“This indictment charges that a Municipal Court Judge, a municipal police chief, and a ranking police sergeant determined they were above the law when they devised a plan to circumvent the rules and regulations regarding the temporary release of a prisoner,” said Attorney General Harvey. “Police officers and officers of the Court swear an oath to uphold the law and to safeguard the public trust. It is tragic when allegations of deliberate acts by those who are sworn to protect the public trust result in the filing of a criminal indictment.”

According to Vaughn L. McKoy, Director, Division of Criminal Justice, the Special Prosecutions Bureau obtained a two-count State Grand Jury indictment which charges Englewood Municipal Court Judge Joseph M. Clark, 61, John Street, Englewood, Englewood Police Chief David Bowman, 56, Presidential Drive, Englewood, and Englewood Police Sgt. Emma Jackson, 56, Knickerbocker Road, Englewood, with tampering with public records or information (3rd degree) and falsifying or tampering with records (4th degree). The defendants will be served with a complaint summons requiring them to appear in Bergen County Superior Court for arraignment and bail. A third degree crime carries a maximum penalty of up to five years in state prison and a fine of up to $15,000, while a fourth degree crime is punishable by up to 18 months incarceration and a fine of up to $10,000.

The State Grand Jury indictment charges that on March 7, 2003, Chief Bowman, Sgt. Jackson, and Judge Clark conspired to create false public records in order to secure the temporary release of a prisoner incarcerated in the Bergen County Jail that would allow the prisoner to attend the funeral of his father. The prisoner, identified as Lloyd Fields, was serving a 364 day sentence after being convicted in Bergen County Superior Court on charges of possession of an imitation controlled dangerous substance with intent to distribute.

The indictment alleges that the municipal officials pressured the Englewood Municipal Court Clerk to create a false arrest warrant and discharge papers which would allow Fields to be released from the County Jail on March 8, 2003 for a purported appearance in Englewood Municipal Court. It is alleged that the Court appearance, scheduled on a Saturday, was instead, the vehicle through which Fields was permitted to attend the family funeral. It is charged that the actions by the municipal officials violated rules and regulations in place regarding the temporary release of prisoners.

Director McKoy noted that the investigation was conducted by the Division of Criminal Justice - Special Prosecutions Bureau. The corruption investigation was coordinated by Deputy Attorney General Robert Czepiel, Jr. and State Investigator Scott Donlan assigned to the Special Prosecutions Bureau.

The State Grand Jury indictment was handed-up to Mercer County Superior Court Judge Linda R. Feinberg on Sept. 8. The case has been assigned to the Bergen County Superior Court for trial.

An indictment is merely an accusation. The defendants are presumed innocent unless or until proven guilty in a court of law.

A copy of the State Grand Jury indictment is available via the Division of Criminal Justice Web Page at: www.njdcj.org.

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