N.J. court rules convicted sex offender can seek public employment

http://www.newjerseynewsroom.com/...employment

Quote : A former Hunterdon County sheriff's deputy who, in a plea agreement with Hunterdon County prosecutors, pleaded guilty to fourth-degree sexual contact for a 2006 incident involving his former girlfriend who was 19-years-old at the time of the assault, may seek future public employment, the New Jersey Supreme Court ruled Tuesday. On Jan. 17, 2008 Jeremiah Hupka appeared before Superior Court Judge Edward Coleman and admitted that he touched his former girlfriend while she was unconscious and without her permission, for his own sexual gratification. ... Later on, the young woman discovered she was pregnant and had it terminated, at which time DNA tests were conducted on the fetal tissue and compared with DNA samples from Hupka, his friend and the woman's then-current boyfriend. The results indicated a 99.9 percent probability that Hupka, who resigned from the Frenchtown police department after the allegations surfaced, had impregnated the victim and a Hunterdon County grand jury was convened, which led to Hupka's indictment on Jan. 9, 2007. ... Because Hupka pleaded to a fourth-degree sex offense, he was not required to register as a sex offender under the terms of New Jersey's Megan's Law ... In their opinion, judges Anthony Parrillo and Carmen Messano cited a state Supreme Court ruling that says, "When an individual commits a crime wholly unrelated to his or her public office, the crime ordinarily cannot be characterized as involving or touching on the public office."

http://www.nj.com/news/index.ssf/...ficer.html

Quote : ... "It signals to law enforcement officers that they can violate the law and still continue to stay on the job, which I think is a very detrimental message to police as a profession," said Maki Haberfeld, a professor of police science at the John Jay College of Criminal Justice in New York who specializes in ethics. "It literally opens the door to the possibility that individuals who commit these kinds of crimes could find employment in the public sector," said William Dressel, executive director of the New Jersey League of Municipalities. ... Steven Cohen, a 30-year veteran labor and employment lawyer, said the decision affects all public employees, not just police, and clarifies the forfeiture statute when it comes to disqualification of public office. ...

Ok wtf? As long you commit the crime off duty you get to keep your job? I can see former teachers lining up at the court asking for their jobs back

It's not just that its committed off duty, its that it was ruled not related to their job.

Quote from appleyum : As long you commit the crime off duty you get to keep your job?

Aside from Haberfields opinion, was there another spot that stated this? It seems that it's only dealing with future employment, which IMO they got it right. Even now criminals can seek employment, however, that doesn't guarantee they will get the job.

Quote from paperboy05 : Aside from Haberfields opinion, was there another spot that stated this? It seems that it's only dealing with future employment, which IMO they got it right. Even now criminals can seek employment, however, that doesn't guarantee they will get the job.

Looks like I may have jump the gun, time to do more digging From what I heard on the radio it sounded like he was seeking his old job back

This is what your tax dollars pay for, enjoy.

Quote from appleyum : From what I heard on the radio it sounded like he was seeking his old job back

I was wondering if that was the case. Didn't see that specifically mentioned, but it seem like that's what was going on.

http://www.leagle.com/unsecure/pa...0100803281

Quote : The State urged the court to find that the conviction "touched on" defendant's employment as a law enforcement officer because police officers are "on duty" at all times and are obligated to uphold the law.

Interesting question...do cops have to uphold the laws at all time?


Does this ruling negate the plea agreement so that he can be charged again? Or did it strip away the punishment and he gets off easy?

Quote from appleyum : http://www.leagle.com/unsecure/pa...0100803281 Interesting question...do cops have to uphold the laws at all time?

Crazy position by the State, you would think that would open up and entirely new can of worms they wouldn't want to even think about.

Seriously, has the state realized what they have possibly opened themselves up to. If this guy gets his badge back and does something bad you know they are gonna get sued. That said the only say he can "seek" public employment. I can't imagine any police agency actually offering him a job but only time will tell.

That said I don't totally understand what he did wrong. It's not like the guy molested a kid but rather had "touched his girlfriend while she was unconscious"? Who here hasn't gotten a little frisky with their significant other while they're sleeping in an effort to wake them up in the mood? I mean if you do that and they don't give specific instructions to are you going to be convicted of 4th degree secual contact? Did he get this chick wasted on purpose and then have sex with her while she's passed out as she wouldn't put out? For all we know he just played with some boobies and from a sexual encounter either before or after that moment she got knocked up. The article is pretty frigging vague as to what exactly happened.

Additionally, stereotypical Ryu-Bom "cops are bad posting" in

3

2

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There is this silver lining from the specific case:

by his voluntary agreement, will never again seek future employment in this State or any other as a law enforcement officer

though I am not sure how the voluntary agreement will be/would be enforced.* Seems there is an opportunity here for the N.J. legislature to update its laws to prevent police officers from committing such crimes and continuing on as P.O.'s.

