A lawsuit filed by a Somerset County Prosecutor's Office detective alleges that unqualified officials were put in charge of the office's Forensics Unit, outlines how evidence was improperly handled and, in one high profile case, reportedly destroyed.
Veteran Somerset County Prosecutor's Office Det. Jeffrey Scozzafava's lawsuit, in which he alleges that unqualified officials were put in charge of the office's Forensics Unit, outlines how evidence was improperly handled and, in one high profile case, reportedly destroyed.
The lawsuit, filed April 20, claims that when Scozzafava pointed out their errors in several cases, he was retaliated against and ultimately transferred out of the department.
Scozzafava, who began working with the office in 2007 after retiring from the New Jersey State Police as supervisor of crime-scene detectives, alleges in the lawsuit that he witnessed the mishandling and destruction of evidence in the Sviatlana Dranko homicide and arson investigation, a bank robbery and the investigation into the deaths of former Cooper University Health System Chief Executive Officer John Sheridan and Joyce Sheridan at the couple's Montgomery Township home.
Scozzafava also claims in the lawsuit that Capt. Lee Niles was put in charge of the Forensics Unit despite having no training in forensics. He also charged that Sgt. Joseph Walsh was transferred from the Burglary Unit to the Forensics Unit and promoted to lieutenant even though he had no training in forensics.
The lawsuit outlines seven examples of evidence allegedly being mishandled, destroyed or improperly documented and catalogued:
- Niles allegedly removed carpet in the Dranko homicide and arson investigation that was to be biological tested by improperly cutting and collecting the evidence bare-handed using a non-sterile box cutter. Juan Jimenez-Olivera, accused of killing Dranko, accepted a plea deal in August of last year.
- In a bank robbery investigation, Forensics Technician Barry Jansen reportedly found the stolen money under a passenger car seat and gave it to Niles. Neither wrote a report regarding where the money was found as required, it is alleged.
- As the bank robbery trial approached, Niles allegedly asked Scozzafava to tell the assistant prosecutor that he found the money. He refused and Niles testified, although he didn't write any investigation, supplementary or laboratory reports. Scozzafava said it was after this incident that Niles' behavior toward him "became brusque."
- Evidence from the Sheridan bedroom, including large pieces of charred bedding, were allegedly left lying exposed for months on the vehicle bay floor and stored in an open bag in the fingerprint lab.
- Blood collection swabs were reportedly "improperly packaged" by a forensic technician.
- Evidence envelopes were reportedly "shoddily taped, leaving open gaps that created the potential for contamination."
- Niles allegedly told an assistant prosecutor that investigators had searched for fingerprints using what he called a "flashlight technique" even though no such technique existed "and was an obvious excuse for nonfeasance during scene processing."
In March 2015, the prosecutor's office concluded that John Sheridan, 72, murdered his wife Joyce, 69, in the bedroom of their Montgomery Township home, set the room on fire and then committed suicide by stabbing himself five times in the neck and torso. A murder weapon was never discovered.
Sheridan case should be reopened
Mark Sheridan, one of the Sheridan's four sons, said Wednesday he wants an independent prosecutor appointed by the governor's office or an independent council appointed by the state legislator or federal authorities to get involved in the investigation.
Mark Sherdian said the family plans to return to court and file a lawsuit in the Appellate Division.
"This confirms our worst fears with what went on inside the Somerset County Prosecutor's Office regarding the investigation of our parents' death," said Mark Sheridan. "If these allegations turn out to be true, there should be a criminal investigation.
"I want to see what the new prosecutor, the new attorney general and the governor are going to do about this. They all have a responsibility to act and it's about time they start acting."
Capt. Jack Bennett, a spokesman for the prosecutor's office, said the office cannot comment on pending litigation. A call to the Lambertville-based law firm of Zatuchni & Associates, which represents Scozzafava, seeking comment wasn't immediately returned.
In December, the Sheridan's sons submitted an expert opinion in the form of an affidavit from nationally-known pathologist Dr. Michael Baden to the state Medical Examiner's Office and Attorney General's office refuting the state's pathologist's findings. Baden said the death appears to be a homicide, not a suicide.
"We were told that if the Medical Examiner's Office didn't act within six months, we should return to court," said Mark Sheridan. "The Medical Examiner's Office had six months to read 18 pages from Dr. Baden and haven't responded to our request. It's pathetic."
In his lawsuit, Scozzafava claims that he came forward days after the Sept. 28, 2014 deaths of the Sheridan's to report "unsealed and unlabeled evidence" laying in the fingerprint lab and vehicle bay. Even after he reported it to his supervisor, the evidence remained there for "several weeks," he alleged.
"The fact that these allegations arose within days after our parents' murder and before the police came back to our parents' home for a second time, it's unbelievable that a cover up had been going on," said Mark Sheridan. "It's unbelievable that nobody had the moral fortitude to do something. Unbelievable."
The Sheridan's sons have long disagreed with the prosecutor's office conclusion and have waged a legal fight to have the findings overturned. In February, a group of 200 prominent New Jersey residents, including three former governors, called for the investigation to be reopened.
"I've kind of lost faith in anybody doing the right thing," said Sheridan. "I don't think the prosecutor's office can police itself. I don't think the attorney general's office can police itself.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.