INDEX 6/7/12 Page MOTION FOR DIRECTED VERDICT ARGUMENT By Ms. Di Nardo 33 By Mr.

Coviello 35 Court Decision 36 WITNESS DIRECT CROSS REDIRECT RECROSS FOR THE PLAINTIFF THERESA MINUTILLO By Mr. Coviello 9 By Ms. Di Nardo 23 FOR THE DEFENDANT TANIA GARCIA By Ms. Di Nardo37 48,52 By Mr. Coviello 43 50 By the Court52 MATTHEW CALICCHIO By Ms. Di Nardo 56 72 By Mr. Coviello 69 INDEX 6/7/12 Page SUMMATION By Ms. Di Nardo 72 By Mr. Coviello 75 COURT DECISION 79

THE COURT: In the matter of State v. Matthew Calicchio. Are the attorneys here? MR. COVIELLO: Ms. Di Nardo?s out in the hallway, Judge. THE COURT: Good afternoon, counsel. MS. DI NARDO: (Indiscernible). THE COURT: Doing good. And you? On the record. State v. Matthew Calicchio. Mr. Calicchio, please -- please come forward. Are you ready to proceed? MR. COVIELLO: The State?s ready, Judge. Yes. THE COURT: All right. MS. DI NARDO: We are ready. MR. COVIELLO: Your Honor, the State has only one witness, but if -- if I may. I ask for a sequestration of any potential -THE COURT: Right. MR. COVIELLO: -- witnesses in this matter on -- on either side. MS. DI NARDO: I would agree. THE COURT: The -- the prosecutor has asked for the sequestration order. Whoever is in the audience and is going to participate in the trial by testifying has to wait outside. I believe though for the State it?s only one person testifying. Who?s going to testify on your behalf? MS. DI NARDO: Well, Judge, my potential witnesses are Tania Garcia (phonetic), Barry Brindle (phonetic), Leon Gold, Nancy Pinkus (phonetic), and a Ms. Mitchell. THE COURT: Are they present in court? MS. DI NARDO: They are all present in court. THE COURT: So they?ll have to wait outside. UNIDENTIFIED SPEAKER: Your Honor? Did I need a subpoena or that or not? THE COURT: For what? UNIDENTIFIED SPEAKER: I was never subpoenaed. MS. DI NARDO: Judge, the subpoena service attempted service on him many, many times. So if he got the subpoena -THE COURT: He?d be in court. MS. DI NARDO: That?s not my problem. He?s here today. THE COURT: But you?re in court, you know. Testify. UNIDENTIFIED SPEAKER: Okay.

MS. DI NARDO: Judge, again, they come to court and they all want to testify. THE COURT: You came to court though. UNIDENTIFIED SPEAKER: They?re calling me a liar, and I don?t appreciate it. THE COURT: No. Come on. Stop it. Let?s stop it. It?s very simple. You are official witnesses on behalf of the defendant. You are in court today. UNIDENTIFIED SPEAKER: Okay. Sorry, Judge. THE COURT: What we?re seeking is the truth of what happened. That?s what we?re trying to do. We?re not trying to railroad nobody. We?re not trying to pick on nobody. All we want is the truth to be heard, and then I will have a better knowledge of what happened and make a better decision. That?s all we?re trying to do. So can you please wait outside, sir? UNIDENTIFIED SPEAKER: Thank you. THE COURT: You may be seated. MS. DI NARDO: I just want to note for the record that there?s a member of the press here -THE COURT: Yes. MS. DI NARDO: -- with a camera. Has your Honor given him approval to take -THE COURT: Well, I gave him permission to be in court and take notes, but not to take any pictures. MS. DI NARDO: Okay, your Honor. MR. COVIELLO: Or recordings, Judge -THE COURT: Or recording. MR. COVIELLO: -- is my understanding. THE COURT: But he tell me that he needs -he needs the -- the computer in order to take notes. They don?t make notes like I do -MS. DI NARDO: I know, Judge. THE COURT: -- anymore. MS. DI NARDO: It?s a different generation. Sure. THE COURT: Yeah. MS. DI NARDO: Okay. THE COURT: It?s S-2011-1525 against Matthew Calicchio. I believe we?re ready to proceed. MS. DI NARDO: That?s correct. THE COURT: Your first witness. MR. COVIELLO: Theresa Minutillo (phonetic), your Honor. THE COURT: Ma?am, would you please come forward. THE COURT OFFICER: (Indiscernible). MS. DI NARDO: Not my witness. He?s been

