Rider University AlcoholHazing Death Prosecutor Now Feels Sorry For Two"Uncharged" Administrators

The AP today moved a story about Mercer County Prosecutor Joseph L. Bocchini Jr.'s handling of the Rider University administrators indictment/unindictment containing the admission (approximately five weeks too late) that he feels sorry for the two administrators. Bocchini's office, I maintain, helped cause the damage for which he now feels sorry.

According to the AP, Bocchini said, "the system left him no choice [to indict]." Then Bocchini amazingly added (if the quote is accurate) that he was "unsure from the beginning whether the charges would stick."

My primary focus and that of prPROpinion is the media and legal edia relations. But former prosecutors with whom I have spoken all along (who have practiced before New Jersey county grand juries and would not want to be identified by me for all the tea in China since they are lawyers and have to play in the same sandbox) consistently have told me otherwise.

A cardinal rule, I have been told, is that a prosecutor seeking justice should never indict when he knows there is no chance of conviction and no probable cause. Does Bocchini's quote confirm that this, in fact, happened? I'll leave that up to the attorneys.

I also was told that the assistant prosecutor supervising the panel could have explained the law, cautioned the grand jury that a conviction of the administrators would have been impossible, and asked them to postpone their vote for a week. During that time the prosecutor could have met with the assignment judge, even reached out to experts in the Attorney General's Office just down the street, to determine a more sensible/legal course of action. (Indictments are typed up by the prosecutor's office. No grand juror is asked to bring in his personal laptop, printer and paper on the day of a vote.)

Or, after being advised that indicting the two administrators would not be proper the grand jury could have been told that it did have the power to issue a scathing peroration about the university and its administrators (which still would have to go to the assignment judge for approval before being released). Would a caustic presentment have sated the grand jury's anger but not forced the two administrators to endure indictment?

I also was told that a prosecutor could refuse to sign the indictment and, instead, suggest to the the grand jury that it meet, in camera and ex-parte, with the assignment judge to see what the next step could be.

Whether or not the prosecutor did wrong by the legal system or just in the media relations arena I'm betting that grand juries will be watched a little more closely in Mercer County from now on.

Former N.J. Attorney General John Farmer Jr., a former Assistant U.S. Attorney and son of a renowned columnist for the Newark Star-Ledger by the same name, is quoted in the AP article that three weeks may have been too long to wait before moving to dismiss the indictment against the administrators. "Being accused is irreparable damage to someone' life and you need to resolve this as quickly as possible," Farmer said.

My point all along.