State AG asked to investigate the “Mirabella Deal”
By Tina Renna | February 9, 2010A signed agreement between the Borough of Garwood and police officer Genarro Mirabella was obtained through the Open Public Records Act today.
The agreement stipulates that Mirabella would resign and have two disiplinary actions dismissed. The disiplinary actions stemmed from alledged crimes which were reportedly caught on video tape. In exchange future employers are to be told by the Garwood Police Department that officer Mirabella resigned “in good standing”.
A request to the State’s Attorney General was made today for an investigation into whether favoritism or other improper purpose influenced the Westfield Municipal Prosecutor to decline to prosecute Gennaro J. Mirabella on October 14, 2009. This matter is of public interest because Mirabella, until October 5, 2009, was a seventeen-year veteran of the Garwood Borough Police Department and is also the brother of Union County Freeholder Alexander Mirabella.
Attached to the letter to the AG are eleven numbered pages of exhibits that reveal the following:
1. On September 3, 2009, Captain Leonard DiStefano of the Garwood Police Department filed two disorderly persons charges against Mirabella. One alleged that Mirabella was caught on video “purposely tampering with” two currency-to-coin changers at the Jumbo Wash laundry facility (Exhibit 1). The other charged that Mirabella was caught on video opening the drawers of Garwood Borough’s Chief Financial Officer (Exhibit 3).
2. On September 14, 2009, the matters were transferred from the Garwood Municipal Court to the Westfield Municipal Court due to a “judge conflict.” (Exhibit 5).
3. On September 22, 2009, Mirabella entered into a settlement agreement with Garwood Borough under which Mirabella would resign his position as police officer in exchange for the disciplinary charges against him being dismissed. Notably, the settlement agreement provides that Garwood will advise Mirabella’s future employers that he had resigned “in good standing.” (Exhibits 6 – 10).
4. On October 14, 2009, both charges were dismissed against Mirabella because the “State elected not to prosecute in the interest of justice.” (Exhibit 11).
Upon this record, we believe that a reasonable member of the public might suspect that Mirabella was spared prosecution due to his status as a police officer and a Freeholder’s brother. A belief that justice was subverted is especially easy to embrace given that Mirabella’s guilt apparently would not have been difficult to prove since both of the offenses were reportedly caught on tape.
Under the circumstances, we believe that the public would benefit by having the Attorney General’s Office conduct an investigation into this matter.
Signed:
Tina Renna
John Paff