71°
In a highly unusual development in an already-bizarre case, Presiding Superior Court Judge Liliana DeAvila-Silebi kept Peggy Kalfaian in the Hackensack courtroom after sending jurors to lunch in the trial of Konstandin Bitzas.
“I wanted her to know why I was dismissing the charges, that it was her fault,” the judge said.
“Her blatant and continued, purposeful, ongoing disregard of court procedure — her purposeful conduct — caused the mistrial and the dismissal with prejudice,” DeAvila-Silebi said.
Presiding Superior Court Judge Liliana DeAvila-Silebi (STORY / FILE PHOTO: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter)
As a result, the domestic violence charges cannot be brought against Bitzas again.
Bitzas will continue to be tried by the same jury on several weapons possession charges, unless he accepts a plea offer that Assistant Bergen County Prosecutor Vered Adoni said remained on the table.
The deal: five years in state prison — 42 months of it without the possibility of parole.
DeAvila-Silebi stopped yesterday’s testimony short after Kalfaian shouted at defense attorney Ron Bar-Nadav and accused Bitzas of drug use. The accusations continued today, despite a stern warning.
“Yesterday I dismissed the trial early because Ms. Kalfaian needed a break. She appeared to be very upset,” DeAvila-Silebi explained. “I spoke with the prosecutor and she assured me she had spoken with Ms.Kalfaian and she understood. [But] there were three violations yesterday after that.
“Today there have been eight violations about mentioning drugs,” the judge said. “She didn’t just mention drugs. She made gestures to the jury with her hands [indicating drug use].”
DeAvila-Silebi said the incriminating remarks were inappropriate because Bitzas isn’t facing drug offenses: He is charged eight separate fourth-degree crimes related to weapons possession that arose from the Aug. 31, 2013 incident.
These include possession of three different handguns as a “certain persons” — an individual who is prohibited under New Jersey law from owning weapons due to prior felony convictions; possession of a shotgun; possession of a Norinco SKS assault firearm capable of automatic firing; and possession of two large-capacity ammunition magazines that hold 40 rounds each.
The case already has seen strange developments, including DeAvila-Silebi accusing Bitzas of keeping the case file from his attorney in a deliberate attempt to delay his trial (SEE: Judge accuses Fort Lee man in gun case of keeping trial file from lawyer).
The charges dismissed today: second-degree possession of a firearm — a Glock 23 .40 caliber handgun — to use unlawfully against another; third degree threatening to kill Kalfaian to put her in imminent fear of death; and fourth-degree pointing the Glock at her under circumstances manifesting extreme indifference to human life. All that remains are the weapons offenses.
Assistant Bergen County Prosecutor Vered Adoni, defense attorney Ron Bar-Nadav, Konstandin “Dean” Bitzas (STORY / PHOTOS: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter)
Click here to follow Daily Voice Hackensack and receive free news updates.