sequestered. THE COURT: They?ve been sequestered. Yeah. There?s a bench -- around -- past the -- the bathroom. Ma?am, would you please come to the witness -- here, and remain standing. And you please raise your right hand. T H E R E S A M I N U T I L L O, PLAINTIFF?S WITNESS, SWORN. THE COURT: Please state your name for the record. THE WITNESS: Theresa Minutillo. THE COURT: Please be seated, ma?am. MS. DI NARDO: Your Honor, Ms. Pinkus is still in the courtroom. That was the other potential witness. THE COURT: Ms. what? MS. DI NARDO: Pinkus. Still in the courtroom. THE COURT: Ms. Pinkus, you have to wait outside. Have you -- she?s going to call you as a witness. MS. PINKUS: I am not a witness. THE COURT: Well, then you say that on the record, you know, when she calls you up, you know. Please wait outside, ma?am. Mr. Coviello? MR. COVIELLO: Thank you, Judge. DIRECT EXAMINATION BY MR. COVIELLO: Q Ms. Minutillo, you are a resident of Hoboken. Is that correct? A Yes. Q And you also happen to be an elected member of the Hoboken Board of Education? A Yes. Q How do you know -- do you know the defendant in this matter? A I know him just from the fact that he sometimes attends meetings, board of ed meetings. Q Board of education meetings? A Yes. Q The date of the incident complained of is October the 18th, 2011, correct? A Yes. Q Prior to that date can you recollect, let?s say how many within the year prior to that, how many meetings the defendant may have attended at the board of education? MS. DI NARDO: Objection. Relevance.

MR. COVIELLO: Just to set a stage as to the -- the knowledge -THE COURT: I?ll allow it. MR. COVIELLO: -- as to each other prior to this incident. THE COURT: I?ll allow it. MR. COVIELLO: Okay. A He?s a pretty regular member. I couldn?t give you a number, but I believe that he probably shows up at every meeting. We have one meeting a month, and I believe he probably attends every meeting, but I can?t give you a number. Q Okay. And the meetings that you may have recollected him attending, do you recollect if he speaks at the public session of those meetings? A Occasionally. Yes. Q And could you describe -- only the meetings that you were present. Okay. Could you describe the manner in which he addresses the members of the board? A Aggressively. Q Okay. A Disrespectfully. Q In your opinion. A My opinion. Q Okay. All right. And that?s the only -- and let?s say in the year prior to the incident complained about, October 18th, 2011, that?s the only, let?s say, knowledge you have of the defendant as far as your -your -- your person is concerned? A I had seen him on the streets after meetings. Q Okay. Well, but still -- still as -- as, let?s say, a continuation of -- of board of education meetings? A Right. No. Q Okay. Is your -- your -- as a member -you?re a member of the board of education. Are you otherwise employed by the City of Hoboken? A No. Q And -- okay. Something happened on October the 18th, 2011. Is that not correct? A Correct. Q At least as far as you and the defendant was concerned. A Correct. Q Right? Where were you when this incident occurred? A I was on the property of my daughter?s elementary school. Q Could you be more specific? We may not be

somewhat familiar with Hoboken, but we may not be as familiar as you are. Q It was Willow Avenue. A Okay. It was adjacent to the playground. So a little bit to the left of the entrance if you?re facing the entrance of her elementary school? Q Is the school -- have any type of fencing or walls around the -- the particular school? A It has open fencing around the playground. Q Okay. And you were again as far as the playground is concerned, when the incident occurred where were you in proximity to that playground area? A I was walking downtown, so I was facing south. Q Okay. A And the playground was to my right. And at the time he was on the steps and the entrance to the playground area. Q All right. Well, when you first arrived -first of all, what was your purpose of being at that location at that time? A I was there to pick up my five-year-old daughter from kindergarten. Q Okay. And so this was sometime in the afternoon? A Yes. Q They have half-day sessions? A No. Full day. Q Full day now? A Yeah. Q I am old. Okay. So you?re there to pick up your daughter. And when you first arrived at that location, was your daughter outside of the school? A No. She was inside. Q What -- what did you do? Did there come a point in time when she exited the school? A I went inside to -Q You went inside. AYes. Q Okay. So when you went inside to get her, please describe you -- what you did as you arrived at the location and where, if at all, you may have seen the defendant? A I noticed the defendant on my way into the school building to pick up my daughter. Q Well -- okay. You?re on your way up the stairs and into the school. Where -- where was that? A I passed by the front of the playground area -Q Okay. A -- which was at that time on the left, and I