* Ah, here:

Defendant negotiated a plea bargain, pursuant to which he pled guilty to a single count of fourth-degree criminal sexual contact [...] there was more to the plea bargain. Although defendant had voluntarily resigned both of his law enforcement positions after the indictment issued, the State made the plea conditional on defendant's agreement never again to seek employment as a police officer in New Jersey or any other state, a condition to which defendant agreed.

And the reason this case exists:

Further, the State raised statutory forfeiture and permanent disqualification from public employment pursuant to N.J.S.A. 2C:51-2 (the forfeiture statute), due to defendant's status as a public employee when the offense was committed. Defendant would not agree to statutory forfeiture and permanent disqualification and it was not made a condition of the plea. Rather, the parties agreed to have the applicability of N.J.S.A. 2C:51-2 resolved by the court.

Quote from LivninSC : Additionally, stereotypical Ryu-Bom "cops are bad posting" in 3 2 1 ........

Obviously my earlier post got deleted cause someone thought it wasn't right......

Wonder how many sex offenders and felons go to court to get a challenge to become a cop again?

Yea like I am surprise cops get special treatment... this ain't new to me ...

Yea thats right sterotypical me.... when everything I noted is actually the truth.. like cops don't get special treatment.... How many more cases does one need to prove one's point

It's amazing how predictable you are

Did you read the part of the article where it's to be applied to ALL public employees, not just police?

Did you understand the part of the article where it says he can "seek" employment. Hell, axe wielding serial murderers can seek unemployment, not that the cop in fact has his job back.

Do you actually know what the former officer was convicted of because the article completely leaves that out? I had no idea what 4th degree sexual contact actually meant but from what I could find it meant that he touched some erogeneous zone of his girlfriend while she was unconscious (presumably because she as wasted). From what I could find 4th degree does not include actually having sex so it's weird that they bring up the "it terminated" part of the article. I gotta be honest. If me and my chick got wasted and I got a little frisky but we didn't have sex and I was fired from my job I'd probably try and get it back.

No, you yet again don't know the facts at all of the case and are on your soap box saying how bad cops are instead of trying to understand what actually occured before opening your pie hole...

This just in. PEOPLE are bad. I mean, we've got racist movie producers and actors, professional athletes who kill people, dogs, and deal drugs. We've got CEOs who knowingly commit fraud and bankrupt their companies to make a buck while damning their employees to a shitty retirement. We've got Presidents fooling around with young women putting cigars up their snatch, Governors cheating on their spouses, and Senators calling for the execution of people. We've got teachers having inappropriate relationships with children while other childern are taking AK's to school and killing tens of kids.

If you're going to make such blanket generalizations that all cops are bad because of the ones that are (and admittedly there are some) than all human beings are bad because at the end of the day no matter what race you are, what language you speak, what God you do or don't believe in, what your sex is, or what job you have at the end of the day there is someone that has done something bad.

Must be a sad world you live in when at the end of the day everybody is bad and presumed guilty because others have done something wrong.

Quote from LivninSC : It's amazing how predictable you are Did you understand the part of the article where it says he can "seek" employment. Hell, axe wielding serial murderers can seek unemployment, not that the cop in fact has his job back. Do you actually know what the former officer was convicted of because the article completely leaves that out? I had no idea what 4th degree sexual contact actually meant but from what I could find it meant that he touched some erogeneous zone of his girlfriend while she was unconscious (presumably because she as wasted). From what I could find 4th degree does not include actually having sex so it's weird that they bring up the "it terminated" part of the article. I gotta be honest. If me and my chick got wasted and I got a little frisky but we didn't have sex and I was fired from my job I'd probably try and get it back.

LOL

So how she got pregnant.... Did the guy have the magic fingers like God...? or did he RAPE her and then pleaded down the charge

Quote : Later on, the young woman discovered she was pregnant and had it terminated, at which time DNA tests were conducted on the fetal tissue and compared with DNA samples from Hupka, his friend and the woman's then-current boyfriend.

Quote from digitalhandle : There is this silver lining from the specific case: by his voluntary agreement, will never again seek future employment in this State or any other as a law enforcement officer

If for no other reason than this do I think in this particular case that the cop shouldn't be allowed to seek for his job back. He knowingly entered in to a plea agreement with this being one of the things agreed to.

I'm not a Jets fan but it's like how Revis wants more $$ because he turned out to be such a star cornerback. I mean, what if he sucked. Could they pay him less? Deeds knew how to handle whiny bitches like him...

When you enter in to an agreement IMO you live by what you agreed to.