SOMERSET COUNTY — After weighing the health issues of two defense attorneys, a Superior Court judge Friday confirmed the date for several relatives to be tried in Somerset County for an interstate payroll and forgery scam that reaped over $600,000. The Oct. 4 start date for Eric Criss, 46, and several of his children was in question amid concerns...
Eric Criss listens during a hearing about his case in Superior Court Judge Robert Reed's courtroom in Somerville. SOMERSET COUNTY — After weighing the health issues of two defense attorneys, a Superior Court judge Friday confirmed the date for several relatives to be tried in Somerset County for an interstate payroll and forgery scam that reaped over $600,000.
The Oct. 4 start date for Eric Criss, 46, and several of his children was in question amid concerns defense lawyer Barbara Ungar would be unable to proceed while recovering from emergency surgery.
Criss, who has been in the county jail 31 months, told Judge Robert Reed on Tuesday that he wanted to proceed with or without his lawyer. All of the attorneys returned to Somerville Friday, where Reed said sufficient accommodations can be made to mitigate the taxing trial schedule.
"I will not adjourn the Oct. 4, 2010, trial date," Reed said. "I am certainly mindful of and sensitive to Ms. Ungar’s health concerns."
Ungar Friday said her doctor thought it best to wait until Oct. 25, but she will accommodate the court’s schedule.
"My request would be if we had lesser of a trial day – and not to include Friday – with frequent breaks, it would be sufficient," Ungar said.
The judge also granted defense lawyer Ronald Nicola’s motion to try Terrell Perrin, 33, of Reading Pa., separately. Nicola is recovering from a stroke.
The case stems from a six-month investigation by the Somerset County Prosecutor’s Office into allegations of racketeering, money laundering and conspiracy. The scheme involved a crew of runners who cashed fake checks from legitimate entities, the state says. The investigation, dubbed "Operation Stop Payment," led to a 407-count indictment in May 2008, the largest in the county’s history.
Most of the 15 defendants pleaded guilty, leaving Criss, two sons, a stepdaughter and her husband, and Tihee Brisbane, 36, of Whippany, who is accused of stealing account information for 2,700 Verizon customers. He is being represented by Louis Mangione Jr.
The decision to proceed drew staunch objections from Assistant Prosecutor Matthew Murphy. He noted Tuesday’s discussion in the judge’s chambers, when Ungar said her doctors had advised her not to proceed. Criss will likely appeal if convicted, said Murphy, who warned he will have to try the case twice.
The judge also granted a motion defense lawyer Peter Hamerslag filed for Criss’ stepdaughter, Tia-Staucia Estee Perrin, 21, of Allentown, Pa. He agreed to prohibit the state from referencing allegations her husband, Terrell Perrin, provided one of the runners with illegal drugs. The information would be prejudicial.
"The use of previous drug dealing cannot be used to show defendant’s husband was prone to illegal activity," Reed wrote. "There is no evidence suggested that drug selling was part of a greater plan of recruiting runners into the enterprise."
