CAMDEN — A former South Jersey police chief, tried twice for the alleged assault of a Black teenager, claims he was the victim of malicious prosecution.
Frank Nucera Jr. said in a lawsuit that his former employer, Bordentown Township , and a municipal police officer “influenced and participated” in his prosecution “without probable cause and with malice.”
The now-retired officer, Salvatore Guido, testified against Nucera at trials in Camden federal court in 2019 and 2021. A jury in the first trial convicted Nucera of lying to FBI agents.
But both trials ended without jurors reaching a verdict on charges alleging that Nucera committed a hate crime and used excessive force against a teen in October 2019.
Those charges were dismissed shortly after the second trial.
Nucera was represented at each trial by attorney Rocco Cipparone Jr. of Haddon Heights.
Chief's prosecution stems from hotel incident
The police chief was arrested in October 2017 in connection with a September 2016 incident involving two Trenton teenagers who were swimming in a hotel pool without permission.
An indictment alleged Nucera pushed the head of 18-year-old Timothy Stroye against a door jamb in the stairway of a Route 206 hotel.
It also claimed he used the n-word while talking about Stroye later that night.
Nucera was a police officer for 34 years, the last 10 as Bordentown’s chief. The local resident was also the township's administrator.
The suit contends Nucera did nothing to justify his prosecution for the hate-crime and excessive-force allegations.
It seeks unspecified damages for violations of Nucera’s civil rights, as well as for emotional trauma and legal expenses.
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Township attorney: Suit lacks support
A lawyer for Bordentown Township said Monday that Nucera's lawsuit "is without merit and the township intends to vigorously defend against it."
The attorney, Armando Riccio, argued in a previous court filing that the criminal case against Nucera "was instituted by the United States of America, not the township or Guido."
He said Nucera also cannot prove two prerequisites for a malicious prosecution claim — an absence of probable cause and an outcome for the case that was favorable to him.
“The prosecution resulted in his conviction for making false statements,” Riccio noted in a motion to dismiss a lawsuit filed by Nucera in December 2023.
Nucera's attorney, Richard Wiener, declined to comment.
Superior Court Judge John Ferrelli in Burlington County dismissed the original suit without prejudice, allowing Nucera to file an amended complain on July 30.
That suit was recently moved to Camden federal court at the township’s request.
Jim Walsh is a senior reporter for the Courier-Post, Burlington County Times and The Daily Journal. Email: Jwalsh@cpsj.com .
This article originally appeared on Cherry Hill Courier-Post: Former police chief sues for malicious prosecution on hate-crime charge
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