LINDEN — Linden’s municipal court judge overstepped his authority by prosecuting and presiding over the same case, a Superior Court judge in Elizabeth ruled today. In his ruling, Superior Court Judge Scott Moynihan identified several flaws in the May trial, including that a police officer was allowed to cross-examine the defendants and that Judge Louis M. J. DiLeo of...
Street view of the Linden municipal building. A Linden judge is accused of presiding over the same case he prosecuted.LINDEN — Linden’s municipal court judge overstepped his authority by prosecuting and presiding over the same case, a Superior Court judge in Elizabeth ruled today.
In his ruling, Superior Court Judge Scott Moynihan identified several flaws in the May trial, including that a police officer was allowed to cross-examine the defendants and that Judge Louis M. J. DiLeo of Linden did not issue fair or proper sentences.
Moynihan revoked the sentences of Anthony and Wendell Kirkland, and remanded their cases back to municipal court in Elizabeth.
No attorneys were present when the cousins were originally tried and DiLeo questioned witnesses on both sides. The defense claimed on appeal his questions were biased in favor of police.
"(DiLeo) deviated from standards of impartiality," Moynihan said in court today.
Moynihan went on to call the original trial a "perversion of justice," and added that allowing the arresting officer to act as an agent of the state and question witnesses should never have been allowed.
DiLeo declined to comment when contacted after the court session. The Union County Prosecutor’s Office also declined to comment.
The Kirklands were convicted by DiLeo in May of attempted burglary and other charges in trying to steal wheels off a car belonging to a Linden resident. He sentenced them to 180 days in jail and three years of probation.
The sentences were extreme for related non-violent offenses, Moynihan said in his ruling, and did not reflect time the cousins had spent in county jail and for which they should have received credit.
The cousins were also convicted for a count of marijuana possession, but today Moynihan ruled there was not enough evidence for that charge and found them not guilty. That charge will not be part of the retrial, he said.
"What was done to them was a travesty all around," said Michael Rubas, an attorney for Wendell Kirkland.
Wendell Kirkland said he was glad the court recognized DiLeo acted improperly.
Last month, Linden Mayor Richard Gerbounka attempted to replace DiLeo, but the measure did not pass in city council.
Previous coverage:
• Linden council votes against replacing judge accused of prosecuting, presiding over same case
• Linden judge prosecuted, presided over same case, court transcripts show