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Hackensack officers indicted in retaliation case

UPDATE: A Bergen County grand jury has made it official: Prosecutor John L. Molinelli on Friday announced indictments returned against three Hackensack police officers and the sister of the patrolman at the center of the trouble.

Photo Credit: BERGEN COUNTY PROSECUTOR

MUGSHOTS courtesy BERGEN COUNTY PROSECUTOR

The 13-count indictment springs from a fight that Officer Richard Sellitto, 27, and his 25-year-old sister, Dana (both LEFT), got into at a Paramus Houlihan’s before dawn on June 7.

Sellitto – who had his jaw broken in a fight at a Hackensack bar months earlier — called it in as an assault on him and his sister.

A short time later, a group of officers from both Paramus and Hackensack rushed to the home of one of the men, Andrew Milberg, seeking revenge, according to Molinelli.

Milberg was arrested on charges of possessing marijuana and drug paraphernalia, two law enforcement sources told CLIFFVIEW PILOT. Initial reports were then changed in an attempt to indicate he resisted arrest, they said.

Among those charged in connection with the visit are Officer Anthony Ferraioli (BOTTOM LEFT), who, the prosecutor said, bashed Milberg in the head, sending him to the hospital with an ear injury. Ferraioli, 47, then “filed a police report containing false information,” Molinelli said.

Ferraioli remains free on bail, suspended without pay, charged with official misconduct, aggravated assault and falsifying police records.

Detectives also arrested Officer Alberto Gutierrez, 57 (BOTTOM RIGHT), and charged him with obstructing justice and witness tampering for allegedly “coaching” one of the officers on what to say to the prosecutor’s investigators (SEE: Second Hackensack officer charged …). He, too, remains free on bail.

The Sellittos also are out, pending upcoming court appearances for all four near the end of this month.

Officially, the grand jury indicted Ferraioli on charges of official misconduct, aggravated assault and falsifying a police report; Gutierrez on official misconduct, witness tampering and obstructing justice; and both Sellittos on official misconduct, providing false information to incriminate another, and hindering an investigation.

Grand jurors voted in favor of the indictment based on an investigation by Molinelli’s Confidential Investigations Unit, which found that Silletto “purposefully, falsely identified Andrew Milberg as being involved in the assault at Houlihan’s in order to hinder the prosecution of Anthony Ferraioli for allegedly assaulting Milberg.”

Ferraioli, a 47-year-old former union president from Paramus, is one of one of more than a dozen officers who have brought civil rights charges against now-suspended Police Chief Charles “Ken” Zisa, claiming he retaliated against them for various reasons. (SEE: Hackensack officer suing city, county charged with beating, cover-up).

But, as CLIFFVIEW PILOT first reported exclusively, a federal judge in Newark dismissed several civil rights complaints against Zisa and others by four other Hackensack police officers. Perhaps more significantly, the judge indicated he could require the city to impose sanctions against them (SEE: Federal judge dismisses complaints).

Molinelli’s office monitored the city department for 11 months, under a Memorandum of Understanding with the city, after Zisa was charged in April 2010 with insurance fraud and covering up a DWI crash involving his girlfriend. Major internal matters have since been referred to his investigators to avoid any appearance of impropriety. Capt. Tomas Padilla has remained in charge.

It isn’t the only trouble that has found Sellitto (SEE: Probe under way into bar fight).

He was drinking last December at the Poitin Still — a popular Hackensack police hangout — when the bartender asked him to leave, a law enforcement source who spoke on condition of anonymity told CLIFFVIEW PILOT. They got into an argument, which turned into a fight in the parking lot, he said.

The source didn’t say how many witnesses were there, or whether anyone summoned police.

However, a review by CLIFFVIEW PILOT of police logs — which are open for public inspection — show no calls came in to headquarters from that location that night.

According to more than one source, the injured cop’s father called headquarters at least 14 hours later to find out what happened.

Officers were then dispatched to interview the officer. Meanwhile, a criminal background check turned up a 2001 domestic violence warrant for the bartender.



 


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