(Reprinted from Amboy Beacon, Nov. 10, 2010)
By Jim Shea
FREEHOLD — Former Perth Amboy Mayor Joseph Vas, his longtime Mayor’s Aide
Melvin Ramos and his former driver and running companion Anthony Jones last
week were given until mid-November to decide whether to accept plea-deals
offered by the state Attorney General’s Office that could drastically-reduce
their prison time.
Vas and Ramos quietly entered Monmouth County Superior Court, Freehold,
Thursday at 8:45 a.m., for their status conference date with Judge Anthony
Mellaci Jr., prior to the defendants’ previously-scheduled trial in September
and October.
Outside the courtroom, the two met Jones, a former city employee. The three
sat with Vas defense attorneys Alan Zegas and Edward Byrne and Ramos
defense attorney Jerome Ballarotto.
At 9 a.m., the attorneys and Deputy Attorney General Diane Deal met with
Mellaci in his chamber. They soon emerged, and all in the courtroom were
asked to rise.
Mellaci opened the conference by announcing that this matter had been held
in abeyance until now, pending the outcome of the federal trial. He further
stated that the Attorney General’s Office had offered a plea-agreement on
the state corruption charges.
Under terms outlined by Deal, Vas would plead guilty to two counts of
Official Misconduct and one count each of Theft and Money-Laundering in exchange
for an eight-year prison sentence, of which he must serve five years before
becoming eligible for parole.
The sentence for the state charges would run concurrently with any prison
term Vas receives for his Oct. 8 conviction in U.S. District Court, Newark,
when he is sentenced by Judge Susan Wigenton on Tuesday, Jan. 25.
Vas was convicted for using his influence as Mayor to make a $290,000
profit from the sale of an apartment building by promising the buyer $350,000 in
state affordable housing funds and accepting illegal campaign contributions
for his 2006 campaign for the Democratic nomination in the 13th
Congressional District.
The remaining 24 counts against the former Mayor in the two state
indictments would be dismissed under the plea-deal.
Ramos would plead guilty to one count each of Money-Laundering and
Conspiracy in exchange for a seven-year prison sentence, of which he must serve
about a year and four months before becoming eligible for parole.
The sentence for the state charges would run concurrently with any prison
term Ramos receives for his Oct. 8 federal conviction for accepting illegal
campaign contributions for the Vas 2006 Congressional campaign when he is
sentenced by Wigenton on Wednesday, Jan. 26.
The remaining 10 counts against Ramos in the two state indictments would be
dismissed under the plea-deal.
After saying, “I will not let Vas decide today,” Mellaci told his
attorneys that the former Mayor had until Thursday, Nov. 18, at 9 a.m. to make a
decision.
The Judge further said, “If you agree to a trial and are found guilty, I
may not sentence you to concurrent terms. I’m talking substantial time.”
Turning to Byrne, Mellaci said, “If you plan to accept, please let us know
beforehand. Any motions must be made on that date. If you choose a trial,
it would be held in early May. Regarding the trial, if any of the attorneys
wish this trial to be held in Middlesex County, please let me know.”
Looking directly at Vas, the Judge said, “I’ll see you on Nov. 18.”
Mellaci then told Ballarotto that Ramos is “only here on Count One, seven
years for Money Laundering, concurrent with federal charges; a plea to a flat
seven years.
“Your attorney can also argue to less,” the Judge told Ramos. “As with Mr.
Vas, I’m not going to order you to make a decision today.”
Mellaci then stated that if both defendants turned-down the Attorney
General’s offer and agreed to proceed to trials, the first trial will be held on
May 1, and the second trial after that.
“Vas has a mandatory minimum, but Mr. Ramos has no mandatory minimum,” the
Judge said. “Ramos is a first-time offender, which could bring one
year-plus, but he can’t expect this with a trial.”
Mellaci then addressed the matter of Jones, who was not charged under the
federal indictment. Deal noted that Jones did not appear with an attorney
because his attorney is involved with another case.
She explained that “the state wants Mr. Jones to be admitted as a
third-degree offender.”
Mellaci told Jones that “a conviction could bring a three- to five-year
term in a New Jersey state prison, but you can serve half that time” under the
state’s offer.
“The presumption is that you will go to jail for some time,” the Judge
told Jones.
As for the requirement that Vas and Jones are responsible for paying
$92,000 in restitution, Mellaci asked, “How is it going to be paid? Mr. Vas should
also be made-aware of this.
“Before I go-forward, how would you pay that?” Mellaci asked Jones. “I’d
ask for a restitution hearing. I can consider future earnings ability. They
want to sentence you to a second (degree crime) to be treated as a third.
I’ll ask if you wish to plead. You’re exposed to much-more at a May 1st trial.
“Let’s set Nov. 19 for you, Mr. Jones, since we know your attorney can’t
be here on Nov. 18,” the Judge said. “You can plead guilty, and I can
hold-off on a sentencing-date.”
Apparently surprised, Jones responded by asking Mellaci, “The plea-offer is
I go to jail?”
The first state indictment charges that between June 2003 and September
2007, Vas fraudulently obtained payment from the Perth Amboy Office of
Recreation for $6,234.97 in personal expenses. These included $1,400 in fees for a
private basketball training camp, $1,000 of that amount in fees for his son,
as well as fees for a co-conspirator’s son; $450 for a second basketball
camp for his son, $289.37 for refreshments for his father’s funeral, $153.22
for beachwear for himself, $142.38 for sneakers and a duffle-bag for himself,
and $3,800 for various expenses, including personal clothing and other
unidentified items.
That indictment also charges Vas with one count of Conspiracy, six counts
of Official Misconduct, one count of Pattern of Official Misconduct, one
count of Theft by Unlawful Taking, one count of Misapplication of Government
Property and one count of Tampering with Public Records or Information, for a
total of 11 counts. Vas also was charged with rigging an affordable housing
lottery to benefit Jones, charged by the indictment with one count of
Conspiracy and one count of Official Misconduct, for a total of two counts.
The charges in the 50-page second state indictment fall-into five
categories, the first two counts center-around $25,000 in work allegedly performed at
the Vas home on High Street by Jenicar Builders Contractors Co. Inc., and
the next two counts pertain to an alleged $5,322 medical bill fraudulently
charged to the city’s Insurance Fund.
The next three counts deal with the alleged misappropriation of funds for
use by the “Vas for Congress” campaign, and the next nine counts concern the
alleged falsification of financial records to disguise a $58,006 catering
bill for Imperial Construction Group Inc., with charges against the firm’s
principals as well.
The last two counts charge Ramos and Vas with a Pattern of Official
Misconduct for their alleged acts. Each of those charges carries a mandatory
minimum sentence of five years in prison without parole because they involve
conduct that occurred on or after April 14, 2007 under a new law signed by G
overnor Jon Corzine which was sponsored by Vas in the Assembly.
Zegas and Byrne met with reporters following the status conference.
“No comment as to what the client will do,” Zegas said. “We’re going to
discuss the matter first.”
“Ramos has appellate rights,” Ballarotto said. “This Judge has no
authority if a federal conviction is reversed. Ramos is facing time in state court,
but he’s still a couple of points behind the Mayor.”
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