Prosecutor quits trooper sex assault case

 

By BRUCE SHIPKOWSKI, AP from thnt.com Online, December 21, 2007

 

TRENTON — Mercer County Prosecutor Joseph Bocchini Jr. has withdrawn from the probe into allegations that New Jersey state troopers sexually assaulted a college student, and the case has been reassigned to the Middlesex County Prosecutor's Office.

The decision, announced Thursday night by state Attorney General Anne Milgram, follows statements Bocchini made about the case in an interview with The Star-Ledger of Newark published in Thursday's editions.

In the interview, Bocchini describes the case as "a nightmare," involving multiple accounts of what happened, the presence of alcohol, lacking photos or tapes, and with medical evidence that might show only that people had sex.

Milgram said she agreed with Bocchini that his comments were "inappropriate."  Middlesex County is next door to Mercer County, and Milgram noted that the Prosecutor's Office based in New Brunswick has "an experienced sex-crimes unit to take over the investigation."

In a letter sent to Milgram on Thursday, Bocchini said his comments "could very well create a public perception that my office should not handle this investigation."

He added that while he believes his staff could handle the probe in a fair manner, "I believe that in the best interest of this ongoing investigation that supersession is appropriate.  Consequently, I am requesting that this investigation be superseded and assigned to another prosecuting authority."

Seven state troopers have been suspended with pay in connection with a woman's claim that she was sexually assaulted on Dec. 7.

The woman, a 25-year-old college student whose name has not been released, alleged she was assaulted by a group of men that included one or more off-duty troopers at the home of one of the troopers in Ewing.  She had met the men at a bar in Trenton.

A lawyer for one of the troopers has called the woman's claim "absurd" and said that any activities that took place at the home were consensual.

No charges have been filed.

David Wald, a spokesman for the Attorney General's Office, said any court proceedings in the case would still take place in Mercer County.

Asked to comment about Bocchini's withdrawal, attorney Charles Sciarra, who has been acting as spokesman for all the accused troopers, said:  "They (the Mercer County Prosecutor's Office) have been professional and thorough and this is an unusual procedural move which we will monitor.  However, nothing changes the reality that anywhere this matter is fairly investigated, the result will be the vindication of our clients."

 

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