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A state appeals court panel today upheld a former Ringwood police sergeant’s conviction of official misconduct, and he now faces serving a three-year state prison sentence.
State Superior Court Judge Raymond Reddin in Paterson had stayed his sentence of David LaConti, 46, of Highland Lakes, allowing him to remain free on bail pending the appeal’s outcome. LaConti was convicted in 2006 on one count of official misconduct after the jury found that he had sex with a public employee while on duty at police headquarters.
The jury, however, acquitted LaConti on charges of sexual assault and criminal sexual contact, rejecting the prosecution’s claims that LaConti coerced or forced the woman into having sex.
The somewhat mixed verdict raised questions at the time among the judge and attorneys as to the jury’s rationale. The jury apparently found that the sexual encounters between the two were consensual, but that LaConti was derelict in his duties by having them while on duty.
The defense argued on appeal to the Appellate Division of state Superior Court that, among other things, the verdict was inconsistent and against the weight of the evidence. The defense also maintained, among other legal arguments, that instructions on an amended verdict sheet given to the jury were misleading and confusing to the point of producing unjust results.
Joseph Del Russo, Passaic County senior assistant prosecutor, said Friday he will begin making arrangements with LaConti’s attorney and other officials for LaConti’s surrender. LaConti could be eligible for parole about a year into his term. He faces a possible loss of his pension, pending state review. His convictions also brought job forfeiture and a bar from public employment for life. He had been suspended without pay from his $87,589-a-year post since his arrest in 2003.
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