“Not Guilty” Verdicts or Dismissal of Charges for Mr. Tumelty’s Clients

1. STATE v. HENDRICKS – ATLANTIC COUNTY MURDER TRIAL-” NOT GUILTY” VERDICT.This case was a high-profile murder trial in Atlantic County Superior Court. Mr. Tumelty represented Helena Hendricks who was charged with first-degree murder, felony murder, armed robbery, conspiracy and possession of a handgun for an unlawful purpose. The jury trial lasted three weeks and Miss Hendricks was found not guilty of all charges.

2. STATE v. COOPER – CAPE MAY COUNTY MURDER TRIAL-” NOT GUILTY” VERDICT. This case was a high-profile murder trial in Cape May County Superior Court. Mr. Tumelty represented Seth Cooper who was charged with the murder of John Cavicchio. Seth Cooper shot Mr. Cavicchio in the head with one bullet resulting in Mr. Cavicchio’s death. The case was about a disagreement between Seth Cooper and a third party over a mutual girlfriend. Mr. Tumelty represented Mr. Cooper during a jury trial and successfully raised the defense of self-defense. The trial lasted four weeks and a jury found Mr. Cooper “not-guilty” of murder and aggravated manslaughter.

3.  STATE v. DR. COSTINO – JURY FOUND LOCAL DOCTOR NOT GUILTY OF ILLEGAL DRUG DISTRIBUTION AND HEALTH CARE FRAUD.A high-profile drug distribution and health care fraud trial against a local physician in Cape May County Superior Court.  Mr. Tumelty represented Dr. Costino who ran his medical office in North Wildwood and was set–up by the DEA and county prosecutor.  They sent undercover agents pretending to be exotic dancers into Dr. Costino’s office to induce him to write prescriptions for Percocet. Dr. Costino wrote several Percocet prescriptions to the undercover officers and was subsequently charged with drug distribution and health care fraud crimes.   Mr. Tumelty attacked the undercover investigation and undercover agents.  After a four-week trial, a jury found Dr. Costino “not guilty” of all sixteen counts in the indictment.  Dr. Costino avoided a felony record and is eligible to have his medical license reinstated.

4. STATE v. WEYANT – JURY FINDS WILDWOOD MAN “NOT GUILTY” OF AGGRAVATED SEXUAL ASSAULT AND ENDANGERING A CHILD. This was a high-profile aggravated sexual assault on a minor trial in Cape May County Superior Court. Mr. Tumelty successfully represented Daniel Weyant who was charged with two counts of aggravated sexual assault, sexual assault, aggravated sexual contact and endangering the welfare of a child. The jury trial lasted 2½ week trial and a jury found Mr. Weyant “not-guilty” of all charges.

5. STATE v. MILLER – JURY FINDS ATLANTIC COUNTY MAN “NOT GUILTY” OF DRUG DISTRIBUTION & HANDGUN OFFENSES. This case was an Atlantic County jury trial where Mr. Tumelty represented Marcelles Miller who was charged with possession of cocaine with intent to distribute, unlawful possession of a handgun, and unlawful possession of a handgun with drug distribution activity. Mr. Miller was driving a motor vehicle when the police stopped the car. They searched the car and found a handgun in the front seat and a substantial quantity of cocaine in the console area. This was a one and a half week trial, and Mr. Tumelty successfully argued that the gun and drugs did not belong to Mr. Miller. The jury found Mr. Miller “not guilty” of all drug offenses and “not guilty” of the felony offense known as possession of a firearm while involved in drug distribution.

6. STATE v. SMITH – DRUG DISTRIBUTION TRIAL-” NOT GUILTY” VERDICT. This was an Atlantic County drug distribution trial where Wesley Smith was charged with possession of a substantial quantity of drugs (and cash) with an intent to distribute the drugs. Mr. Tumelty successfully argued to a jury that the police officers misidentified Wesley Smith as the drug dealer involved in the case. The trial lasted one week and the jury found Mr. Smith “not guilty” of all charges.

7. STATE v. STAGGERS – DRUG DISTRIBUTION TRIAL-” NOT GUILTY” VERDICT. This was a Cape May County jury trial where David Staggers was charged with selling drugs to an undercover police officer. Mr. Tumelty represented Mr. Staggers during the trial and successfully argued that his client was not the one who actually sold drugs to an undercover officer. The jury trial lasted one week and the jury found Mr. Staggers “not guilty” of all charges.

