By Stephanie Prokop, Staff Writer
BORDENTOWN CITY — The state’s case against former Bordentown City Police Chief Phil Castagna can move forward after more than a year in limbo, following an appellate court decision this week.
An opinion Monday by the Appellate Division of Superior Court said some key evidence against Mr. Castagna, which was previously ruled inadmissible, can be heard by a jury.
Mr. Castagna’s trial was delayed in January 2007 to await the appellate court’s decision.
On Wednesday morning, Assistant Burlington County Prosecutor Ray Milavsky said the prosecutor’s office was “very pleased” with the determination of the appellate court, and that it is now looking “full steam ahead towards the trial.”
Mr. Castagna, who now 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.
The latest court ruling states that a temporary restraining order Ms. Leopold obtained against Mr. Castagna in June 2003 is admissible as long as careful instruction is given to the jury that the evidence can only be considered as a motive, and not as proof of the defendant’s character.
A conversation between Mr. Castagna and his ex-wife’s uncle was also deemed admissible by the court, as were a conviction on disorderly persons charges, the forfeiture of his office as police chief, and criminal charges filed by Ms. Leopold in 2003.
The final restraining order issued in August 2003 and allegations of acts of domestic violence were ruled inadmissible.
The appeals court likened the difficulty of prosecuting the case without evidence of a motive to “a production of Macbeth without the witches.”
In 2004, Mr. Castagna was found guilty of harassment, a petty disorderly persons offense, and contempt of a judicial order in connection with the violation of a restraining order obtained by Ms. Leopold. The convictions caused Mr. Castagna to lose his position as police chief in May 2004. The disorderly persons conviction was reversed in 2006 on grounds that “the evidence was insufficient for a finding of guilt beyond a reasonable doubt,” according to court papers.
Although there is no date set for Mr. Castagna’s trial, he said Tuesday he remains optimistic about the outcome of the proceedings. He said that he and his attorney, Robin Lord, of Trenton, are happy that after five years he will finally get his day in court.
“I look forward to the day when I’m found not guilty and return to serve the people of Bordentown City,” he said.
Phone calls placed to Ms. Lord were not immediately returned.