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The conviction of Phillip Stewart III, 39, was the first verdict obtained by the state Division of Criminal Justice in a socially distanced jury trial during the COVID-19 pandemic, Attorney General Gurbir S. Grewal said Tuesday.
Participants in the trial wore face masks “to comply with Centers for Disease Control and Prevention (CDC) guidelines and maximize safety,” Grewal said.
“There were plexiglass barriers between each juror in the jury box and the two rows of jurors were six feet apart,” the attorney general said. “There also were plexiglass barriers between those seated at the defense and prosecution tables. Jurors and witnesses wore clear masks provided by the court.
“Attorneys were permitted to remove their masks while standing at a socially distanced podium with a plexiglass barrier while questioning witnesses or addressing the jury,” Grewal said.
Jurors convicted Stewart of conspiring with Shaminga Davis, 32, of Morrisville, Pa., a former temporary employee of the NJ Department of Labor and Workforce Development who “used her position to steal 11 checks totaling $18,222 that were made payable to the department,” Grewal said.
“Davis gave nine of those checks, totaling $17,206, to Stewart, who deposited them into another person’s bank account and withdrew all of the money,” the attorney general said.
Davis pleaded guilty to theft by deception as part of a deal that will require her to spend 364 in the Mercer County Jail before probation provided she makes full restitution. She’s awaiting sentencing, Grewal said.
Stewart, meanwhile, was convicted of conspiracy and theft by unlawful taking Friday by a Mercer County jury.
Superior Court Judge Peter E. Warshaw scheduled his sentencing for Jan. 8.
Deputy Attorneys General Danielle Scarduzio and Kara Webster tried Stewart for the Division of Criminal Justice Specialized Crimes Bureau, with assistance from Technical Assistant Gabrielle Pichler, Deputy Chief of Detectives Ritchie King, Detective Brisa Mosley (who was the prosecution team’s trial detective) and Detective Christine Sullivan, Grewal said.
Administrative Analysts Michael Kulyk and Anya Gayles investigated on behalf of NJDOL. Deputy Attorney General Adedayo Adu presented the indictment to the state grand jury and secured the guilty plea from Davis.
“I commend our trial team for meeting the challenges of a socially distanced trial to ensure that this defendant was held accountable for stealing from the State of New Jersey and its taxpayers,” Grewal said.
“I also commend the [state judiciary] for designing a courtroom and procedures that allowed this trial to proceed safely and justly during the COVID pandemic,” he said.
The news comes a day after the New Jersey Supreme Court suspended all criminal and civil jury trials and in-person grand jury sessions amid a spike in coronavirus cases in the Garden State.
SEE: NJ Suspends Jury Trials, Grand Juries Amid Second COVID-19 Wave
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