8. STATE v. MASEJAK – BRIBERY TRIAL-” NOT GUILTY” VERDICT. This was a high profile Atlantic County case where Mr. Masejak was a high-level casino hotel employee and was accused of selling jobs at the casino hotel. The jury trial lasted one week and Mr. Masejak was found “not guilty” of commercial bribery.

9. STATE v. LINDHOLM – THEFT & CRIMINAL MISCHIEF TRIAL -“NOT GUILTY” VERDICT. Mr. Lindholm, a local construction contractor, was charged by the Middle Township Police with theft and criminal mischief. After several days of trial, Mr. Lindholm was found “not guilty” of all charges.

10. STATE v. COSTINO – JURY FINDS DOCTOR NOT GUILTY OF CRIMINAL CONTEMPT. This case is the second time in the last year that Mr. Tumelty represented Dr. Costino in a jury trial and won an acquittal. On June 21, 2013, a Cape May County jury found Dr. Costino not guilty of criminal contempt for allegedly violating a court order. The Cape May County Prosecutor’s Office indicted Dr. Costino on six separate occasions in the last year and each indictment ended in a dismissal or not guilty verdict. Mr. Tumelty successfully represented Dr. Costino on each of the six indictments and he has been completely exonerated of all charges.

11. STATE v. OLUSEGUN – ATLANTIC CITY ASSAULT TRIAL – “NOT GUILTY” VERDICT. An Atlantic City assault charge relating to a fight at the 40/40 Club. Mr. Tumelty’s client was a security officer at the 40/40 Club and was involved in an altercation with two patrons who were thrown out. The client was charged with robbery and assault offenses. The robbery charge was dismissed and the client was found not guilty of assault after a trial.

12. STATE v. CONSIGLIO – ATLANTIC CITY ASSAULT TRIAL- “NOT GUILTY” VERDICT. This was an Atlantic City simple assault case where the client was charged with assaulting a casino patron. Mr. Tumelty was successful and the client avoided a criminal record.

13. STATE v. KOLIMAGA – DOMESTIC VIOLENCE TRIAL-” NOT GUILTY” VERDICT. This was a Cape May County domestic violence case. Mr. Kolimaga was charged with domestic violence, assault and harassment. Mr. Tumelty defended Mr. Kolimaga and after a trial he was found “not guilty” of domestic violence.

14. STATE v. BLOOM – DOMESTIC VIOLENCE TRIAL-“NOT GUILTY” VERDICT. A Cape May County domestic violence case where the client was charged with domestic violence assault and harassment. Mr. Tumelty assailed the credibility of the State witnesses and the client was found “not guilty” of domestic violence.

15. STATE v. MCINTYRE – DOMESTIC VIOLENCE TRIAL-“NOT GUILTY” VERDICT. This was a Cape May County domestic violence case where the client was charged with domestic violence based on assault and harassment. Mr. Tumelty successfully defended the client at trial and he was found “not guilty” of domestic violence.

16. STATE v. H.W – DOMESTIC VIOLENCE CHARGE- “NOT GUILTY” VERDICT. A Cape May County domestic violence case where client was charged with DV burglary, harassment and assault. The client was found “not guilty” of the domestic violence charges.

17. STATE v. VOLPE – AGGRAVATED ASSAULT ON POLICE TRIAL -“HUNG JURY”. This was a serious Atlantic County case where the client and his fiancee’ were charged with several counts of aggravated assault on police officers and eluding the police. This was a high-speed chase through the City of Margate. The client was facing 20-years state prison. However, the jury trial lasted four weeks, and the jury was unable to reach a unanimous verdict. The case resulted in a hung jury. The client ended up getting a very lenient plea bargain after the State failed to prove its case at trial.

18. STATE v. A.G. – ATLANTIC CITY PROSTITUTION TRIAL – “NOT GUILTY” VERDICT. An Atlantic City prostitution case where Mr. Tumelty’s client was charged with soliciting prostitution. The prostitute was an undercover police officer who engaged in a conversation with the client. Mr. Tumelty was successful in attacking the undercover officer’s credibility at trial and the client was found not guilty. The client avoided a criminal record and was able to keep his job as a teacher.

