On July 8 a Monmouth County grand jury returned a seven-count indictment charging former Marlboro Police Chief Robert C. Holmes, 61, of Marlboro, with two counts of first-degree aggravated sexual assault.
The indictment also charges Holmes with two counts of second-degree sexual assault and one count of second-degree endangering the welfare of a child, as well as one count each of third-degree aggravated criminal sexual contact and fourthdegree criminal sexual contact.
The attorney who is representing Holmes said the retired chief is “shocked” by the indictment.
According to a press release from the Monmouth County Prosecutor’s Office, the indictment alleges that Holmes committed the sexual crimes against a female juvenile between April 2005 and March 2007.
The indictment further alleges that Holmes committed the crime of endangering the welfare of a child between those dates as well as from March 2007 through December 2007.
Holmes served as Marlboro’s chief of police from approximately 1998 until he retired effective Jan. 1, 2009.
The investigation that led to Holmes’ indictment was conducted by the Sex Crimes/Child Abuse Unit of the Monmouth County Prosecutor’s Office. The investigation was initiated after the victim’s mother contacted the prosecutor’s office in December 2007 and reported the crimes.
The investigation revealed that on numerous occasions Holmes provided alcohol to the child, following which Holmes engaged in illegal sexual acts with the child at Holmes’ residence. The child’s age ranged from 12 to 14 during the period of time that the illegal sexual acts are alleged to have been committed, according to the press release.
Under New Jersey law, certain specified sexual acts constitute crimes even if engaged in consensually if the victim is below the legal age to grant lawful consent.
The child victim’s name and any additional information that might lead to her identification are being withheld at this time in order to protect her privacy, according to the prosecutor’s office.
If convicted of first-degree aggravated sexual assault, Holmes will face a maximum potential custodial sentence of up to a 20-year state prison term.
Following the return of the indictment, Holmes surrendered to the Monmouth County Sheriff’s Office accompanied by his attorney, Norman M. Hobbie, of Eatontown. Monmouth County Assignment Judge Lawrence M. Lawson set Holmes’ bail at $100,000.
Holmes posted bail and was released, according to Hobbie, who spoke with the News Transcript.
Hobbie said, “The chief is shocked by the allegations. Apparently from the very limited information we have received, it involves an allegation of something that allegedly occurred many years ago. He strongly denies any wrongdoing and will plead not guilty. We expect an intensive, aggressive and zealous defense. Chief Holmes has served the public in various law enforcement capacities for over 30 years. He has done so honorably, with distinction and he retired with honor and distinction. He looks forward to his day in court.”
Marlboro Mayor Jonathan Hornik said township representatives were not aware of the allegations against Holmes or the prosecutor’s investigation into those allegations at the time they negotiated the separation agreement with the former chief. Those negotiations took place during 2008.
“The indictment reinforces our decision to push Bobby Holmes out as police chief in December 2008,” the mayor said.
Hornik said the reasoning behind having Holmes retire resulted from information contained in a draft version of an audit of the Marlboro Police Department that was performed by the New Jersey Department of Community Affairs Division of Local Government Services. Hornik requested that the audit be conducted.
Contained in the audit were comments concerning Holmes rewarding one officer’s bad behavior by providing that officer with day shifts and driving the officer to work. There were also reports of a lack of planning by the then police department administrators to combat a string of burglaries that began in April 2008.
“I find it is beyond offensive that an individual who was to uphold and enforce the laws of the community has done something so repugnant and wrong to children. If the allegations prove true, we hope that Mr. Holmes is prosecuted to the full extent of the law,” Hornik said.
The mayor said the police department has since moved forward under the direction of its new chief Bruce E. Hall.
The next court proceeding for Holmes will be the arraignment, which is the formal presentation of the indictment to the defendant. Holmes’ arraignment will be scheduled within the next 45 days.