Complaint Review: Ocean County Prosecuter - Toms River New Jersey

Well,the Grand Jury indictment hearing was held on 01/03/2007.The prosecutors office actually eventually put a good case together. Unfortunately,the Grand Jury has decided not to go forward with a formal charge against Richard Porcello for aggravated Assault.Porcello will get off there,but there are several huge civil matters underway right now. The first thing that will happen is a very substantial judgement placed against Porcello by my attorneys.That means no mortgage,ever,no financing for a vehicle until he has satisfied these judgements. This information will become a matter of public record 45 days after the hearing.

John, I was thinking exactly the same thing as I read through this report. A criminal case may provide vindication, but it is more likely that the victim will walk away in disbelief at the meager punishment which will ultimately be doled out. And if he's counting on a victim's compensation fund to make him whole, he will be doubly surprised. A civil case could provide a judgment reflecting the actual severity of the event. And John, you are correct in asserting that the burden of proof is more relaxed. In a criminal case, the State has to prove its case "beyond a reasonable doubt." This standard cannot actually be quantified, but for the sake of argument let's say it means the jurors have to be 95% certain that the events happened as the State says they did. In a civil personal injury/battery/assault case, however, the burden of proof is "a preponderance of the evidence" which basically means that the plaintiff only has to make the jurors 51% certain that the events were as he says. Usually there's a big problem with civil suits in cases like these. To put it bluntly, people who go around starting fights at bars generally lack the resources to satisfy large judgments. In other words, you could sue the guy, and you could even obtain a judgment, but it is unlikely that you'll ever even see enough cash to pay your lawyer. So, chances are, you'll never find a lawyer to take the case in the first place. But the reporter claims that his attacker comes from money, so maybe it would be worth a shot. As for the criminal case, the timeline that can be drawn from the report and updates is telling. An above rebuttalist made the point that a prosecutor has to prove a case beyond a reasonable doubt and has discretion to refuse cases that cannot be proven to such a degree. This statement is partially correct. More accurately, however, the prosecutor is under an ETHICAL duty to NOT bring prosecutions if he has a significant doubt as to the sufficiency of his evidence. Not to disparage the original reporter, but I think most of us recognize that we're not being given the entire story. But the prosecutor DOES have the entire story, or at least the story that is told by the evidence. Most likely, he initially made a decision that the evidence told a story that did not necissarily lead to a "beyond a reasonable doubt" conclusion that the attacker was the initial agressor and was not acting in self-defense. In other words, the prosecutor looked to the evidence and saw a complete defense staring him in the face. At that point, he was under a duty, absent additional evidence, to set the case aside. Later, however, additional evidence, in the form of an eyewitness statement, was presented. This evidence tended to show that the attacker struck his blows as the victim was retreating. At that point, the self-defense-defense looked substantially weaker. The case was then brought before a grand jury. And here's why I came to the conclusion I did: grand juries are rarely used in state prosecutions these days. In the federal system, and in states years ago, the grand jury was used in pretty much every felony case to ensure that the evidence presented probable cause to bring an indictment. Now, however, most states have abandoned the grand jury system and use it only in very limited circumstances. Basically, the state grand jury now serves as a prosecutors' "testing ground" where he can see if his evidence at least meets the "probable cause" standard so that he may be absolved of any ethical ramifications of bringing an un-winnable prosecution. So the fact that this case went before a grand jury likely means that the prosecutor was equivocal as to whether his case was sufficient for trial. People who are unhappy with the outcomes of legal proceedings will always look to something other than the weakness of their own case. In this case, the reporter cited corruption on the part of the prosecutor. The evidence before us, however, leads to a different conclusion.

I am not a lawyer, just a concerned citizen. Why don't you consider bringing a civil lawsuit against him? This may be able to give you some financial compenstion because of his actions. From what I understand the burden of proof is far more laxed in a civil case than in a criminal case. Is there any lawyers that might be reading this have any comments about a civil lawsuit?

Nobody in this state has the slightest clue how to operate a motor vehicle. New Jersey auto insurance rates are the highest in the United States. The turn lanes are not clearly marked at intersections so you could have 3 lanes all trying to make the same turn at the same time. I didn't learn how to drive in this state and I'm sorry that I moved here. I live in a suburban area and the things that have happened recently are out of hand. A kid from down the street just stole my nephews pit bike right out of our yard. He just entered the property and walked it down the street to his house. This is by far the worst state I've ever lived in or even visited. If you qualify for Medicaid or any other benefit in Jersey and somehow manage to make more than 800.00 a month they and New Jersey care will revoke your benefits. Jersey sucks!

