BOUND BROOK — A suspended Bound Brook police chief who is charged with official misconduct can remain free on his own recognizance, because it’s been nearly six years since he was first arrested, a state Superior Court judge ruled today. The trial for Kenneth Henderson, 50, is still pending, but Judge Robert Reed noted a state statute that requires...
Restaurant owner, Rafael Rosario, left, sits with his wife while suspended Bound Brook Police Chief, Kenneth Henderson, right, sits in court with is brother Bob, while appearing in front of Superior Court Judge Robert Reed in this 2007 file photo.BOUND BROOK — A suspended Bound Brook police chief who is charged with official misconduct can remain free on his own recognizance, because it’s been nearly six years since he was first arrested, a state Superior Court judge ruled today.
The trial for Kenneth Henderson, 50, is still pending, but Judge Robert Reed noted a state statute that requires him to discharge the $50,000 bail Henderson posted after his arrest in October 2004.
The Somerset County Prosecutor’s Office has accused Henderson of official misconduct for multiple incidents, including allegations that he tipped off restaurateur Rafael Rosario about a pending raid by the state Division of Alcoholic Beverage Control on Oct. 17, 2004.
Rosario also is charged official misconduct, for allegedly trying to circumvent the raid at Cafe Imperial; Assistant Prosecutor Matthew Murphy told Reed that the state will try him first.
The charges against Henderson include that he forced an on-duty police officer to help set up Christmas decorations at the chief’s home. The chief also is accused of going to an apartment without a warrant and, after seeing drugs in the unit, telling officers to “clean the place up.” No one was arrested and evidence was destroyed, the state says.
The two are scheduled to be tried separately. Henderson and Rosario each appeared before Reed in Somerville for a status conference.
Judge Reed said in his ruling that the purpose of bail is to ensure a defendant’s appearance in court, and Henderson has done so.
Rosario remains free on $100,000 bail, but officials say there is a superseding indictment in 2007 filed against him. Defense lawyer Steven Lieberman told the judge that he wants to address the bail issue and plans to file a motion to dismiss the misconduct charges against his client. The motion would be based on a recent U.S. Supreme Court decision that deals with whether an ordinary citizen would have known that their conduct was criminal.
In Rosario’s case, Lieberman said the state alleges the chief called Rosario and warned him that investigators were en route. In question is whether a private citizen would have known that acting on a warning from the chief would be the crime of official misconduct. The motion and bail are scheduled to be argued Dec. 9.