19. STATE v. M.S – ATLANTIC CITY PROSTITUTION TRIAL- “NOT GUILTY” VERDICT. An Atlantic City prostitution case where Mr. Tumelty represented a young woman charged with prostitution. Mr. Tumelty was successful in achieving a not guilty verdict based on a lack of evidence.

20. STATE v. E.S. (Case #003163) – ATLANTIC CITY PROSTITUTION TRIAL – “NOT GUILTY” – This was an Atlantic City Prostitution case where the client was charged with soliciting prostitution. On January 17, 2013, the client was found not guilty of the prostitution charge based on a lack of evidence.

21. STATE v. GEORGINIS – BURGLARY, CRIMINAL MISCHIEF TRIAL- “NOT GUILTY” VERDICT. This was a Cape May County trial where the client was found not guilty of burglary, defiant trespass and criminal mischief regarding a condominium unit in North Wildwood. The client avoided a criminal record and potential jail.

22. STATE v. J.T. (Docket No. FV-01-0001452-13) ATLANTIC COUNTY DOMESTIC ASSAULT TRIAL – “NOT GUILTY” – An Atlantic City Domestic Violence Case where the client was charged with Domestic Violence assault against a family member. After a trial in Atlantic County Superior Court on July 11, 2013, the client was found not guilty of domestic violence and the temporary restraining order was dismissed. The client is a casino executive who was not guilty and avoided a final restraining order.

23. STATE v. B.B. (Case #12-003243) POSSESSION OF HANDGUN – NO JAIL – This was an Atlantic County Graves Act case where client was charged with carrying a handgun in a casino without a permit.  A conviction for this type of gun charge requires mandatory state prison.  However, the client received a probationary sentence with no jail.

24. STATE v. S.D. (Case #10-08-00597) – FELONY ARSON CHARGES DISMISSED (PTI). A Cape May County case where the client was charged with felony arson for setting Ocean City lifeguard boats on fire. The client was a 20-year old college student with no criminal record. Mr. Tumelty was successful in negotiating a dismissal of the charges through the Cape May County PTI program. The client avoided a felony record.

25. STATE v. A.S. (Case No. 12000574) – DRUG DISTRIBUTION CHARGES AGAINST NURSE PRACTITIONER DISMISSED (PTI). Mr. Tumelty represented a nurse practitioner who was charged with writing illegal prescriptions for narcotics out of a doctor’s office. Mr. Tumelty was successful in getting the client admitted into the Cape May County Pre-Trial Intervention Program which will result in a dismissal of all charges. The client avoided a felony record and suspension of her nursing license.

26. STATE v. J.S – CASE #12-05-1259-B – ROBBERY & AGGRAVATED ASSAULT INDICTMENT DISMISSED – This was a recent Atlantic County felony robbery and aggravated assault case. The client was indicted by the grand jury and charged with first-degree robbery and second-degree aggravated assault which allegedly occurred during a prostitution encounter. In September, 2012, Mr. Tumelty filed a motion to dismiss the indictment based on inaccurate police testimony and prosecutorial misconduct. The Court found that the state presented inaccurate information to the grand jury and the entire indictment was dismissed. The client was able to avoid a felony record, jail time and probation.

27. STATE v. HAAS- INDICTMENT   DISMISSED.   124 COUNTS OF HEALTH CARE FRAUD AGAINST  LOCAL NURSE  DISMISSED. This was a high profile case in Cape May County Superior Court involving 124 counts of felony Health Care Claims Fraud. Mr. Tumelty represented Barbara Haas who is a registered nurse and employed as a nurse in Dr. Costino’s medical practice. Mr. Tumelty filed a motion to dismiss the indictment based upon prosecutorial misconduct. Judge Batten granted the motion and the 124 count indictment was dismissed.