I never visited a bar or did any other 'risky' activities. The first day that I drove into Livingston I started noticing that many cars (50% or more) had thir right rear fender rounded over toward the cars center. At a traffic light I saw why. When the light turned green, the left turning vehicles would zoom into their turns as fast as possible, while the opposing traffic going straight ahead zoomed ahead as fast as possible. Sometimes the left turning vehicle was clipped on its rear by the opposing vehicle. This was really agressive behavior, and the police must not have cared since the practice seemed universal. I doubt behavior in NJ has improved any in 32 years, and the way people drive gives an insight into how they behave the rest of their day, everyday. So, yea, move out! Leave that place to the animals! And congrats on moving your case forward.

I didn't include all of the facts as I should have. An eye witness has filed a statement and did at the time of the incident that Richard Porcello attacked me while I was not looking and the initial altercation was over. The prosecutors office has obtained copies of my medical records to present to the grand jury for an indictment. I had to contact several state and federal agencies to put pressure on the prosecutors office to get this done. No matter what he is in the wrong for attacking me after the shouting had subsided. He wailed me in my temple well after I had walked away from him causing my head to contact the pavement and ultimately causing the brain trauma.Even circumstantial evidence is more reliable than an eye witness account but in this case and after reviewing my criminal record or lack thereof against his considerable record. The indictment is going forward.

I didn't include all of the facts as I should have. An eye witness has filed a statement and did at the time of the incident that Richard Porcello attacked me while I was not looking and the initial altercation was over. The prosecutors office has obtained copies of my medical records to present to the grand jury for an indictment. I had to contact several state and federal agencies to put pressure on the prosecutors office to get this done. No matter what he is in the wrong for attacking me after the shouting had subsided. He wailed me in my temple well after I had walked away from him causing my head to contact the pavement and ultimately causing the brain trauma.Even circumstantial evidence is more reliable than an eye witness account but in this case and after reviewing my criminal record or lack thereof against his considerable record. The indictment is going forward.

I didn't include all of the facts as I should have. An eye witness has filed a statement and did at the time of the incident that Richard Porcello attacked me while I was not looking and the initial altercation was over. The prosecutors office has obtained copies of my medical records to present to the grand jury for an indictment. I had to contact several state and federal agencies to put pressure on the prosecutors office to get this done. No matter what he is in the wrong for attacking me after the shouting had subsided. He wailed me in my temple well after I had walked away from him causing my head to contact the pavement and ultimately causing the brain trauma.Even circumstantial evidence is more reliable than an eye witness account but in this case and after reviewing my criminal record or lack thereof against his considerable record. The indictment is going forward.

I didn't include all of the facts as I should have. An eye witness has filed a statement and did at the time of the incident that Richard Porcello attacked me while I was not looking and the initial altercation was over. The prosecutors office has obtained copies of my medical records to present to the grand jury for an indictment. I had to contact several state and federal agencies to put pressure on the prosecutors office to get this done. No matter what he is in the wrong for attacking me after the shouting had subsided. He wailed me in my temple well after I had walked away from him causing my head to contact the pavement and ultimately causing the brain trauma.Even circumstantial evidence is more reliable than an eye witness account but in this case and after reviewing my criminal record or lack thereof against his considerable record. The indictment is going forward.

If the situation occurred as Larry interpreted it, it will be very hard to convict the guy. You escalated the situation by getting out of the car to confront him. His lawyers could argue to the jury that he thought you were about to attack him with a weapon so he hit you in self-defense. If someone is merely shouting at you, you have a "duty to retreat", not the right to engage in a fight.

If the situation occurred as Larry interpreted it, it will be very hard to convict the guy. You escalated the situation by getting out of the car to confront him. His lawyers could argue to the jury that he thought you were about to attack him with a weapon so he hit you in self-defense. If someone is merely shouting at you, you have a "duty to retreat", not the right to engage in a fight.

If the situation occurred as Larry interpreted it, it will be very hard to convict the guy. You escalated the situation by getting out of the car to confront him. His lawyers could argue to the jury that he thought you were about to attack him with a weapon so he hit you in self-defense. If someone is merely shouting at you, you have a "duty to retreat", not the right to engage in a fight.

If the situation occurred as Larry interpreted it, it will be very hard to convict the guy. You escalated the situation by getting out of the car to confront him. His lawyers could argue to the jury that he thought you were about to attack him with a weapon so he hit you in self-defense. If someone is merely shouting at you, you have a "duty to retreat", not the right to engage in a fight.

This is the name of the guy who did this to me.I am still waiting to hear from the OAG.I will be posting pictures of my injuries on this site too very soon 06/09/06.The prosecuter is obviously waiting for the statute of limitations to run out on this crime so he does not have to do anything at all.I'm sure he thinks this will help him in the eyes of voters and his colleages.Well I'm crippled now and I have alot of time to dedicate to my PR plan.
I would surely rather be living a normal life again and working where I made almost as much a week as disability pays me right now in a month.I am waiting for 3 news agencies to get back to me.

