Politics & Government

Part of Town's Motion Against Police Captain May Be Withdrawn

Attorney John Inglesino said that if James Carifi's lawyer guarantees his client will appear for deposition, he'll drop demand for him to be deposed.

Parsippany may withdraw a legal motion that sought to compel Board of Education member and retired Parsippany Police Capt. James Carifi to be deposed in his 2011 lawsuit against the town, according to township Attorney John Inglesino.

Carifi currently is the subject of a Parsippany police internal affairs investigation. The probe, the reason for which has not been revealed, is standing in the way of the captain's planned April 1 retirement from the force.

The lawyer told Patch that the motion was filed in Morris County Superior Court in Morristown Friday because Carifi "was evading" being deposed and discovery needed to be extended "due to Mr. Carifi evading his deposition."

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Carifi's lawsuit against the township and former Parsippany Police Chief Michael Peckerman alleges that he was denied a 2009 promotion to deputy chief in retaliation for exposing misconduct within the PPD.

Town officials say Carifi was not eligible to be promoted as he did not take the state-mandated Civil Service examination for the position.

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The motion accuses Carifi of committing a host of perhaps illegal wrongdoings including using removable hard drives to steal confidential records, including police reports. If found guilty of this second-degree offense, known as theft of digital information, it could mean jail time for the police captain. Any finding that he engaged in misconduct could also cost him a pension payout of more than $368,000.

Inglesino offered some background on what's happened since the town filed its motion late last week.

"[Tuesday], Mr. Carifi’s attorney, Pat Toscano, advised the township yet again that Mr. Carifi would make himself available for his deposition," he said. "In return, Mr. Toscano requested that the township withdraw its motion."

Inglesino explained that Toscano agreed to sign a consent order setting guaranteed dates for Carifi to be deposed.  

"If Mr. Toscano signs the consent order, then there is no reason for the township to pursue the motion to compel Carifi’s deposition because the township will have achieved its objective," he said. "Simply stated, the consent order gives the township the same victory that it would have achieved if the judge were to rule in the township’s favor on the pending motion."

Withdrawal in this case does not mean that the town's motion disappears, according to Inglesino. He said the motion remains in effect until the consent order is signed next week—and it will not be withdrawn "unless and until a consent order, in form acceptable to the township,  is signed by Mr. Carifi’s attorney setting dates certain for Carifi’s deposition."  

With a signed consent order in place, should Carifi fail to appear for his deposition, Inglesino said the township will file a motion seeking to hold Carifi in contempt of court.  

The portion of the motion involving extending the case's discovery period will not be withdrawn, he added, noting that "[t]he substance of the brief is true and uncontroverted by Carifi."

Asked for a response, the captain's brother, Councilman Paul Carifi Jr., who is running against Mayor James Barberio in the Republican June 4 primary, offered one statement.

"I call upon Mayor Barberio to disclose to the residents and taxpayers of Parsippany how much it has cost them in attorney fees to draft, file, and then withdraw this motion against my brother because I am running for mayor," he said. "Mayor Barberio's political retribution is not victimless, the taxpayers of Parsippany are the ones paying for this." 


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