testimony of Officer Lorenc because he said Officer Lorenc said the driver, Mr. Acosta, gave him the middle finger, but later denied saying it.
   The defense said they believed Capt. Marosy was mistaken, as he was earlier in the proceedings. Capt. Marosy insisted he was not.
   Capt. Marosy testified Sept. 10 that he believes the account given by Mr. Acosta and the brothers because there are fewer inconsistencies in their stories than the officers’.