Asbury Park Press from Asbury Park, New Jersey • Page 5

L' Asbury Park PressWed. Aug. 12, 1981 A5 od ted to Mrick police trial expec go to jury Moore, lawyer for Patrolman Joseph DeVito and the last of the five defense lawyers to sum up, attacked all phases of the state's case against the policemen, saying the "cast of characters" assembled by the state "defied the imagination of Mel Brooks." Welle, in a three-hour summation, accused the defense of trying to destroy the two former security guards who were key witnesses for the state, "not only in the courtroom but in the community." In attacking the vendetta theory, Welle told the jury "Moore worked at this case for months and months to develop the Plot." The five policemen are charged with conspiracy to steal, misconduct in office, and various thefts stemming from seven incidents at the Two Guys store on Chambers Bridge Road between Oct. 1, 1978, and June 5, 1980. The defendants, in addition to DeVito, are Lt.

Anthony Sierchio and Patrolmen Robert Bauernfeind, John Barbarotta and Michael Krakosky. Moore, in his two-houf summation, said witnesses for the state included "four admitted thieves" and other Brick Township police officers trying to eliminate the five defendants from the department. The defense has contended that former Chief Joseph J. DeAngelo, Detective Walter Bedford and others were part of the political vendetta against the defendants. Welle denied what he called "the plot" theory.

He said none of DeAngelo's testimony could be used against the defendants. Although DeAngelo was told of suspicions the men on the njidnight-to-8 a.m. shift were stealing itemSJ' he never conducted an investigation, He, added. "What an opportunityfor DeAngelo to put the screws to them," Welle told the jury. He said if DeAngelo was biased against the men on that shift, he would have taken action on the suspicions.

In assigning various nicknames to some of the state witnesses, Moore referred to DeAngelo as "Joe the Shredder DeAngelo," because he admitted he had shredded some police records. Moore referred to Patrolman John Resch as "No Recollection Resch," because Resch had testified he couldn't remember the date Barbarotta was supposed to have given him a camera he took from Two Guys. Moore referred to Anthony Spagnuolo as "Anthony Lets Make A Deal Spagnuolo" because he admitted testifying for the prosecution to gain favor with the state before he is sentenced for crimes he admitted in May and to avoid prosecution in other cases. Spagnuolo, a former state treasury agent who operated Tony's Auction Outlet 1 By DANIEL S. CLAY Press Staff Writer TOMS RIVER The jury is expected to begin deliberating today in the trial of five Brick Township policemen charged with conspiracy to steal from the Two Guys in Brick Township, thefts from the store and misconduct in office.

Summations ended yesterday with defense lawyer Francis X. Moore hammering at the defense contention of a political vendetta by other policemen in the department and Deputy Attorney General Lawrence G. Welle saying the alleged "plot" was developed by Moore to provide a defense where none existed. Superior Court Judge William H. Huber was expected to instruct the jury of nine men and five women, this morning on how to apply the law to the case.

The jury then will be reduced to 12 and deliberations will begin. IWlllHlllll.il JT" 1 asking OK for $238.5 million 1 i ay Miss Burke testified she answered an alarm about 3 a.m. Christmas Day 1979. While Bauernfeind was stealing a camera, Sierchio was stealing electronic toys and DeVito was stealing a Bell Howell projector and electronic toys, DeVito talked her into taking a Canon AE-1 camera and equipment, she said. Welle said that on the day before Christmas, DeVito had compromised Miss Bohm by putting a bag of toys in the trunk of her car.

He also said the 3 a.m. Christmas alarm was set by DeVito. "Joe DeVito pried the front door," Welle told the jury. Welle said the defense tried to destroy Miss Burke's credibility by probing her personal life, including that she had an illegitimate child, had smoked marijuana, and was "somewhat a vagabond." Welle said the defense lawyers mentioned marijuana so that some jurors would think she was a bad person and not to be believed. He said Miss Burke was "browbeaten by defense lawyers for five days" on the witness stand, but they could not show any bias on her part against the defendants.

Welle said under present judiciary rules, the background and personal lives of state witnesses can be brought out during cross-examination, but that the state was forbidden from going into the "extracurricular, sexual or marital" backgrounds of the five policemen on trial. Defense lawyers immediately objected to that comment, and Huber instructed the jury to disregard it. Miss Burke testified that on several occasions, she had seen all five defendants take items from the Two Guys store. Moore told the jury that DeVito had been conducting his own investigation of possible thefts at Two Giys and intended to arrest Miss Burke and another police officer, John Maxwell. Welle disputed that, saying DeVito never told other officers he was conducting an investigation.

