Jul 3, 2008 3:10 pm US/Eastern
NJ Court Upholds Conviction Of Jersey City Mayor
State Appellate Does Not Overturn Resisting, Obstruction Charges
NEWARK (AP) ―
Jersey City Mayor Jerramiah T. Healy on Thursday lost another round in his effort to overturn a conviction on resisting arrest and obstructing justice.
A unanimous state appellate court found no reason to change last year's verdicts, which stem from an incident in Bradley Beach in 2006.
Healy maintains that he and his wife were outside his sister's bar and were trying to mediate a dispute between another man and his girlfriend when the Healys were improperly subdued by Bradley Beach police.
"The reasons for defendant's conduct are simply irrelevant, and to the extent defendant raises a constitutional defense, we simply note that the conviction was based on defendant's conduct, not upon his speech or criticism of the police," the three-judge panel wrote.
Healy spokesman Stan H. Eason said they had not yet reviewed the ruling so they would have no comment. Healy is a Democrat who was elected mayor of New Jersey's second-largest city in 2004.
Monmouth County First Assistant Prosecutor Peter E. Warshaw Jr. said the office would have no comment.
Bradley Beach police maintained that Healy pointed a finger in their faces and clenched his fists after ignoring requests to leave the scene shortly after 2 a.m. June 17, 2006. Healy scuffled, was put on the ground and hit twice with pepper spray when he continued to struggle as officers attempted to handcuff him, police testified.
Healy testified he wasn't pointing at police and "never got an opportunity to comply" with an order to leave. He testified he had five to seven glasses of beer at Barry's Tavern over the course of five hours and was not drunk.
Healy was convicted by a municipal judge and was fined $256. The verdict was upheld last year by a state judge.
The man and woman who were arguing eventually married.
Last month, the Healys sued Bradley Beach and several of its police officers, asserting that their rights were violated. The suit accused
officers of excessive force and false arrest.
(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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