Officers accused of using excessive force say they may sue township.
By: Brian Shappell
Testimony in the disciplinary hearing of Patrol Officer Mark Lorenc and Detective John Avalone is expected to end Friday with a decision on the case to follow within five weeks.
Thomas Finn, director of Public Safety for the East Brunswick Police Department, is conducting the proceedings.
As the hearing draws to a close, the accused officers said they will likely sue the township for wrongly accusing them of violating a number of regulations during a June 2000 traffic stop. Charges against them include unprofessional conduct and using inappropriate language and assaulting a motorist they had stopped.
Capt. Michael Marosy, the department’s internal affairs officer who was in charge of the investigation, said he questioned the accuracy of the officers’ reports. The defense found inaccuracies in Capt. Marosy’s report and his testimony on Sept. 13.
Officers Lorenc and Avalone were called to the stand Sept. 20 to testify about their actions. Both stood their ground on issues including the accuracy of their respective reports and that Officer Avalone was assaulted by Rob Acosta during the traffic stop on Black Horse Lane.
Officer Avalone will continue to be questioned 10 a.m. Friday.
Officers Lorenc and Avalone have been accused by Mr. 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 allegedly stuck under a Deans Lane overpass, Mr. Acosta got out of his car and was hostile to police, the officers said.
Police also said it appeared that Mr. Acosta was reaching for a weapon behind his back, holding on to the roof of his car in an attempt to resist being arrested and that Mr. Acosta hit Officer Avalone twice.
Jeff and James Schweighardt subsequently left the car and ran toward the officers, cursing and yelling, and refused to return to their car during the traffic stop, said police.
While cross examined by the prosecutor, James Plosia, Officer Lorenc reiterated that Mr. Acosta struck Officer Avalone on the hand and the chest.
"Any strike on a police officer is an assault," he said.
Officer Lorenc also defended the decision to arrest James and Jeff Schweighardt because their appearance made arresting a struggling Mr. Acosta a more difficult task.
"By them taking my attention off Mr. Acosta, they were interfering with the arrest," Officer Lorenc said.
During his testimony, Officer Lorenc also revealed that he and Officer Avalone have met with an attorney with the intention of suing the township. Officer Lorenc declined to expound on the statement after the proceedings.