noticed him in the playground area, the -- outside the playground but in the area, which meant down the steps on school property. Q Okay. So he?s to your -- he?s in front of you? A He?s to my left. Q Okay. All right. And -- as you enter the school, how far to the left is it? A I came in contact, close proximity, possibly 10 feet -Q Okay. A -- on my way into the building. Q Could you determine, if you could, whether he was by himself or with someone else at that time? A At that time I thought he was alone. Q Okay. Any communication between you and he as you approached and went into the school? A No. Q Did you find your daughter in school? A Yes. Q And did there come a point in time when you exited the school? A Yes. Q When you exited the school, where?s your daughter? A My daughter?s on my side. My -Q Right or left, do you recall? A My right side. Q Okay. A We exited -Q So if the defendant is on your left on your way in, on your way out did you -- did you see him? A Yes. Q Okay. And where was he when you first exited the premises? A He was where he was when I entered the school. So he was still on that property of the -- of the elementary school, and he was still in that playground area, but not in the playground. Q Okay. Still approximately 10 feet away? A Well, as we walked home, we got closer and closer to him, because I had to pass by him in order to continue my -- my route home. Q Okay. Continue. And what happened as you passed by him? A As we passed -- as I -- as my daughter and I were passing by, he started yelling things at us. Q Well, can you remember as to the best of your recollection what he said, and how he said it?

A I?m coming after you. April?s around the corner. Things of that nature. Screaming at me. It wasn?t a conversation. It wasn?t anything polite. Q Uh-huh. Right. I?m coming after you, and April is coming. A Uh-huh. Q Right? And that?s as best as you can recollect what he said? A I?m coming after you. I?m taking you down. April?s around the corner. You?re done. Similar things to that, but the same things over and over again. Q Okay. A So not just once, not just twice, but continually as we?re walking past. Q How close were you to he when he began speaking to you in this matter? A I would think about five feet. Q Okay. This continued as you past him? A Uh-huh. Yes. Q Did he remain stationary as you continued past him? A No. He walked out of the -- the playground area, up the stairs, and he walked onto the sidewalk at that point. So now he?s behind us. Q Behind you. And approximately how close to you was he at this time? A I would say again about five feet, but then I continued to walk, so the distance between us got larger. Q Okay. Did there come a point in time when this -- this communication ceased? A Yes. Q How far from you was he when the communication ceased? A I would say possibly 10 or 15 feet. Q Okay. And if he?s behind you, how can you tell he was 10 to 15 feet from you? A Because I looked behind me to see if he was following me. Q Okay. How far from the school, or from the school doorway, did -- or you, when this communication ceased? A Twenty-five, 30 feet from the doorway. Q Okay. So from the approximately 10 feet or so, did you say, that -- that when you -- when you exited the premises and the 35 or so feet to when you -- he stopped this -- this communication, he kept repeating after you I?m coming after you. I?m taking

you down, and April is coming. Something along those lines. A Right. Q Could you describe for the Court the manner in which he said these things? A He said them very loud. He said them with anger. He was -- he was scaring me. He was -- he was scaring me. And he was scaring me for the safety of my child, my five-year-old daughter who I was picking up from kindergarten. Q Okay. All right. A So he was loud. And I know he was loud, because there were people in the playground who looked, that turned their head. When I -- when I looked at him and I looked at the playground to see if there were people around, I saw -MS. DI NARDO: Objection -A -- people looking. MS. DI NARDO: -- to what other people were doing, who said -A Well, he was loud. MR. COVIELLO: I -- I -- ma?am, hang on. Ma?am, hang on. THE COURT: Wait. One -- one thing. Object. Sustained. MR. COVIELLO: Okay. Well, Judge, may I -may I re-testify briefly? Certainly as to what these people may have said. THE COURT: Yeah. MR. COVIELLO: But what they did, I think, is absolutely relevant. MS. DI NARDO: Well, Judge, if we?re going to be able to provide names and they?re prospective witnesses such -THE COURT: That they turned their heads? MS. DI NARDO: Provided in discovery. MR. COVIELLO: Yes. THE COURT: Well, I?ll allow that. MR. COVIELLO: Yes. That they turned their heads, and -THE COURT: Whatever they say that -MR. COVIELLO: -- this -- they -THE COURT: Yeah. MR. COVIELLO: -- looked at what was going on. Okay. Q Now did you reply to him in any way? A No. Q No verbal reply? A No. I was with my five-year-old daughter.