28. STATE v. HAAS-  SECOND INDICTMENT    DISMISSED.  HEALTH   CARE  CLAIMSFRAUD  CHARGES.The case was re-presented to the grand jury and a second indictment was signed against Dr. Costino and Barbara Costine charging Health Care Claims Fraud relating to Dr. Costino’s medical practice. Mr. Tumelty filed another motion to dismiss the indictment based on prosecutorial misconduct in the grand jury. On March 22, 2011, the Court granted the defense motion and dismissed the entire indictment. This was the second time Mr. Tumelty was successful in obtaining a dismissal of the indictment.

29. STATE v. CREMINS  – AGGRAVATED ASSAULT INDICTMENT DISMISSED – Daniel Cremins was a police officer with the Cape May County Sheriff s Department and he was indicted for aggravated assault resulting from a bar fight. Mr. Tumelty represented Daniel Cremins and filed a motion to dismiss the indictment based on prosecutorial misconduct and insufficient evidence. The motion was granted and the court dismissed the indictment.

30. STATE v. B.B. (CASE #S 2012-00183)  – ATLANTIC   CITY COCAINE   CHARGES DISMISSED – The client was arrested on April 1, 2012 by Atlantic City Police outside the MurMur nightclub in the Borgata Casino for felony cocaine possession.  The police conducted an illegal search of the client by searching his pockets prior to placing him under arrest.  Mr. Tumelty got the charges dismissed after filing a motion to suppress evidence challenging the officer’s search of his client.  The client avoided a felony record which would have affected his real estate broker’s license.

31. STATE v. PFEIFFER – MANUFACTURING  FALSE DRIVERS LICENSE CHARGES DISMISSED (PTI PROGRAM)– This was an Atlantic County case where Mr.Pfeiffer (a college student) was charged with felony manufacturing of fake drivers licenses. Mr. Tumelty was successful in getting the charges dismissed through the pre-trial intervention program. The case resulted in a complete dismissal of all charges and a criminal record was avoided.

32. STATE v. YOUNG – FELONY DRUG  CHARGE REDUCED  TO DISORDERLY PERSON’S OFFENSE – This was a Cape May County felony possession of cocaine case. The client was charged with possession of cocaine when the police searched his apartment in Ocean City, New Jersey. Mr. Tumelty filed a motion to suppress the evidence (throw out) contending that the police conducted an unlawful search of the client’s apartment. As a result of Mr. Tumelty’s defense work, the prosecutor downgraded the felony drug charge to a disorderly person’s offense. The client was able to avoid a felony record, jail time and probation.

33. STATE v. DIEBERT – DRUG DISTRIBUTION  CHARGES DISMISSED. The client was charged with drug distribution and possession charges. A Cape May County judge granted Mr. Tumelty’s motion to suppress the evidence and all charges were dismissed. The client avoided a drug conviction.

34. STATE v. BOTTONE   (CASE NO.   12-02-00122) – INDICTMENT CHARGING FELONY DRUG POSSESSION AND ENDANGERING THE WELFARE OF A  CHILD “DISMISSED”. This was a Cape May County indictment where Ms. Bottone was charged with felony drug possession and endangering the welfare of her child. The client was staying in a home in Middle Township when the police executed a search warrant. The police found the client’s minor child along with a substantial quantity of CDS in the home. The defendant was charged with possession of CDS and second-degree endangering a child. Mr. Tumelty was successful in challenging the evidence and all charges were dismissed.

35. STATE v. KELLY – DRUG CASE – SEA ISLE CITY MARIJUANA CHARGES DISMISSED. This was a recent Sea Isle City Municipal Court case where Mr. Tumelty represented a young man charged with possession of marijuana and drug paraphernalia. Mr.Tumelty filed a motion to suppress evidence challenging the police officers’ search of the house and seizure of evidence without a search warrant. After a full court hearing, the court found that the police were not authorized to search the house. The evidence was suppressed and all charges were dismissed.

36. STATE v. CASTILLO – DRUG  CASE – OCEAN CITY MARIJUANA  CHARGES DISMISSED. Ocean City Police stopped the client’s vehicle for a traffic violation. They searched the car and found marijuana. Mr. Tumelty challenged the legality of the car search which resulted in a the marijuana charges being dismissed. The client avoided a record for marijuana possession and a loss of driver’s license.

