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Hearing officer denies motion to dismiss charges against Irvington police chief



IRVINGTON — An independent hearing officer denied several motions today to dismiss dozens of administrative charges against Irvington Police Chief Michael Chase.
During the opening of disciplinary proceedings against Chase, his attorney, Joseph Donahue, argued that a Star-Ledger article in January disclosing specific allegations against the chief made it impossible for him to receive a fair and impartial trial.
Donahue also said the township had violated guidelines from the Attorney General's Office on internal affairs by failing to hold Chase's hearing within 30 days of charging him.
Ultimately, the hearing officer rejected the motions, ruling the newspaper article would not prejudice her decisions in the case. She also upheld special prosecutor Robert Utsey's argument that the "voluminous discovery" made it impossible for the hearing to be held within the attorney general's 30- and 45-day deadlines.
Chase was suspended indefinitely and charged in December with more than 130 violations of the attorney general's guidelines and Irvington Police Department rules. The bulk of those charges came after an Essex County prosecutor's audit found the Irvington Police Department's internal affairs unit failed to properly investigate more than 100 allegations of officer misconduct between April and August of 2012.
Chase was accused of failing to adequately supervise the unit. He was also accused of ordering two detectives, Melvin Shamberger and Frank Piwowarczyk, to kill an internal investigation into misconduct by Officer Rashaan Sampson, who is Chase's nephew, and ordering those detectives to run personal errands for him on township time.
Chase's replacement, Capt. Dwayne Mitchell, came under scrutiny earlier this month when Shamberger and Piwowarczyk filed a hostile work environment complaint alleging he transferred them out of Internal Affairs as punishment for accusing Chase of misconduct. Mitchell is the godfather of Chase's son, according to the complaint.
The majority of the allegations focus on shortcomings in the internal affairs unit, causing Donahue to wonder aloud why Irvington Police Director Joseph Santiago and the Internal Affairs commander, Lt. Monique Smith have not faced charges themselves.
Smith was named in the prosecutor's review, but ultimately not charged. Allegations against Santiago have not surfaced.