Q Okay. Did you reply to him physically in any way? In other words, make any gestures or -- or body movements or anything in reply to what he was doing? A No. The only thought I had, and the only thing I was trying to do was remove my daughter, my five-yearold daughter from his presence. Q Okay. Why? A Because my daughter just started school. It was October. It was her first -- first month in elementary school. And I didn?t want her to be afraid of going to school. I didn?t want her to have a feeling that either she or her mom would be harmed going to school or coming home from school, or that school could be a dangerous place for her. Q Okay. What about you? A I was scared for my daughter. She?s five-yearsold. She?s, you know, not more -- even -- she?s fourfeet tall. She?s a tiny, little girl. And it?s my right and my sole -- my sole right to protect her. Q Uh-huh. Okay. Now did there come a point in time when you reported this incident to the Hoboken Police Department? A Yes. Q How long after the incident? A That day. Q Did you take your -- what did you do? Did you take your daughter home? A Oh. Q What did you do? A I took her to dance class. Q Okay. A I took her to dance class. Q Did you stay with her at the time? A Yes, I did. Q Okay. From there? A We went home, and then from -Q Can I just ask a -- it is a regularly scheduled type of dance class? A Yes, it is. Q Okay. And then? A And then I walked home. And Hoboken is a walking city. So we walked from her school. We walked to the high school for dance, and then we walked from the high school, and we walked home. And then I left her at home, and I went by myself to the police station. Q Not home alone. A No. No. Q Not like the movie. A No. No. I didn?t drop her off and leave her

alone. Q Okay. And you left her with family, friends or whoever. A Yes. I left her with family. Q And you went to the police department. A I went to the police department. Q Did you sign a -- you signed a report that day, a statement to the police that day, correct? A Yes. Q Did you file a complaint that same day? A Yes. Q Okay. You testified earlier that you had known of -- of the defendant prior to this incident. Substantially at these meetings, at the board of education meetings, correct? A Yes. Q File any complaints against them regarding his conduct as a result of complaints, not reports or otherwise. Complaints as a result of his conduct at those meetings. A No. Never. Q But you chose to file a complaint as a result of this incident. What -A Because I was afraid for my daughter. Q Yes or no. A Sorry. Q That?s okay. THE COURT: That?s all right. Q Yes. And then the question is why? A Yes. I did file a complaint, and I filed it to protect my daughter for her safety and for my safety. Q Okay. The person who made these remarks to you at the board of education meetings and -- and on October the 18th, 2011, is he present in court today? A Yes. Q Could you point him out to the judge, please? A Yes. Q There?s two people sitting there. A Oh, I?m sorry. THE COURT: The male? A The gentleman with the (indiscernible). THE COURT: Let the record reflect that the -- the witness has identified the person sitting at defense table as the individual that said those words in Hoboken on October 18th, 2011. MR. COVIELLO: Judge, I have no further questions of this witness. THE COURT: Cross examination? CROSS EXAMINATION BY MS. DI NARDO:

Q Ma?am, how long have you been a member of the Hoboken Board of Education? A Six years. Q And that?s an elected position. Is that correct? A Yes. Q And how often does the board of education meet for their public meeting? A Once -- once a month. Q And -A Usually once a month. Q And at that public meeting members of the public are allowed to address the board. Is that not correct? A Yes, they are. Q And would you say that there are occasions when members of the public can be argumentative or challenging, or disrespectful towards the members of the board of ed -A Yes. Q -- in their comments? A Yes. Q You testified that Mr. Calicchio is potentially one of those persons -A Yes. Q -- who addresses the board of education, correct? A Yes. Q Are you aware that he lives and resides in Hoboken? A I believed -- I am aware of that. Yes. Q When -- when a member of the public approaches the podium to make their public remarks, do they have to identify themselves? A Sometimes. Q Okay. Do they have to provide an address where they reside? A Not usually. Q Have you had occasion to deal with -- strike that. You said or you testified, pardon me, that Mr. Calicchio can be somewhat disrespectful in his comments at board of ed meetings. Is that correct? A Yes. Q However, you?ve never filed any complaints against him for any of his conduct at the board of ed meetings. Is that right? A Correct. Q You testified that on the day of this alleged incident, October 18th, 2011, Mr. Calicchio was saying