37. STATE v. SCHUTE – DRUG  CASE- HAMILTON TOWNSHIP MARIJUANA CHARGES DISMISSED  “NOT GUILTY”  VERDICT. An Atlantic County case where Mr. Tumelty got the marijuana charge dismissed based on the state’s failure to comply with discovery demands. The client is a school teacher and she avoided a potential career-ending conviction.

38.  STATE v. R.G (Case #000117) – LINWOOD MARIJUANA CHARGES DISMISSED. A Linwood municipal court case where Mr. Tumelty filed a motion to suppress evidence challenging police officers search of client’s car. The motion was granted and the evidence was suppressed. The client is a college student who avoided a criminal record.

39. STATE v. A.S. (Case #S266873) – CAPE MAY COUNTY MARIJUANA  POSSESSION TRIAL – “NOT GUILTY”  VERDICT – This was a Cape May City Marijuana case where the client was charged with possession of a small quantity of marijuana in a motor vehicle. Although the client was driving the car, Mr. Tumelty successfully argued that his client was unaware of the presence of the marijuana. The client was found not guilty avoiding a criminal record and mandatory license suspension.

40. STATE V. KARZYK –FELONY DRUG  CHARGE  REDUCED  TO DISORDERLY PERSON’S OFFENSE. An Atlantic County felony drug case resulting from a car search. Mr. Tumelty challenged the officer’s right to search the car without a warrant. As a result of the motion, the felony drug charges were downgraded to a disorderly person’s offense. The client avoided a felony record, jail time and loss of license.

41. STATE v. DWORSKY – FELONY DRUG  CHARGE REDUCED TO DISORDERLY CONDUCT. This was an Atlantic County felony possession of heroin and Xanax case. The client was charged with possession of these drugs following a motor vehicle stop and search. As a result of Mr. Tumelty’s work, the prosecutor downgraded the felony drug charges to disorderly conduct. The client avoided a felony record, jail time, probation and a loss of license.

42. STATE v. BAKER – A ATLANTIC CITY UNDERAGE GAMBLING CHARGE – “NOT GUILTY”– The client was charged with underage  gambling in an Atlantic City casino. Mr. Tumelty was successful in challenging the sufficiency of the state’s evidence, which included a lack of video evidence and the charge was dismissed. The client avoided a criminal record and mandatory loss of driver’s license.

43. STATE v. BROWN – ATLANTIC CITY UNDERAGE GAMBLING  CHARGE – “NOT GUILTY” – The client was charged with underage gambling at the Borgata Casino. On the trial date, the state was unable to authenticate a photocopy of the client’s driver’s license. The state was not able to prove the client’s age and she was found not guilty of underage gambling. The client avoided a criminal record and a mandatory loss of driving privileges.

44. STATE v. J.Q. (Case #000227) – ATLANTIC CITY UNDERAGE GAMBLING OFFENSE – “NOT GUILTY” – This was a January 2013 Atlantic City underage gambling case where Mr. Tumelty was successful in getting his client found not guilty of the offense. Mr. Tumelty argued that the evidence was insufficient to prove the identification of his client as the individual on the casino floor playing a shot machine. The client avoided a criminal record, mandatory loss of license and other fines and penalties.

45. STATE v. O’NEILL – SHOPLIFTING  CHARGE  – “NOT GUILTY” – The client was charged with shoplifting from a pharmacy in Atlantic City. Mr. Tumelty successful challenged the sufficiency of the state’s proofs and the charge was dismissed. The client avoided a criminal record for shoplifting, possible jail and other fines and penalties.

46.  STATE v. M.L. (Case #025558) ATLANTIC  CITY ASSAULT – CHARGE DISMISSED This was an Atlantic City assault charge where Mr. Tumelty was successful in getting the client’s charge dismissed in Atlantic City Court on January 17, 2013. The client was involved in a fight at the Harrah’s Pool nightclub and charged with simple assault. The charge was dismissed and the client avoided a criminal record.

47. STATE v. S.C. (Case #12-02-00073) – FELONY INSURANCE – FRAUD CHARGES DISMISSED (PTI PROGRAM). This was a Cape May County case where the client was charged with second-degree insurance fraud and obstruction of justice. The client was charged with submitting false claims to his insurance company regarding a rental property. Mr. Tumelty was successful in getting all charges dismissed through the Cape May County PTI program. The client avoided a criminal record.