In a court hearing on Monday, Dec. 19, Newark Superior Court Judge Martin Cronin gave indicted 1st Ward Councilman Elias Chalet until Jan. 20 to either accept a trial date or a plea bargain for allegedly accepting a bribe to use his political influence.
When the hearing began, Chalet’s attorney, Peter Till, asked Cronin to wait until an interlocutory appeal, that he had filed with the Appellate Division, was answered.
An interlocutory appeal will ask an appeal court panel of judges to decide a question of the law before a case is decided by a jury. Cronin refused the request, saying that a trial could begin while the appeal went forward.
Chalet is charged with official misconduct and bribery for allegedly taking $15,000 and promising to exert his influence, with the Bloomfield Township Council, for the purchase of property owned by a private individual. The property owner allegedly gave Chalet the money, in two meetings, while recording both transactions for police authorities.
Till’s basis for the interlocutory appeal was that he believed Chalet should not be charged with official misconduct but fraud because Chalet, or the council, never voted to purchase the property. Till said that since Chalet never voted, he never acted, and official misconduct, as defined by the law, was an act. Cronin disagreed, saying there was enough recorded evidence that Chalet had acted on his promise. Cronin would not reduce the charge. Till then filed the interlocutory appeal.
The Monday hearing had a 10-minute sidebar during which time Cronin, Till and Deputy Attorney General Brian Falk, conferred privately near the judge’s bench. During this time, Chalet, who did not take off his overcoat during the 30-minute hearing, received permission from Cronin to leave the courtroom. He was retrieved by Till for the Jan. 20 scheduling agreement.
Falk told Cronin the current plea agreement offered to Chalet was seven years in state prison with three years parole ineligibility. Chalet would also be required to pay the state $15,000, Falk said. Cronin noted that this was the amount that Chalet received for his promise. Till told the judge that the original plea agreement was for five years in prison with two years parole ineligibility. Chalet had refused this.
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