to you something about I?m going to get you in April. What -MR. COVIELLO: Judge, I?m going to object. I think that might be a mischaracterization of the lady?s remarks. I think ?I?m going to get you,? period or exclamation point. MS. DI NARDO: ?I?m coming after you in April.? MR. COVIELLO: I?m coming after -- okay. ?I?m coming after you in April.? MS. DI NARDO: Then I?ll -MR. COVIELLO: Okay. MS. DI NARDO: I?ll be more specific, Judge. I?ll rephrase my -THE COURT: Okay. MS. DI NARDO: -- question. Q Mr. Calicchio said ?I?m coming after you. April is around the corner.? Does that sound accurate as to what you testified to? A Yes. Q What is the significance of the month of April, do you know? A Yes. April is usually an election season with the board of ed in Hoboken. Q And in April of 2012 was your seat on the board of ed up for reelection? A Yes. Q And this incident occurred in October of 2011. Is that correct? A Yes. Q Do you know whether or not Mr. Calicchio attends the board of ed meetings with anyone else in his company? A I?m not aware of that. Q Do you know whether or not he?s ever -- he?s attended the meetings that -- particularly the meetings where you say he?s disrespectful with his brother? A I know that his brother has been in attendance. I don?t know that they come together. Q Has his brother made comments during the public session, if you know? A Yes. Q Are you aware that his brother is a twin? A No. Q His brother has made comments though during the public session. Is that correct? To the best of your knowledge. A Yes. Q On the day outside Wallace School -- is it

Wallace School? A Yes, it is. Q Was Mr. Calicchio with anyone, do you know? A No. He didn?t appear to be with anyone. Q Are you aware if he lives near Wallace School? A I don?t know where he resides. Q So is it your testimony that he was just there on that day? Was that the only day that you had seen him outside of Wallace? A No. Actually for -- since the beginning of school there were on several occasions that he was at Wallace Elementary School. Q You did not file any police reports regarding him being outside of Wallace School on those other occasions, did you? A He wasn?t screaming at my daughter. Q Did you complain to the administration of Wallace School about what occurred on October 18th of 2011? A Yes. Q And who did you make the complaint to? A The superintendent. Q Of schools? A Yes. Q And that is who? A Dr. Mark Toback (phonetic). Q And in your complaint, what did you request, if anything? A I just allowed the superintendent to know that I was being harassed at pickup for my five-year-old daughter, and that I had filed a complaint. And that I thought it -- I was scared to have somebody who had no children in the district on school property. Q Are you aware that Mr. Calicchio has a nephew who?s in the school district? A No. Q Are you aware that Mr. Calicchio?s grandmother lives across the street from Wallace School? A No. Q Do you know a young lady by the name of Tania Garcia? A Yes. Q Does Ms. Garcia?s child attend Wallace School? A Yes. Q Now when this event allegedly occurred, was this at dismissal -- at the dismissal time for the

school? A This was past dismissal. Q About what time? A I believe it was three o?clock. Q On the occasions that you saw Mr. Calicchio prior to October 18th, 2011 at the school, was he in the presence of Tania Garcia? ACould you repeat that, please? Q On the occasions that you saw Mr. Calicchio outside of Wallace School prior to October 18th, was he in the presence of Ms. Tania Garcia? A Not that I recall. Q As a member of the Hoboken Board of Education, do you have occasion to encounter members of the public who disagree with your opinion as to your position on the board of ed? A I?m sorry? Q As -- as a member of the board of ed. As an elected member of the board of ed, do you have occasions where you meet up with members of the public who are in disagreement with maybe some decisions that you made or a vote that you might have cast on a particular subject? A I don?t understand what you mean though. Q Run into. A Yes. Q And -- and this -- I?m -- I?m assuming, and you can correct me, I?m assuming that when you?re in Hoboken you have occasion to speak with members of the public who may comment to you about a vote you may have cast as a member of the board of ed. Is that at all possible? A Yes. Q So is it fair to say that that doesn?t have to occur at a public meeting, correct? A Yes. Q And have you had occasion where a member of the public outside the board of ed meeting has commented to you that they are in disagreement perhaps with something that you may have voted upon? A Yes. Q Are they often aggressive in a comment that might be made to you? Do you find that people can be aggressive in the comments that they make to you? MR. COVIELLO: Judge, I?m going to object. There?s been no question -MS. DI NARDO: I?ll rephrase. MR. COVIELLO: -- outside the -MS. DI NARDO: Yes.

THE COURT: Yes. MS. DI NARDO: I?ll -- I?ll rephrase it. I?ll rephrase it. Q Outside of the board of ed proceeding, a meeting, do you find that people can be aggressive in comments that they make to you about a vote that you may have cast or a position that you may have taken on an issue? A Not usually. Q They?re always polite? A Not polite but then I think there?s a difference between polite and aggressive. Q Okay. So if they?re not polite, how do you find them? How would you characterize their manner? A Strong disagreement. MS. DI NARDO: Just one moment, Judge. THE COURT: Sure. Q When Mr. Calicchio allegedly made these comments to you outside of Wallace School, what did you think that the comments related to? What was it in relation to? A My assumption was that it had something to do with the board of ed elections. My assumption is it had something to do with politics. Q When you were interviewed by the detective in Hoboken for your complaint, did you tell the detective that these remarks that were made by Mr. Calicchio that you would ignore these comments, and that you knew these comments were in reference to the upcoming election -A I would -Q -- the board of education election? A I would ignore these comments when I was alone. Q Okay. Did you specifically tell the officer when you were alone that you would ignore these comments, or did you say when he -- when he screamed these comments you ignored them and knew these comments were in reference to the upcoming -- upcoming Hoboken Board of Education elections. A Well, clearly I would ignore them, because I did not file any charges until it happened in the presence of my five-year-old kindergarten (sic) on her school property at pickup one day. Q But on the previous occasions that you saw Mr. Calicchio in front of Wallace School there was no comments made to you at all. Isn?t that correct? A That?s correct. Q When your daughter was present. Wasn?t that correct?

