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Dismissed cop's lawyer says officials acted improperly


Oral arguments in the appeal of the firing of a Palisades Park patrolman were presented Friday in Superior Court, Hackensack, where the officer's attorney claimed parts of the investigation and hearing that led to the dismissal were improper.

Charles Stark lost his job after a disciplinary hearing in which town police officials alleged he was conducting an extramarital affair while on duty, had a domestic dispute with his wife, and lied during an internal investigation.

The attorney for the borough in the matter, Joseph Mariniello Sr., said that appropriate procedures were followed throughout the probe and subsequent hearing.

It is now up to Superior Court Judge Joseph S. Conte to determine whether Stark's termination in 2011 should stand. Conte told the attorneys that he would have a written decision in two weeks.

Stark was suspended without pay in February 2010 after police responded to a 911 call from his wife, Mary, reporting a violent argument at their house.

The Palisades Park Borough Council let Stark go in September after Robert Guida, a retired judge served as hearing officer in the disciplinary hearing, recommended that he be fired.

Among the evidence submitted during the 23-day hearing was a recorded phone conversation between Mary Stark and a Cliffside Park officer, who was a personal friend. In the hour-long call, Mary Stark described the fight.

Guida wrote in a report that Mary Stark told the officer, Sgt. James Giunchini, that her husband had threatened her and pushed her to the ground, causing her to hit her back on a toy car. She also said he raised his fists near her face in a threatening manner.

Stark's attorney, Albert Wunsch argued Friday that the tape should not have been admissible, calling it "hearsay." He said police never questioned Stark's wife about the tape to corroborate its content, and, when they arrived to the house the day of the call, they found that there was nothing "amiss" and saw "no marks."

Mariniello disagreed that the tape should be considered hearsay, and said the conversation heard on the tape was corroborated.

"There's a lot of facts in the record which support the story that Mary Stark tells," he said. "That the incident occurred at her house and that she was assaulted."

Wunsch also criticized the way internal affairs conducted their interview with Dana Pallotta, Stark's former girlfriend, who he was accused of visiting at her home while he was on duty. Wunsch claimed the notes of the interview were destroyed, and that Pallotta was never given the opportunity to review her account, make any changes or even sign the statement.

He added that testimony also showed that other officers engaged in private matters while on-duty.

Mariniello pointed out to the judge that both Charles Stark and Pallotta admitted to their relationship, and that a neighbor of Pallotta testified that he saw a police car by her house several times.

"The person who is at fault is Officer Stark," he said. "He should not have had a girlfriend, not gone to see her on duty, not been there at two or three in the morning, he should not have lied to internal affairs."

Stark, dressed in a suit and accompanied by his sister and father, declined to comment.