Dismissal sought in Castagna case

Former police chief’s lawyer files motion in Superior Court

By: Cara Latham
   BORDENTOWN CITY — A motion was filed last week for the dismissal of all charges against former Bordentown City Police Chief Philip Castagna in connection with an alleged plot to kill his ex-wife.
   Mr. Castagna’s attorney, Robin Lord, of Trenton, filed the motion Aug. 25 with Burlington County state Superior Court Judge Thomas S. Smith Jr. to dismiss charges that the former chief conspired to have his ex-wife, Joyce Leopold, killed in a 2003 fire at the couple’s Burlington home — a charge Mr. Castagna has denied. Ms. Leopold, who was not injured in the fire, and Mr. Castagna, who currently lives in Plainsboro, were separated at the time of the fire that damaged part of the back of the couple’s house. A trial date for the case is slated for Jan. 9.
   The situation deteriorated into allegations by both parties of domestic violence, restraining orders, and contempt-of-court charges against Mr. Castagna. Convictions on charges of harassment, a disorderly persons offense and contempt of a judicial order led to Mr. Castagna’s removal from the Police Department in May 2004.
   But three Appellate Court judges overturned those contempt convictions last month, stating that he had not violated a restraining order by visiting with his ex-wife’s uncle, Sam Celia. Mr. Castagna told Mr. Celia about the couple’s difficulties and concern about losing his job and pension because of the consequences of the domestic violence proceeding, but also expressed that he wanted the ordeal to end amicably, court papers said.
   According to the motion filed by Ms. Lord, the reversal of Mr. Castagna’s prior convictions has a direct bearing on the indictment against him and demonstrates "that the state did a very poor job of case screening and should never have pursued (the) defendant with such a vengeance."
   Because testimony concerning Mr. Celia was used in order to obtain the indictment for the conspiracy and arson charges, "the prosecution deliberately prejudiced (Mr. Castagna) in the eyes of the grand jury in deprivation of his rights to due process, fundamental fairness and double jeopardy," Ms. Lord said in the motion.
   The motion also questions the reliability of the state’s crucial witness, Gary Hall, because of "significant exculpatory evidence concerning the serious mental condition and incompetence of the principal."
   "I’m hopeful that Judge Smith will finally see the case for what it’s worth and finally dismiss the charges," said Ms. Lord in a phone interview Tuesday about her motion to dismiss the charges.
   Mr. Castagna has said that the conspiracy and arson charges are an attempt by the Burlington County Prosecutor’s Office to injure his reputation. The Burlington County Prosecutor’s Office did not return calls to the Register-News before press time in response to the motion filed by Mr. Castagna and his other remarks.
   "They have done everything to defame my name and character," he said in a phone interview Wednesday. "I was denied unemployment. My health benefits were taken away. All my financial means were taken away from me … I never thought the legal system was this way."
   Mr. Castagna also said that he feels his constitutional rights have been violated and that "people who really know me know what kind of person I am and know what type of marriage I was involved in."
   In the meantime, Mr. Castagna will seek to get his job back and plans to send a letter to the city stating those intentions, he said. But he added that he thinks other law officials should get involved.
   "I actually think that Gov. (Jon) Corzine with the Attorney General’s office should get involved with the investigation because it will show the corruption in Burlington County," Mr. Castagna said.