A (No verbal response.) MS. DI NARDO: Judge, I have nothing further. THE COURT: Okay. Redirect? MR. COVIELLO: Nothing further, Judge. THE COURT: You?re -- you?re excused. (Witness excused.) MR. COVIELLO: We rest, your Honor. THE COURT: Ms. Di Nardo? MS. DI NARDO: Judge, at this time I have a motion. Judge, the charge of harassment, as your Honor knows, there are certain elements that must be put forth by the State. One of the elements is making or causing to be made a communication or communications anonymously or at extreme -THE COURT: One second. Let me get my -MS. DI NARDO: Yes. THE COURT: -- I have to go get the book in the -MS. DI NARDO: Of course, Judge. MR. COVIELLO: Judge -- Judge, I think there?s one right -THE COURT: No. It?s not here. MR. COVIELLO: No? I?m sorry. THE COURT: It should be, but it?s not. (Off the record. Back on the record.) THE COURT: I left the bench momentarily to retrieve the -- the New Jersey criminal justice book. Yes. Please continue, counsel. MS. DI NARDO: Judge, one of the elements of harassment is that the communication is made anonymously or at an extremely inconvenient hour, or in offensively coarse language. I submit to your Honor that what is alleged to have occurred here, your Honor, was to believe that Mr. Coviello has in fact made a prima facie showing is clearly not at an extremely inconvenient hour at three o?clock in the afternoon, and obviously the communication was not anonymous. In addition, your Honor, that the testimony did not reflect that it was in an offensively coarse language. The complaint charges Mr. Calicchio with a violation to 2C:33-4A, which would be that subsection of the communication being at an extremely -- in an hour -- offensively coarse language or anonymously, and I submit to your Honor that the State has not put forth testimony that that in fact would meet the requirements and meet the elements of the statute under Subsection A. So at this time, Judge, I would ask for a directed verdict. THE COURT: Mr. Coviello?

MR. COVIELLO: Judge the complaint contains a brief summary of the statute 2C:33-4A, but in that brief summary omits the -- clearly the aspect of -- of the case that the State is relying upon, because the statute itself follows -- includes or any other manner likely to cause annoyance or alarm. And clearly, your Honor, under the circumstances I believe taking all the evidence in the light most favorable to the State at least at this point in time, the State has proven beyond any -- any doubt that the defendant did make these remarks to the complainant in a manner certainly likely to cause her annoyance or alarm. She testified quite clearly that she?s heard the same or similar remarks from this and other individuals during the course of her attendance at Hoboken Board of Education meetings, and -- and didn?t file any complaints against anyone, this defendant or anyone else. But chose to do so on this time only because she was fearful for herself and fearful for her daughter. Certainly it seems to me, Judge, that it -it falls quite clearly under that section of the statute, and I respectfully ask the Court to deny counsel fees. THE COURT: At -- at this point in the trial I have to take all of the evidence before me in the best light of the State. It -- it bothers the Court that -- that -- that the defendant, according to the testimony of the complainant, is in that location prior to that incident on -- on the 18th. On the 18th I -the complainer also testified that she was scared. And not only the words that may harass a person, but the conduct of the person also should be taken into consideration. So at this point I?m denying the motion. Let?s proceed. MS. DI NARDO: Judge, the defense would like to call Tania Garcia. THE COURT: Officer Gimelli (phonetic)? (Court and counsel confer.) THE COURT: Ma?am, would you please come forward? You?re going to testify. Please remain standing by -- by the chair. Raise your right hand. T A N I A G A R C I A, DEFENDANT?S WITNESS, SWORN. THE COURT: Tell us your name, and please be seated. THE WITNESS: Tania Garcia. THE COURT: Please be seated, ma?am. Your witness.

