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  Legal Teams Clash Again in Case of 'Father Bob'

By Sara K. Satullo
The Express-Times
March 21, 2008

http://www.nj.com/news/expresstimes/nj/index.ssf?/base/news-7/120607233550560.xml&coll=2

BELVIDERE | A Warren County assistant prosecutor has refuted accusations of witness tampering in the case of a Warren County priest accused of awarding over $1 million in church raffles to fake winners.

Manhattan-based defense attorney Melvin M. Wright Jr. is seeking to dismiss two charges in a multi-count indictment that Robert J. "Father Bob" Ascolese bilked a corporate matching gift program on the grounds that the prosecution tampered with witnesses.

In a response to a defense motion, Warren County First Assistant Prosecutor Craig Barto contends there was no witness tampering on his part. Barto maintains the tampering claim is a stall tactic by the defense, which would like to find a prosecution more pliable to its needs.

"This sort of maneuvering, based upon mischaracterizations, exaggerations and distortions is why the state will no longer engage in plea negotiations or discussions except in writing or on the record in court," Barto stated.

Barto attached a letter that Deputy State Attorney General Hester Agudos wrote in response to queries from Ascoloese's defense attorney regarding the case. It states Wright's concerns are a matter for a jury.

"There was no misconduct in a prosecutor contacting victims to explain the facts of the case," Agudos' letter states. "It seems that your disagreement with the Warren County Prosecutor's Office is one that is based on differing views of the facts in this case."

Ascolese -- the former pastor of St. Joseph's Catholic Church in Washington -- rejected a plea deal in March that called for a three-year state prison sentence.

In November, Wright sought to lower the plea offer if restitution was made to two corporations -- Merck and Johnson & Johnson -- that paid out at least $275,00 in matching grants, according to court records.

"At no time did the State agree to consider dismissing charges, regardless of the outcome of the restitution issue," Barto wrote.

The state argues the defense raised the issue of restitution only to prolong the progress, get the court improperly involved in the plea process or get another prosecuting agency on the case.

Wright's motion also requested a change of venue to Middlesex or Morris counties and to have Barto removed from the case.

The state argues all of the defense's requests revolve around claims that the prosecution interfered with the defense's attempts to get the corporations to not seek restitution.

Wright did not immediately return phone messages left Thursday at his New York office.

Reporter Sara K. Satullo can be reached at 908-475-2174 or by e-mail at ssatullo@express-times.com.

 
 

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