There are conflicting reports made by the police department and the actual events. The crime rate in this area is soaring. The prosecuters office tells me they will take another look at the case and call me. They never call. If criminals aren't punished they will continue to behave this way.

Will the prosecuters office wait until this guy kills someone. I did stop breathing after this attack. But the police report says I started breathing again on my own. Not true and I've had a discussion with the man who resucitated me. I cannot work at the age of 36. Lost my vehicle and virtually all of my independence. Don't move to New Jersey because it isn't safe.

I've lived in all three of the Tri States. I've never seen anything like this. Myself and my relatives in the area have decided to first vote and then move away. My brother in law has lived here all of his life and owns a house and a beautiful truck. He is tired of his things being vandalized and has made the decision to move. My friend in Connecticut suffered a great loss when his sister was killed while vacationing in Jersey. They never solved this crime. It's not even safe to visit.

I have sent the Office of the Attorney General New Jersey all of the information I have regarding the case. I'm waiting for a response.

Unfortunately I have no Idea who to go to or who to inquire to in order to find out.All I can find in Jersey is a web site for the OAG.There seems to be no contact information.It appears I'm stuck.The squeaky wheel does sometimes get the grease but money talks an my b.s. walks.As I mentioned before his family is loaded.Someone posted his 75000 dollar bond (no 10 percent).My disability check is less than 1200 a month.That constitutes about one quarter of what I earned before this incident.And just a side note.Please excuse any typographical errors as it is very challenging for me to even type with the little tiny bit I have left.I really am quite well educated and have tested as high as 140 on my IQ tests

Unfortunately I have no Idea who to go to or who to inquire to in order to find out.All I can find in Jersey is a web site for the OAG.There seems to be no contact information.It appears I'm stuck.The squeaky wheel does sometimes get the grease but money talks an my b.s. walks.As I mentioned before his family is loaded.Someone posted his 75000 dollar bond (no 10 percent).My disability check is less than 1200 a month.That constitutes about one quarter of what I earned before this incident.And just a side note.Please excuse any typographical errors as it is very challenging for me to even type with the little tiny bit I have left.I really am quite well educated and have tested as high as 140 on my IQ tests

Unfortunately I have no Idea who to go to or who to inquire to in order to find out.All I can find in Jersey is a web site for the OAG.There seems to be no contact information.It appears I'm stuck.The squeaky wheel does sometimes get the grease but money talks an my b.s. walks.As I mentioned before his family is loaded.Someone posted his 75000 dollar bond (no 10 percent).My disability check is less than 1200 a month.That constitutes about one quarter of what I earned before this incident.And just a side note.Please excuse any typographical errors as it is very challenging for me to even type with the little tiny bit I have left.I really am quite well educated and have tested as high as 140 on my IQ tests

Unfortunately I have no Idea who to go to or who to inquire to in order to find out.All I can find in Jersey is a web site for the OAG.There seems to be no contact information.It appears I'm stuck.The squeaky wheel does sometimes get the grease but money talks an my b.s. walks.As I mentioned before his family is loaded.Someone posted his 75000 dollar bond (no 10 percent).My disability check is less than 1200 a month.That constitutes about one quarter of what I earned before this incident.And just a side note.Please excuse any typographical errors as it is very challenging for me to even type with the little tiny bit I have left.I really am quite well educated and have tested as high as 140 on my IQ tests

Why don't you try higher up? You know they say the squeaky wheel gets greased.
If indeed what you think is happening really is then you need to go higher than the prosecuter and not stop until you get answers.

Joseph:

You undoubtedly suffered some serious permanent injuries and you have my deepest sympathy.

I am not an attorney but have had some experience with trying to get people prosecuted. The law gives prosecutors an enormous amount of discretion as to who to prosecute and for what. The law also holds the prosecutor to the highest standards; that is, he must convince the entire jury beyond a reasonable doubt the accused is guilty as charged. Prosecutors also have limited resources -- they cannot prosecute every crime because they do not have the manpower.

The result is that any time there is even the slightest doubt of obtaining a conviction the prosecutor will decline from taking the case.

As I understood your report, you were in a vehicle, a person was outside the car screaming at you, and you got out to confront him instead of just driving off. You also mentioned that this occurred outside a bar, suggesting that both you and the screamer had been drinking. If those are the facts, the screaming kid could easily raise the self-defense argument and a juror could easily accept it. The fact that you got badly injured would not mitigate the fact that you chose to respond to words with a physical confrontation.

Under those circumstances it is pretty easy to see why the prosecutor declined to press charges against the other party.

I neglected to mention that he (mr porcello) was arrested and processed that night.