In closing his summation, Moore told the jury, "what has haunted me since the beginning of this trial is why anyone would want to get DeVito." He said DeVito was a farmer, a father and a cop. Welle charged DeVito with "character assassination" in his testimony concerning June 5, 1978, when DeVito said he called Bedford a coward for not attempting to rescue a woman from a fire in her home in the Greenbriar section of Brick Township. DeVito said that incident had led to a strained relationship between the two men. Bedford testified as a rebuttal witness that he and DeVito never had such an argument. The state then called William Pender, a Greenbriar security guard, who testified he heard no argument between the two.

He said both men went into the house in a futile attempt to rescue the woman. "What character assassination, what slander," Welle told the jury of DeVito's testimony. "DeVito set you up to a bias by Bed-- ford," Welle told the jury. "It's a fraud, a phony." I iff! in Brick Township, has admitted receiving $24,000 in stolen toys and masterminding the robbery of Sayrewood Jewelers in Brick Township March 13, 1980. Moore referred to State Police Investigator Lois Everscheim as "No Time Ever-scheim," because when she was part of a state police team hidden in security perches at the store June 5, 1980, she couldn't say when things happened because she had no watch.

Moore said the state produced four witnesses who were admitted thieves, former Two Guys security guard Janice Burke, former Two Guys security manager Gail Bohm, Resch and Spagnuolo. Miss Bohm testified she believes that toys DeVito put in her car the day before Christmas 1979 were stolen by DeVito from the Two Guys. Moore told the jury Miss Bohm took the toys when answering an alarm Dec. 17, 1979. base as possible," he added.

Customers of Metropolitan Edison Co. and Pennsylvania Electric sister subsidiaries and partners in Three Mile Island, have filed rate increases requesting permission from the Pennsylvania Public Utilities Commission to charge their customers for the cleanup. Nardelli said he also will oppose position that customers should pay $77.8 million for the company's investment in the unused Three Mile Island nuclear reactors. The BPU has said it would not force customers to pay for the plants as long as they are not providing power. Assemblywoman Hazel S.

Gluck, R-Ocean, said the rate increase request is "obscene." Mrs. Gluck, a candidate for state Senate, criticized the Byrne administration for not addressing the question of who should pay for the Three Mile Island accident. She said she will send a telegram to Byrne today "pleading with him" to use his powers to resolve the question. The public should not pay for the accident if the utility was at fault, she said. The major portion of the rate hike request, the $123 million not related to Three Mile Island, is needed to "restore ability to raise capital necessary to finance construction projects," Bartnoff said.

"We must be able to attract the funds needed to upgrade existing facilities, connect new customers, protect the environment and add new generating capacity." Since the accident at Three Mile Island, has withdrawn major capital projects. It ceased work on the Forked River nuclear plant in Lacey Township because it couldn't raise enough money to finish the project. I II X' i Bob Davison Asbury Park Press Investigators use a bloodhound during the search early today for a suspect in slaying of Lisa Guzzo, 16. Police hunt man in slaying pf Dover teen in her home TOMS RIVER Dover Township police are searching for a man they say shot and killed a 16-year-old girl in her Coolidge Avenue home last night. Capt.

William Gallant of the Ocean County Prosecutor's office said Lisa Guzzo was sitting with her 13-year-old sister Gina in a recreation room in the basement of their home at 773 Coolidge Ave. about midnight when she was shot. Gallant said the man suspected of shooting Miss Guzzo entered the house through a side door more than an hour before the shooting. "He was known to her and to her family," Gallant said. "He didn't break in, and he wasn't admitted; he admitted himself." Chief justice leads tributes to Judge Merritt Lane, 60 if I svfc1 1 1 SI i1 From page Al Diane Fahey, Brick Township, a group spokesman, said it would ask operating franchise be revoked.

Mrs. Fahey said the group favors going bankrupt and having the utility managed by a citizens' cooperative. More than $400 million in rate increases granted to since the accident at Three Mile Island "disregards the customers' ability to pay," she said. "This has to stop. Nobody is going to stand by and take this," Mrs.

Fahey said. Alfred L. Nardelli, rate counsel with the state Public Advocate, said he has begun preparing a legal case against the rate increase for presentation when hearings are held this fall. Nardelli said he will enlist testimony from MHB Associates, a San Jose, company headed by former employees of General Electric one of the nation's leading designers of nuclear plants. Nardelli said he will seek to prove that the cause and extent of the Three Mile Island accident can be attributed to negligence by the operator.

