Day in Court Settles Nothing for Mullica Mayor, Accuser
From the Atlantic City Press Published: Tuesday, September 16, 2008
By ERIC SCOTT CAMPBELL Staff Writer, 609-272-7227
FOLSOM - In the idle minutes before his assault trial was supposed to begin Monday morning, a chipper William Kennedy talked golf, anticipating the next of his twice-weekly rounds. Kennedy's accuser, Louis Vitale - himself accused of harassing Kennedy, Mullica Township's mayor - was less upbeat as he recounted a saga of medical attention in the three months between court appearances.
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By ERIC SCOTT CAMPBELL Staff Writer, 609-272-7227
"I've got a kidney stone the size of a nickel," Vitale proclaimed.
If Vitale's medical condition has a judicial equivalent, it now afflicts borough Judge Frank Raso. He can't dispense with this politically charged grudge match, from outside his usual jurisdiction, as quickly as he had hoped.
Subpoenaed witnesses groaned softly as Raso postponed to Oct. 20 the trials of both men, after attorneys raised concerns of conflict of interest and the sequestering of witnesses.
"Quite honestly, I'm a little disappointed that we didn't begin today and conclude today," Raso said. "I'm not going to allow this to happen again." The case stems from a May 12 encounter outside a Mullica Township school board meeting. Kennedy's criticism of recently deceased resident Larry Angel prompted Vitale to call Kennedy a liar, according to several accounts. Vitale said Kennedy responded angrily and punched him, causing him to bump into a crowd and unwittingly knock over a small child.
Kennedy has declined to address Vitale's accusations; his sworn complaint that Vitale harassed him at the meeting makes no mention of physical contact.
Michael St. Amour, Kennedy's fellow Democratic township committeeman, will testify in support of Vitale's account. Another witness, Clifton Wooten, said he is the great-grandfather of the child Vitale mentioned and that he will testify she has said she wasn't knocked over.
Thomas Carl also was lined up to testify on Kennedy's behalf, but after the postponement he was frustrated with both sides' unwillingness to call the whole thing off.
"They ought to just shake hands and walk away from this," Carl told a reporter, before walking across the hallway and repeating those words to Vitale before leaving the building.
The case moved to Raso's docket because Kennedy's elected office presents a conflict of interest in Mullica court. Kennedy is running for re-election this year, though only as township committee member, not as mayor. The five-member committee chooses a mayor from its ranks each year.
When township resident Frank Kelly was asked why he had attended the trial, Kennedy answered instead: "He's here to support the mayor."
So was committee member Kathy Chasey, Kennedy's Republican predecessor. Kennedy has occasionally voted with his Republican colleagues and against the other Democrats.
On Monday, the defendants dressed just as they had at their previous joint appearance June 16: Kennedy in a blue shirt and gray slacks, Vitale in a dark suit. Vitale left off the sunglasses Raso had asked him to remove the last time.
Each man has been assigned a separate prosecutor, so there are technically two trials, but testimony in one would likely be relevant in the other. The four attorneys were unsure exactly how Raso would direct traffic, and they met in the judge's chambers until 45 minutes after the scheduled 10 a.m. starting time.
Both defense lawyers, Steven J. Feldman for Kennedy and Michael T. Peyton for Vitale, wanted witnesses sequestered, removed from the courtroom during the testimony of others. This complicated the trial plans. Furthermore, Feldman suggested Peyton's representation of Vitale was a conflict of interest because Peyton has also represented one of the witnesses: St. Amour.
Feldman cited a legal precedent, and Peyton admitted he didn't know whether he should continue as Vitale's lawyer, even though Peyton's defense of Vitale and St. Amour's testimony about Kennedy would happen in separate trials. Afterward, Peyton said it was more likely he would leave the case.
James Curcio, who is prosecuting Vitale, revived the suggestion of mediation after Raso postponed the trial. Barely hesitating, Raso said dryly, "I have the forms with me."
But would the defendants agree?
"If it would settle this thing," Kennedy said. "But I don't think they're interested."
He was right. "Not at this time," Vitale said. "I gotta get a new lawyer, and we're going to talk about it." Later, he said, "I can't believe what I've got to go through now. This is unbelievable." As Kennedy departed, St. Amour addressed him for the first time. "Take care, have a good one," St. Amour said. "Oh yeah," replied the mayor. "Every day's a good one."
E-mail Eric Scott Campbell: ECampbell@pressofac.com
A case history
n May 12: Kennedy and Vitale exchange words outside a school board meeting.
n May 13: Vitale files a court complaint accusing Kennedy of assault.
n May 14:Kennedy files a court complaint accusing Vitale of harassment.
n June 16: Parties tell Judge Frank Raso they have not been able to settle out of court. Raso schedules trials.
n Monday: Raso postponed trials to Oct. 20.
