By: Cara Latham
BORDENTOWN Former Bordentown City Police Chief Philip Castagna will stand trial Jan. 9 for allegedly plotting to kill his ex-wife now that a Superior Court judge has denied a defense motion to have the charges dropped.
Mr. Castagna, who currently lives in Plainsboro, is charged with conspiracy to commit murder and arson in an alleged plot to kill his ex-wife, Joyce Leopold, in a 2003 fire that damaged the back of the couple’s house in Burlington. Ms. Leopold, who was separated from her husband when the fire occurred, was not injured in the blaze.
Last week, state Superior Court Judge Thomas S. Smith Jr. denied the motion to dismiss the charges.
Mr. Castagna took the news in stride, saying the court date is a victory because, he says, he now has the chance to prove his innocence at trial.
"The sad thing is that the prosecutor’s office had to lie to the grand jury to get me indicted," he said Monday, referring to the state’s witness, Gary Hall, whom Mr. Castagna alleges was paid $50,000 to testify against him.
"I look forward to my day in court when I can prove the lies and the conspiracy that the City of Bordentown, Burlington City police and prosecutor’s office have fabricated against me," he said.
Jack Smith, public information officer at the Burlington County prosecutor’s office, said that because the case is in litigation, he could not comment.
Last month, the state Supreme Court declined to hear the prosecutor’s appeal of an appellate court decision that had overturned Mr. Castagna’s 2004 contempt of court conviction for allegedly violating a restraining order obtained by Ms. Leopold.
In 2004, Mr. Castagna was found guilty of harassment, a petty disorderly persons offense, and contempt of a judicial order in connection with a restraining order obtained by Ms. Leopold.
The convictions caused Mr. Castagna to lose his position as police chief in May 2004. State Superior Court Judge James Morley in Mount Holly also ruled then that Mr. Castagna could never again hold public office or own a weapon.
Appellate Judges Edwin H. Stern, Lorraine C. Parker and Jane Grall overturned the contempt convictions in August, saying that Mr. Castagna who appealed the initial ruling 10 months ago had not violated the 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, court papers said.
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," defense attorney Robin Lord said in the Aug. 25 motion to have the charges dropped.
Ms. Lord’s motion also questioned the reliability of the state’s crucial witness, Mr. Hall, because of his "significant exculpatory evidence concerning the serious mental condition and incompetence."