If the operators caused the accident with their negligence, customers should not be forced to pay to clean it up, he said: In seeking funds for the cleanup, President Shepard Bartnoff said, "It is imperative that we proceed with the decontamination of TMI-2 (Unit 2) to protect the health and safety of the public. "We continue to believe that the cost of decontamination is a cost that should be shared by company stockholders, customers, the nuclear industry and the government, a concept outlined in a specific plan by Pennsylvania Gov. (Dick) Thornburgh." "Since the framework for such a sharing plan is not yet in place, it is necessary to request funds from our customers to provide the regulatory base for a financial-sharing program," he said. "It is our aim to reduce the customers' share of the decontamination burden by obtaining financial support from as broad a i Agency charges McNeil brothers in funds probe From page Al Senate Intelligence Commitee, said that panel is monitoring only the McNeils' disappearance. "The rest is up to the Justice Department," he said yesterday.

"We're not pursuing the McNeils directly, but rather are pursuing the allegations about (CIA director William) Casey. "We're following up all the various allegations about Casey's business practices, his judgment and his statements made during his nomination," Flannigan said, i "But as far as the McNeils, we're monitoring the situation, but I don't think the committee is doing anything on its own," he added. Lawyers for the McNeils could not be reached for comment yesterday. Members of Ruffa Hanover, the New York law firm that represents Triad, could not be reached for comment. In a related case, Thomas McCarthy, a spokesman for the Queens District Attorney's office, said no decision has been made whether to exhume the body of Dennis McNeil, brother of Samuel and Thomas McNeil.

Dennis McNeil died June 1, when he collasped at his Elmhurst, Queens, home after jogging around his neighborhood. The New York City medical examiner ruled he died of a ruptured spleen, but several of McNeil's business-associates and friends contend he had been abducted and beaten, as a warning to the McNeils to keep quiet about relationships with Hugel. Dennis McNeil is buried in a Bridgton, Maine, cemetery. "The reason the D.A.'s decision on exhumation has been delayed is that we have to have some basis to go into court, and so far the reports have been pretty elusive," McCarthy said. "We're working on it." In addition to investigating Dennis McNeil's death, the District Attorney's office is looking into a Queens bar owned by Dennis McNeil and his wife, Jean.

FBI spokesmen have said the bureau is not investigating Dennis McNeil's death. REAL ESTATE PROBLEMS? Get advice from Bernard Meltzer's column in the Real Estate section every Sunuay in the Asbury Park From page Al judges in the county." Judge Lane administered the oath when Lehrer became prosecutor in 1978, he recalled. "His ability as a lawyer was second to none, his ability as a judge was second to none and, above all, his human qualities were second to none," Lehrer said. Judge Lane's judicial career began with his appointment in 1966 to sit in the Chancery Division of Superior Court, Mon-imouth County, hearing both general equity and matrimonial matters. He served there Ifrom 1967-1970 and again from 1972-1976.

In 1970, Judge Lane was promoted to the Appellate Division of Superior Court, where he served until he was reassigned to the Chancery Division in 1972. From 1976-1979, he served as assignment judge for Monmouth County, the top Judicial officer in the county. In 1979, Judge Lane returned for a second time to the Appellate Division. In his terms as a. Superior Court in Police said the man fired one shot from a pistol, hitting Miss Guzzo in the head.

He then left through the same door he used to enter, police said. Miss Guzzo was taken to Community Memorial Hospital, here, by the East Dover First Aid Squad. She died today at 2:10 a.m., Gallant said. Within an hour of the shooting, police began patrolling the eastern end of the township in search of the suspect. A radio alert was broadcast over radio station WOBM describing the suspect and the car he might be driving.

Township police, investigators from the prosecutor's office and the criminalistic's unit of the Ocean County Sheriff's office gathered at the Guzzo home to gather evi Monmouth County, Judge Lane left his imprint on municipal government. He ruled in a case involving the Deal Casino that municipal beach clubs must be opened to the public, struck down Ocean Grove's 100-year-old ban on the operation of motor vehicles and bicycles on Sundays, and overturned the zoning ordinances in. Manalapan and Colts Neck townships because they did not provide for low-income housing. After his second appointment to the Appellate Division, Judge Lane said in an interview in Freehold, "I feel very much a part of the county, and I've been happy here. I will be sorry to leave, but I know I will enjoy work as an appellate judge." Judge Dine served on a number of Supreme Court committees during his career.

