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TRENTON
– Attorney General Anne Milgram and
Criminal Justice Director Gregory A. Paw
announced that a sergeant in the Pohatcong
Police Department was indicted today on
charges he filed a false police report and
lied under oath three times about a motor
vehicle search he conducted last year that
led to a gun charge against the driver of
the car.
Frank
Pagano, 43, of Phillipsburg, was charged
in an eight-count state grand jury indictment
with four counts of second-degree official
misconduct, three counts of perjury and
one count of falsifying or tampering with
public records. The perjury and falsifying
records counts are third-degree offenses.
Pagano
stopped a motorist on the night of Jan.
9, 2007 on Route 22 West. After learning
the man was wanted on a municipal warrant,
Pagano arrested him and searched his car,
finding a loaded handgun. The man was charged
and later indicted for unlawful possession
of a handgun.
The
indictment against Pagano alleges that he
filed a false police report about the motor
vehicle stop and perjured himself on three
separate dates while testifying about the
gun charge, both before the grand jury and
during a hearing on a motion to suppress
evidence in Superior Court.
It
is alleged that Pagano made false statements
in his report and testimony that, if true,
would have potentially had the effect of
justifying his search of the car and supporting
the gun charge filed against the motorist.
The
gun charge against the motorist was dismissed
by the Warren County Prosecutor’s
Office after prosecutors viewed a video
tape of the incident recorded by the mobile
video recorder in Pagano’s patrol
car. Pagano’s report and testimony
allegedly are inconsistent with the tape.
The
case was investigated by the Division of
Criminal Justice Corruption Bureau. Deputy
Attorney General J. Michael Wicke presented
the case to the state grand jury.
The
indictment was handed up to Superior Court
Judge Maria Marinari Sypek in Mercer County,
who assigned the case to Warren County,
where Pagano will be ordered to appear at
a later date to answer the charges.
Second-degree
crimes carry a maximum sentence of 10 years
in state prison and a criminal fine of $150,000,
while third-degree crimes carry a maximum
sentence of five years in prison and a $15,000
fine.
The
indictment is merely an accusation and the
defendant is presumed innocent until proven
guilty.
A
copy of the indictment is available with
this press release at www.njpublicsafety.com.
The
Division of Criminal Justice has established
a toll-free Corruption Tipline for the public
to report corruption, financial crime and
other illegal activities. The statewide
Corruption Tipline is 1-866-TIPS-4CJ. Additionally,
the public can log on to the Division of
Criminal Justice Web site at www.njdcj.org
to report suspected wrongdoing. All information
received through the Division of Criminal
Justice Corruption Tipline or Web page will
remain confidential.
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