DIRECT EXAMINATION BY MS. DI NARDO: Q Ms. Garcia, where do you reside? A (Indiscernible). Q In what town? A Hoboken. Q Do you have any children? A Yes. QHow many children do you have? A One. QI?m sorry? A One child. Q And how old is your child? A He?s six. Q Does he attend school? A Yes. He attends Wallace School. Q And where is Wallace School? (Unrelated court matters discussed.) A It?s on (indiscernible). Q Take your time. What town? AHoboken. Q And what grade is your son in? AKindergarten. Q Do you know a woman by the name of Theresa Minutillo? A Yes, I do. Q And how do you know Ms. Minutillo? A My son is actually in her grade. Q Do you know Matthew Calicchio? AYes, I do. Q And how do you know Matthew? A I?ve known him for a long time since I was younger. Q In the fall of 2011 did you pick your child up after school, your son? A Yes. Q Did you pick him up every day? A About 99 percent of the time I picked him up. Q Did Matt ever accompany you to pick up your child? A Yes, he does. Often. Q Why would Matt accompany you to pick up the child? A Sometimes you can?t find parking. Q So if you can?t find parking what?s Matt?s purpose of being with you? AHe stays in car, or sometimes he?ll actually go in for -- for me. Q I?m going to direct your attention to October 18th, 2011 and ask were you picking your son up from

school that day at Wallace School? A Yes, I was. Q And was Mr. Calicchio with you that day? A Yes, he was. Q On that particular day, did you have occasion to see Ms. Minutillo outside of school? A I don?t remember seeing her. Q Okay. Would you see her outside of school on occasion back in the fall of 2011? A I?d seen her maybe about four times. Q On this particular day, on October the 18th, 2011, did you go into school to pick up your son or did Matt, if you recall? A I think we both did actually, I think. Q Did you hear Matt speaking to anyone while you were outside of school picking up your son? A No. Q Did you go into school to get your son, or does he come out? A I have to go into the school in the cafeteria to pick him up. Q And did Matthew accompany you? A Yes. Q Did you have occasion to hear Matthew yelling at anyone or speaking in a high tone to anyone? A (No verbal response.) Q How long -- approximately how long were you on the premises of Wallace School on that day? A I would say maybe about 12 minutes. Q And was Matt in your company during that entire time? A Yes. Q Are you aware that Matt was charged with harassing Ms. Minutillo on this particular day? You have to respond verbally. A Yes. Q And to the best of your knowledge did you observe Matthew have any contact with Ms. Minutillo on October 18th, 2011 outside of Wallace School? A No, I didn?t. Q How did the two of you exit from Wallace School, if you recall? A Out through the front entrance. Q And did you leave the area by car or on foot? A We left -- we walked, but I had my car was actually down the block so we walked about a block to my car. Q At any point in walking to your car did you have occasion to see Ms. Minutillo?

No. Q Where did you and Matt and your son go after you got to your car? Did you go any place in particular? A We went to get something to eat. THE COURT: Went where? THE WITNESS: To get something to eat. THE COURT: Oh. Something to eat. Q Was that also in Hoboken? A Yes. Q On the occasions prior to October 18th, 2011, when Matthew accompanied you to pick up your son, did you ever observe Matthew speaking to Ms. Minutillo or engaging her in any kind of conversation? AYeah. Q Does Matthew still accompany you to pick up your -- your son after school? A He hasn?t. Q When did that stop? When did he stop accompanying you? A I can?t remember. Within the time frame, a couple months. Q A couple of months? A Yes. MR. COVIELLO: Judge, I can?t hear. THE COURT: You have to -- you have to move forward, ma?am, and speak into the microphone. MS. DI NARDO: I think you can even tilt it to -MR. COVIELLO: Judge, just may I ask for some clarification? The couple of months the defender -pardon me -- the witness is referencing is a couple of months from today, or the -- or the date of October 18th? THE COURT: All right. MS. DI NARDO: I?ll ask the question. THE COURT: Yes. Q After the -- after October 18th, 2011 did Matt continue to accompany you to pick up your son? A I don?t recall. Q Yesterday did Matt accompany you to pick up your son? A No. Q When did you learn that Matt was charged with harassing Ms. Minutillo on October 18th, 2011? When did you learn about the complaint? A As when it happened. I?m not too sure what was the time frame if it was a couple of days or a week, but as soon as it happened.

