CAPE MAY COURT HOUSE — Former Wildwood police Sgt. David Romeo, who was convicted of official misconduct, remains free on bail, but the Cape May County Prosecutor’s Office argued Tuesday that his bail should
be rescinded following the dismissal of his appeal.
“Now, 21 months later, he has no appeal because the appeal has been dismissed,” Assistant Prosecutor Vincent Molitor said of the appeal filed after Romeo was sentenced. “He can’t be on bail pending an appeal when there’s no appeal pending.”
Two years ago this week, jury selection began in Romeo’s official misconduct trial, and on March 8, 2010, a jury found him guilty of the second-degree crime after he kicked two suspects. Then, on May 21 of that year, Superior Court Judge Raymond Batten sentenced Romeo to five years in state prison, but he allowed Romeo to remain free on his own recognizance while Romeo’s attorney pursued an appeal in hopes of winning a new trial.
Recently, however, the appeal was dismissed because the state Attorney General’s Office, which is handling the appeal, argued that the record on the case was incomplete.
Standing before Batten on Tuesday, Hackensack-based attorney Kevin G. Roe, representing Romeo, argued that the Attorney General’s Office was referring to court transcripts of testimony by a witness who played no actual part in the trial and was not relevant to the appeal.
“The record is complete,” Roe said.
Roe said he filed a motion Saturday asking the appellate division to reconsider the dismissal.
But Molitor, noting Romeo was not in the courtroom Tuesday, said he should not receive special treatment.
“I think this court should no longer give (Romeo) the benefit of the doubt,” he said.
A spokeswoman with the Attorney General’s Office said Tuesday afternoon that the office declined to comment on the case.
Batten said he would not make a decision Tuesday and instead set another court date in March for the matter to give the appellate division time to take action.
During the trial, Romeo told jurors that he kicked two car burglary suspects, Gilbert Haege and Louis McCullough, because he saw a weapon — a Leatherman multipurpose tool — lying on the ground between them July 24, 2007.
Three of Romeo’s fellow Wildwood police officers, however, testified that there was no weapon on the ground, and that the men had been subdued when Romeo kicked them.
“I saw the knife on the ground. It was a threat. I had to get the knife,” Romeo told the jury.
During the sentencing hearing, Batten said he found Romeo’s testimony unbelievable.
“The defendant’s conduct was excessive in force used and it was premeditated,” Batten said.
But Batten also chose not to sentence Romeo to a five-year mandatory minimum term of imprisonment without parole as provided for by state law for public officials convicted of second-degree crimes.
So, if Romeo is ultimately unsuccessful in his appeal, he would be sent to prison for five years, but would be eligible for parole after serving slightly more than one year.
Romeo joined the department in 1994 and his last day with the city was May 21, 2010. He was suspended without pay in August 2007.
Contact Trudi Gilfillian:
609-463-6716
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