By Amy Batista, Special Writer
Police Officer Frank Marchione was fired Monday night. The Borough Council voted 5-1 to terminate Mr. Marchione, with Councilman Charles “Lee” Stults voting against firing him. The department hired Mr. Marchione on Jan. 1, 2001. Prior to working for the borough, he was a police officer for Middlesex County College from July 1998 through December 2000.
Mayor Larry Quattrone thanked the council “for doing a real tough job.”
“There are parts of being a council member and mayor that are very glorifying and enjoyable and there are parts of this job that are hard to do and it takes a lot out of a person,” Mayor Quattrone said.
Judy Shane, Mr. Marchione’s mother-in-law, said, “I hope you are all very proud of yourselves.”
Ms. Shane pointed to Lt. Frank Gendron, who was sitting at the table by the borough’s labor attorney, and said, “I hope you are especially proud of yourself because you are a problem for the town of Hightstown.”
Several residents said they felt “embarrassed” and “ashamed” to be from Hightstown after the council’s vote.
“It’s a decision you are going to regret,” Resident Scott Caster said. “For all of us, I am embarrassed. I want to thank Mr. Stults for being the brave one of them amongst you.”
Mr. Marchione was suspended on Aug. 22, 2013. In October 2013, he was accused of having sex while on duty. At that time, he was also accused of an alleged incident that occurred on June 14, 2013 involving then Hightstown Engine Co. No. 1 Deputy Chief Scott Jenkins.
“Mr. Marchione was charged with two notices of disciplinary action,” Borough Labor Attorney Elizabeth Garcia said, adding that the latter one was dismissed.
The Mercer County Prosecutor’s office reviewed the allegations and determined criminal prosecution was not warranted.
In January of this year, Mr. Marchione was charged with being “unfit for duty.” The additional charges levied against Mr. Marchione alleged that he was incapable and/or unable of performing his duties as a police officer because he was not fit for duty; incapable and/or unable of performing his duties as a police officer because he was prohibited from carrying, using or being near weapons by the Mercer County Prosecutor’s Office; and no longer qualified to be a police officer and unable to perform his duties because he is no longer authorized to carry a firearm, which is a requirement under New Jersey law.
The hearing on the charges took place on Feb. 11, Feb. 20, April 14, and April 15.
“Judge (Ira) Kreizman held a four-day hearing on this matter where evidence was presented by both myself and by Mr. Marchione’s attorney,” Ms. Garcia said. “(The judge) heard from several witnesses including three experts, who all were accepted as either psychological or psychiatric medical experts.”
According to Ms. Garcia, the judge found that “the Borough of Hightstown has proven by preponderance of the credible evidence that Patrolman Frank Marchione was and remains unfit for duty as a police officer.”
On Monday night, residents, friends and police officers from other towns filled the room to support Mr. Marchione.
Resident and Republican candidate for Borough Council Lynne Woods said that it is undisputed that Mr. Jenkins confronted Mr. Marchione at the Hightstown Borough Police Department on June 14, 2013.
“Using the words of Lt. (Frank) Gendron, who testified in this matter, Jenkins proceeded to ‘harass,’ ‘assault,’ and ‘threaten’ Officer Marchione,” Ms. Woods said.
Ms. Woods proceeded to read a transcript of the conversation, which included profane and inappropriate language. She alleged the conversation also included threats against Mr. Marchione’s career.
Ms. Woods then questioned if Councilwoman Susan Bluth and Councilman Seth Kurs could vote on the matter.
“Based on the fact that Scott Jenkins threatened Patrolman Marchione’s career and council members Bluth and Kurs not only have one, but two campaign signs in Scott Jenkins yard, there is an appearance of conflict of interest here and an appearance that Scott Jenkins is supporting them for their vote against Officer Marchione this evening,” she said.
Borough Attorney Frederick Raffetto said, “The mere fact that there are campaign signs posted on Mr. Jenkins lawn does not in and of itself create a sufficient personal involvement here to requirement council members Bluth and Kurs to recuse themselves on this particular matter. It is up to the council members to consider among themselves if they have any direct or indirect personal involvement that could rise to the level of reasonably impairing their objectivity or independence of judgement.”
Officer Marchione’s wife, Bree, said, “I reserved making comments until today as I mistakenly believed that you would protect my family as my husband has protected yours for so many years.”
She said her husband did not do anything wrong. She noted that her husband saw multiple doctors who declared him “fit for work.” She also pointed out that the borough retained the hearing officer.
“Your hearing officer that is retained by the borough says my husband is unfit because two doctors were biased,” she said. “Is this who you are relying on to make your decision?”
A letter from Officer Marchione’s attorney Christopher Gray to Judge Kreizman dated June 11 states, “Ultimately the facts are abundantly clear that Officer Marchione is fit for duty. After all, Dr. Stanley, Dr. Sandrock, Dr. Gollin, Dr. Bizzaro, and Dr. Aylward all found Officer Marchione fit for duty. The only individual who found Officer Marchione not fit for duty was Dr. Glass. Therefore, when you consider there are five credible opinions that Officer Marchione is fit for duty compared to the one opinion that Hightstown was able to conjure up, the Borough of Hightstown has failed to meet its burden by the preponderance of the credible evidence that Officer Marchione is unfit for duty.”
The letter further states that doctors diagnosed Mr. Marchione with acute stress after the incident with Mr. Jenkins, noting that Mr. Marchione did not leave his house for three to four days afterward. The letter further states that Mr. Marchione reached out to and spoke with Lt. Gendron on June 18, 2013. After the discussion, Lt. Gendron accompanied Mr. Marchione to University Medical Center of Princeton at Plainsboro where Mr. Marchione voluntarily received treatment.
The letter states that Mr. Marchione completed treatment on July 24, 2013, when Dr. Lorna Stanley cleared him to resume full-time duty without restrictions.
Ms. Marchione said the Borough Council and Lt. Gendron have set a dangerous precedent for law enforcement officers.
“You have told them do not ask for help or you will may lose your career,” she alleged. “I only hope that no officers may take their own lives for the precedence that you are setting right now.”
Evan Kane, of Monroe and a neighbor of Mr. Marchione, said, “Twenty-seven months ago Officer Marchione came to you guys and the department looking for help. What’s wrong with that?”
Mr. Kane asked the council how Mr. Marchione is supposed to support his family.
“Think about what you are doing to this man,” he said.
Resident Jeremy Katz said Mr. Marchione went “above and beyond his means and the call of duty in performing his duties.”
“I find it absolutely abhorrent that we have a governing body that just ultimately plays God, if you will, with someone’s career,” Mr. Katz said. “It’s just absolutely appalling. I cannot wrap my mind around the fact that each of you hold in your hands somebody’s career, somebody’s livelihood.”
He told the council members to do their jobs and put Mr. Marchione back to work.
Tom Sweeney, who worked as a Hightstown police dispatcher for 12 years, asked the council why Mr. Jenkins was never charged as a result of the incident at the police department. Nancy Lastra, of East Windsor, said Mr. Marchione has always encouraged other community members to make something of themselves.
“What I am concerned about is that you are getting rid of an officer that has served the community and has made the difference in a lot of people’s lives,” she said.
