NJ football team hazing suspects to be tried as juveniles: Report

In a announcement released Monday evening, a New Jersey county prosecutor confirmed that the seven juvenile defendants charged in connection to the highly-publicized sexual hazing allegations which led to the cancellation of a high school football teams' remaining season will not be tried as adults.

Monmouth County Prosecutor Andrew Clay said the seven Sayreville War Memorial High School football players will remain in Family Court and be tried as juveniles, reported NJ.com.

“The conduct in which the juvenile defendants engaged was serious and that is why criminal charges were filed,” Carey said. “The appropriate forum for the resolution of these cases is Middlesex County Family Court. Asking the court to waive these seven juvenile cases to adult court would not best serve the interests of the victims, the community, or the defendants."

The announcement confirms earlier reports that the prosecutor's office would not seek to bump the defendants' cases up to adult court where they could have faced more serious penalties such as prison time.

Pamela Brause, an attorney for one of the seven unnamed defendants, says Carey's decision was the right one. "I believe the prosecutor carefully weighed the facts, assessed the statutes and made the proper decision," she said.

Attorney Richard Klein, who represents another of the defendants, had similar thoughts. "Given the circumstances of the case, with both the defendants and alleged victims being juveniles, we feel that this was the right decision," he said.

Investigators said that between September 19, 2014 and September 29, 2014, one or more of the juvenile defendants allegedly either held the victims against their will, while other juvenile defendants improperly touched the juvenile victims in a sexual manner.

The allegations eventually led to cancellation of the remaining games and the suspension of five members of the Sayreville High football coaching staff, including head coach George Najjar.

According to the prosecutor’s office, the seven teens charged in the case are all between the ages of 15 and 17. Their identities are being withheld because of their ages.

Three of the juvenile defendants are charged with aggravated sexual assault, aggravated criminal sexual contact, conspiracy to commit aggravated criminal sexual contact, criminal restraint, and hazing for engaging in an act of sexual penetration upon one of the juvenile victims.

With the threat of a waiver to adult court lifted, the defendants could face lesser penalties, even if they're found guilty. They may even be spared any detention time.

But according to Laura Cohen, director of the Criminal and Youth Justice Clinic at the Rutgers School of Law, juvenile defendants in New Jersey are subject to significant penalties even when tried in juvenile court.

Seven players charged with sexual assault in New Jersey high school football hazing: Report

Seven players from a New Jersey football team have been charged with sex crimes in connection with a series of assaults stemming from an investigation into hazing by team members. The alleged attacks of a sexual nature have already led to the cancellation of the rest of the school's football season.

Six of the seven Sayreville War Memorial High School players, ranging in age from 15 to 17, were arrested Friday night, and the seventh was being sought, police and prosecutors said.

The scandal has rocked and divided the working class town in central New Jersey.

Three of the players were charged with aggravated sexual assault, criminal restraint, hazing and other crimes for an act of sexual penetration upon one of the children, Middlesex County prosecutor Andrew C. Carey said. The four other students were charged with aggravated criminal sexual contact and other crimes, reported NJ.com.

The group is charged with attacking four other members of the regional football power, on four separate occasions between Sept. 19 and Sept. 29, authorities said. Their investigation found that the students held other teens against their will and improperly touched them in a sexual manner. 

One of the victims was kicked during an attack, police said.

The seven teenagers charged in the hazing scandal — their identities withheld because of their ages —are to appear before a Superior Court judge who oversees criminal cases involving juvenile defendants who are under the age of 18.

Teenagers who are tried and found guilty of charges under the state’s juvenile delinquency statutes face lesser penalties than an adult. In fact, juveniles who remain in juvenile court don’t go to prison, but are incarcerated at juvenile justice facilities or detention centers in the state. They may even be spared any detention time.

The Middlesex County Prosecutor’s Office, however, could ask a judge to “waive” them to adult  —criminal court where the juveniles would be charged and tried as adults.

According to NJ.com, there are significant sentencing differences in juvenile versus adult court:

• Aggravated sexual assault: Under juvenile delinquency code carries no more than five years incarceration, but the first degree crime carries up to 20 years in prison if convicted in adult court.

• Aggravated assault: Under juvenile delinquency code carries 60 days to a year, but if it is a second degree crime in adult court it can carry up to 10 years in prison.

• Criminal restraint and aggravated criminal sexual contact: Under juvenile delinquency code carry no more than 60 days incarceration, but as third degree crime in adult court carry sentences of 3 to 5 years in prison.

• Hazing and riot are fourth degree crimes that presume no incarceration for juveniles but could result in up to 16 months in prison for adults.

The juveniles would also have criminal records if convicted of the crimes in adult court and could be registered as sex offenders under Megan’s Law.

No court dates have been scheduled, according to the prosecutor’s office.

NJ high school football players could face prison if hazing charges are true: Report

Canceling the 2014 season might be the least of the problems facing some players from a New Jersey high school football team involved in alleged hazing and bullying of a sexual nature if any of the behavior is true and if any of the young men are convicted.

If the allegations about the disturbing rituals in the Sayreville War Memorial High School football locker room are proven, those who committed the acts could face lengthy prison sentences if convicted, says a former New Jersey prosecutor.

Robert Honecker, a former first assistant prosecutor in Monmouth County who is now a defense attorney, said the charges depend upon the acts involved, as well as the age of the victim and defendant.

Honecker has no connection to the hazing allegations that rocked one of the state’s powerhouse football teams over the past week, but based on the allegations made by a parent of a football player in Sayreville as told to NJ Advance Media reporter Matthew Stanmyre, he made a list of possible charges that could be brought.

He said the parent’s story fits into the sexual assault statute as well as the hazing statute.

“There is aggravated sexual assault, sexual assault, aggravated criminal sexual contact and sexual contact,” he said. “They would all fit. There would be a count for each victim.”

The parent claimed that senior football players would darken the locker room, grab a freshman football player, restrain him and then force a finger into the younger player’s rectum.

Honecker said if the seniors who participated are under 18 years old, they must be charged as juveniles. But the prosecutor’s office could make a motion before a judge to waive them to adult court, where the penalties for the same crimes are much more severe.

He said if the senior football players are charged and prosecuted as juveniles, aggravated sexual assault carries a five-year incarceration, but not in state prison. There are reformatories and facilities that house youthful offenders.

In adult court, aggravated sexual assault is a first-degree crime and punishable by 10 to 20 years in state prison. Sexual assault is second degree and carries a sentence of up to 10 years in prison. Aggravated criminal sexual contact is third degree, which is up to five years in prison. Sexual contact is fourth degree and could result in a 16-month prison sentence.

“They (the allegations) also fall under the hazing statute,” Honecker said. “Hazing alone is a disorderly persons offense but if someone suffers serious bodily injury it becomes aggravated hazing, a fourth degree.”

He said the seniors could also face charges of criminal restraint, a third degree crime.

The ages of the victims — 13 or 14 — and the seniors — 17 or 18 — could increase the severity of the charge filed as well, Honecker said.

He said the investigation by law enforcement into these allegations could take months.

“Hazing cases sometimes are difficult to prosecute,” Honecker said. “Victims don’t easily come forward. Once the victim or multiple victims do come forward, then the cases can be prosecuted, but you have to get them in the door.”