Lawsuit filed against Montgomery police

EMT charges malicious prosecution

By: Jake Uitti
   MONTGOMERY — Pleasantville residents Brian and Christina Schaal have filed a lawsuit against Montgomery Township in state Superior Court for malicious prosecution, municipal liability and conspiracy.
   The suit names Montgomery Township, Police Director Michael Beltranena, police detectives Christopher Jaeger and James Gill, as well as Jessica Chong of Linwood as defendants.
   Mr. Beltranena, responding to the lawsuit, said, "While I have read and reviewed (the lawsuit), it is now in the hands of legal council, who have advised me that any discussion would be inappropriate because it is pending litigation. However, we will vigorously fight this frivolous and ridiculous lawsuit."
   The lawsuit states that Mr. Schaal, who was employed as an Emergency Medical Technician with the Monmouth-Ocean Hospital Services Corp., was assigned Nov. 7, 2003, along with co-worker Michelle Elliot, to transport Ms. Chong, a patient at the Atlantic City Medical Center.
   On that date, Ms. Elliot, the driver of the ambulance, and Mr. Schaal, the attendant in the back of the ambulance, picked up Ms. Chong and transported her from Atlantic City Medical Center to Carrier Clinic in Montgomery, where Ms. Chong was released to the care of the clinic, the lawsuit stated.
   During the transport, Mr. Schaal took the vital signs of Ms. Chong on two occasions, the lawsuit stated.
   On Nov. 10, 2003, the Carrier Clinic advised the Montgomery Township Police Department that Ms. Chong made a complaint regarding an alleged incident between herself and Mr. Schaal, the lawsuit stated.
   The Montgomery police spoke with Ms. Chong regarding the alleged incident, according to the lawsuit, at which time Ms. Chong alleged that Mr. Schaal sexually assaulted her when he was taking her vital signs.
   On Nov. 24, 2003, Mr. Schaal was interviewed at the township’s Police Department. Mr. Schaal gave a taped statement to Detective Jaeger and Detective Joseph Sles in which he denied all charges made by Ms. Chong, the lawsuit stated.
   The lawsuit alleges that the detectives interrogated Mr. Schaal for about nine hours, becoming abusive and violent toward him.
   "They demanded that Schaal write a confession out and when he refused Detective Jaeger falsely attributed incriminating statements to Schaal in a written report," according to the lawsuit.
   Detective Jaeger also took the statement of Ms. Elliot, who said she could see everything that Mr. Schaal was doing when he was taking Ms. Chong’s vital signs, and that he did nothing inappropriate, the lawsuit stated.
   On Jan. 30, 2004, Mr. Schaal was arrested by the Montgomery Township Police Department, based upon a complaint filed by Detective Gill regarding the charges made by Ms. Chong, according to the lawsuit.
   On Feb. 25, 2004, the lawsuit charges that Mr. Jaeger "falsely" testified to the grand jury, the lawsuit, advising that Ms. Elliot had stated that she was unable to see what was happening in the back of the ambulance as her back was to the area where Mr. Schaal and Ms. Chong were located.
   On Feb. 25, 2004, the grand jury indicted Mr. Schaal for aggravated sexual assault.
   On Aug 23, 2004, the indictment against Mr. Schaal was dismissed as a result of the state’s failure to provide "exculpatory evidence to the grand jury, namely the failure to present the truthful testimony of Elliot regarding her ability to see everything that Schaal was doing when he took the vital signs of Chong," the lawsuit reads.
   "On or about January 29, 2004, defendants, Jaeger and Gill, illegally and improperly caused a criminal complaint to be issued against plaintiff, which complaint had no basis in fact or law and was issued maliciously and with the motivation to falsely arrest, detain and imprison plaintiff and which complaint falsely accused plaintiff of sexual assault," the lawsuit stated.
   Township officials are taking the lawsuit "very seriously," they said, adding that they support the defendants fully.
   Township Attorney Kristina Hadinger said, "While the township views any lawsuit, particularly one in which an individual is claiming violations of constitutional rights, quite seriously, it also has the utmost of confidence in its Police Department and will vigorously defend the complaint."
   Mayor Louise Wilson said, "Officer Jaeger is a straight arrow and an excellent police officer. And I am confident that this is a frivolous lawsuit, but, of course, we are taking it seriously."