From The Press of Atlantic City - A dispute with a constituent could not be settled out of court, so Mullica Township Mayor William Kennedy now faces the prospect of going to trial this fall in the middle of his re-election campaign.

Kennedy, Mullica resident Louis Vitale and their lawyers stood four abreast in front of Judge Frank Raso on Monday afternoon. Raso asked about the parties’ discussions thus far concerning a May 12 encounter, in which Kennedy says Vitale harassed him and Vitale says Kennedy assaulted him. Both men have pleaded not guilty.

“We don’t think that it can be resolved,” Steven J. Feldman, Kennedy’s attorney, told Raso.

Raso scheduled a July 21 conference with the lawyers; Michael T. Peyton represents Vitale. The judge said a trial would most likely begin in September.

State sentencing guidelines maximize the toll for a simple-assault conviction at six months in jail and a $1,000 fine. For harassment, it’s 30 days and $500.

It was not clear whether the two cases would be tried simultaneously, but Raso noted he must find another prosecutor for Kennedy’s case. Current Folsom prosecutor James Curcio once got Kennedy’s vote to become Mullica Township prosecutor, presenting a conflict of interest, officials said.

The case was moved out of Mullica Township court because Kennedy’s position would create a conflict there, too. Raso acknowledged he didn’t know Kennedy was the mayor.

Kennedy arrived in court early, wearing a blue dress shirt and slacks. Fellow Township Committeewoman Janet Forman sat in the row behind him as Raso processed other cases.

Vitale and Peyton entered five minutes late for the 2:30 p.m. appointment. Vitale was dressed in a dark suit and wore sunglasses, which he removed at Raso’s request.

After the brief appearance, Kennedy promptly left the building and drove away, while Vitale stood outside chatting with a few people. One was Michael St. Amour, who is a Democratic township committeeman like Kennedy but has largely corroborated Vitale’s account of the incident.

In a hallway outside the May 12 school board meeting, St. Amour has said, Kennedy criticized his idea of acknowledging at the next night’s committee meeting the recent death of resident Larry Angel. Kennedy also questioned whether Angel was deployed to Vietnam as he had professed, St. Amour said.

Vitale overheard Kennedy and called him a liar, according to St. Amour, prompting Kennedy to shove Vitale into a crowd. Vitale said he was punched.

Kennedy’s complaint to township court characterizes Vitale as verbally harassing Kennedy, mentioning no physical contact.

St. Amour showed up Monday because he is listed as a case witness. Raso didn’t call upon St. Amour or Kristen Britton, the other listed witness.

Kennedy is the sole member of the five-person Township Committee facing re-election this year, against Republican Joseph Maultz. The committee elects one of its members to the mayor’s office each January.

 

To e-mail Eric Scott Campbell at The Press:

ECampbell@pressofac.com