He was chairman of both the Committee on Model Jury Charges, Civil, and the Committee on Model Jury Charges, Criminal. He served for three years on the Committee on Rules, and on the Committee on Rules of Evidence, the Committee on Juvenile and Domestic Relations Court and Civil Practice Committee. Daria said five parents from Sylvan Glade came to police headquarters Thursday, alleging their sons had been assaulted by the lifeguard in the area around the swimming pool in the development. On Friday, police obtained a warrant for Gunning's arrest, Daria said. But the man left town before police could pick him up, he said.

Gunning checked into a Paramus motel, Daria said, and apparently attempted to take his own life by slashing his wrists. He was taken by ambulance to Bergen Pines Hospital, Paramus, where he was treated for the cuts on his wrists. Paramus police notified detectives here, who took Gunning into custody after his release from the hospital yesterday. The alleged assaults happened near the pool, possibly in a bathhouse, and involved children who lived in the development, Daria said. Daria said none of the children suffered any apparent physical injuries.

However, the alleged acts involved the use of force, he added. dence, while other officers searched for the suspect. Police said they knew the suspect's name, but declined to release it. "It might hinder his apprehension," Capt. William Ford of the Dover Township police said.

However, police described the suspect as a young white man, 5 feet, 10 inches tall, weighing 175 pounds, with short brown hair and a dark complexion. Police said the suspect, a resident of Hillside Township, Union County, should be considered armed and dangerous. He may be driving a rust-colored 1978 Pontiac Catalina, police said. An autopsy is scheduled to be performed on Miss Guzzo's body today, according to Capt. Gallant.

He was a commissioner of the state Legalized Games of Chance Control Commission from 1954-1962. A 1941 graduate of Princeton Universi- ty, Judge Lane received his law degree from Rutgers University in 1946. He was an officer in the U.S. Army during World War Judge Lane was a partner in the Newark law firm of McCarter English from 1945-1966. He was attorney for the Rumson Board of Education from 1955-1966, and was municipal court judge in Shrewsbury from 1949-1954.

Judge Lane is survived by his wife, the former Erminie Borland Lane; three daughters, Mrs. Virginia Thompson, Cape Cod, Mrs. Erminie J. Conly, Flem-ington, and Mrs. Elizabeth Falkenhagen, Fort Collins, and a son, Merritt Ocean Township.

A private memorial service will be held Friday at the Adams Memorial Home, Red Bank. The family has requested that contributions in Judge Lane's memory may be made to Riverview Hospital. Two more parents came to police headquarters Monday and another reported a sexual assault against his son yesterday, police said. Daria said police believe Gunning sexually assaulted other youths from the development. However, he said, the victims and their parents are reluctant to report the incidents.

Area man arrested on morals charge ATLANTIC HIGHLANDS James F. Maxson, Main Street, Keansburg, was arrested yesterday and charged with lewdness after he allegedly exposed himself and performed a sex act in front of a non-consenting 16-year-old youth, police said. Police said the incident occurred Aug. 4 at Buddy's Taxi, 77 Center which Maxson owns. He was released from jail after paying $1,000 bail, police said.

Capt. Richard Davis and Detective Sgt. Charles Mazzarella made the arrest. KIDS CLOTHES CAN BE Vizard Is lower "That's why introducing a new price policy:" Police charge Brick lifeguard with sex assault on eight boys BRICK TOWNSHIP Police have NOTHING HELD charged a lifeguard at the Sylvan Glade condominiums with sexually assaulting eight boys, 7 to 13 years old, since July 1. Detective Michael Earisf said Mark Gunning, 18, Overlook Court, was arrested yesterday on 12 counts related to the alleged assaults.

Gunning is charged with one count of aggravated sexual assault, nine counts of aggravated criminal sexual contact and two counts of endangering the welfare of jtiveniles, Daria said. i The charges are indictable offenses. Police allege the incidents happened between, July 1 and Aug. 3. Gunning was released in $20,000 bail alter his arraignment before Superior Court Judge William H.

Huber, police said. Gunning has been employed as a lifeguard at the pool since it opened at the end of June, Daria said. i Attempts to reach the superintendent of the Sylvan Glade for comment were unsuccessful last night. The condominiums are located off Herbertsville Road, a mile west of Route 70. it.

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