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BY PETER J. SAMPSON


 

After three trial adjournments last year, lawyers for a suspended North Bergen public works official accused of official misconduct appeared before two judges Wednesday to request yet another delay.

 

Attorneys Samuel R. DeLuca and George Taite had been scheduled to argue that their client, Timothy J. Grossi, 75, of Jersey City, is medically unfit to proceed to trial next week because of a deteriorating heart condition.

 

But neither Grossi, the township’s deputy director of public works, or his cardiologist, showed up for the hearing before Superior Court Judge Edward Jerejian in Hackensack. Instead, DeLuca informed the judge that he is retiring after 47 years and closing his Jersey City law office.

 

As a result, DeLuca said Grossi will need to retain a new defense lawyer and the lawyer will need sufficient time to get up to speed on the case.

 

After a private conference in his chambers, Jerejian sent the lawyers to Superior Court Judge Liliana DeAvila-Silebi, the presiding judge in the criminal division, to decide what should be done.

 

Grossi was indicted in December 2012 following a state probe into the unlawful use of Department of Public Works employees for personal chores and campaign work.

 

He was suspended without pay from his $133,000-per-year job. He is alleged to have ordered workers to help with three political races in Hudson County as well as having employees perform chores at his home and the homes of others, then falsifying timesheets so that the workers would be compensated by the township.

 

James Wiley, a former DPW assistant superintendent, has pleaded guilty to related charges and is expected to be a key prosecution witness. Two other DPW supervisors are also facing trial in Hudson County.

 

 

During the hearing, Deputy Attorney General Victor Salgado objected to the new delays and said the judge has the power to compel DeLuca to stay in the case. He reminded Judge DeAvila-Silebi that after three postponements last year, DeLuca had pledged to be ready for trial in January “unless the big guy calls me home.”

 

Allowing DeLuca to withdraw could delay the trial until mid-summer, Salgado said.

 

DeLuca said his client’s health has been deteriorating since late November. He added that his reasons for retiring are “not anyone’s business.”

 

The judge said she could not make a decision on whether “to relieve” DeLuca without first determining the status of the Grossi’s medical condition. She directed DeLuca, or a new attorney, to return to court with Grossi and his cardiologist next Thursday.

 

She said Grossi has a right to be present at his trial and if he is too ill, she will have no choice but to adjourn the trial.