Q And after you learned of the filing of the complaint, did Matt continue to accompany you to Wallace School to pick up your son? A No, he didn?t. Q At any point in time when you were out at Wallace School on October the 18th, 2011, did Matt leave your company at any point in that 12 minutes that you were there? A No. Q What?s the nature of your relationship with Matt? A I?ve known him for a long time. He?s friends with my younger sister. Q Do you know whether or not -- strike that. Since the -- since you learned of the filing of the complaint against Matt, have you had occasion to observe any interaction between Matt and Ms. Minutillo? A No. MS. DI NARDO: I have nothing further. THE COURT: Cross examination? CROSS EXAMINATION BY MR. COVIELLO: Q Ms. Garcia, how did you become aware of the allegations made against the defendant? A Matt had told me about it. Q And where you when Matt told you about these allegations? A That I cannot remember. Q Is it possible that you were at the school picking up your son -- your son at the time? A When he told me about the allegations? Q Yeah. A I don?t think so. No. Q But you do remember it was a couple of days or a week thereafter. A Yes. Q Did you converse with Mr. -- with the defendant as to what happened on the 18th of October when you found out about the -- when he told you about the allegations? A He did tell me what happened. Q Pardon me? A He did tell me what happened. Yes. Q He told you what happened. What do you mean by that? A He told me that there was a complaint against him from Ms. Minutillo. Q Okay. And did he ask you what you remembered about the incident? A Well, no, because I -- I never seen her, so I

didn?t know exactly what happened. I was there, so that never even went on. Q Okay. So you were there or you saw -- you met or saw Ms. Minutillo before this incident maybe four times previously? A Maybe. Yes. Q Okay. And what were the circumstances that you saw her? A I?ve seen -- I -- I met her one time at the park. When I first met her I never knew exactly even her name. We really didn?t exchange names that day. Q Uh-huh. A We had a conversation because our children are in the same class. And I might have seen her two or three times after that maybe dropping off -- while we were dropping off our children at school. Q Okay. And you don?t -- you know -- don?t -you didn?t know her as a member of the board of education? A No, I did not. Q Okay. Now you?re saying that Mr. Minutillo (sic) accompanied you to pick up your -- your son, pardon me, prior to the October 18th date about 99 percent of the time. Is that correct? A No. I -- what I said was I pick up my son about 99 percent of the time. Q Oh. Okay. And how often was Mr. Minutillo there -- pardon me -- Mr. Calicchio? A Well, depending on the -- on the time frame I know that -- what time I?m going. Q Right. A Is like if I?m going during a certain time frame I know there?s not going to be any parking because everybody already came from work. Q Yeah. A So if I know I?m making it around that time frame that?s why I asked him to come with me, because I wasn?t going to find any parking. Q So it was -- is it when you -- when you need a ride or when you -- when you can?t find parking that you might connect up with Mr. Calicchio? A No. It?s when I cannot find parking. Q You can?t find parking. What is the percentage of time that happens? A Out of a hundred? Q Sure. A I would say maybe 40. Q Okay. And do you speak to Mr. Calicchio the day of -- the day of? Is it like you make a phone call

to Mr. Calicchio are you there, you?re available to help me? A No. Q Well, how does he know to come and pick you up so that -A We actually work together. Q Oh. Okay. In -- where do you work? A In the Mason Civic. Q Pardon me? A In the Mason Civic. Q Okay. Mason Civic. You do know that -- that Ms. Minutillo is a member of the board of education, correct? ANow I do. Q Now you do. Okay. Is it fair to say that civically -- the civic association that you work for, Ms. Mason, is let?s say a non-supporter of Ms. Minutillo? A To be honest, I?m not sure about that, if she is or she isn?t. Q Okay. Do you -- do you know a Carmelo Garcia (phonetic)? A Yes, I do. Q Who is that? A That?s my son?s uncle. Q And Mr. Garcia is also a member of the board of education of Hoboken? A Yes, he is. Q And how do you -- how -- is it fair to say that Mr. Garcia is, let?s say, not on the same political fence -- side of the political fence as Ms. Minutillo? A Again, I?m not sure. I?m not -- I?ve never, ever had a conversation involving Ms. Minutillo, and I had no -- even aware that she was actually on the board, because I?ve never even went to a board of education meeting. MR. COVIELLO: Judge, I have nothing further at this time. THE COURT: Redirect? (Unrelated court matters discussed.) REDIRECT EXAMINATION BY MS. DI NARDO: Q How long have you worked for the Mason Civic League? A Since January of 2012. Q Of 2012? A Uh-huh. Q And the head of the civic league is a councilwoman. Is she a councilwoman in Hoboken?

Yes, she is. Q What do you do for the civic league? A Just secretarial work. Q Have you ever seen Ms. Minutillo in the civil league office? A I?ve seen her outside our office. I?ve never seen her actually inside my office. Q Have you ever worked with her on any projects with the Mason Civic League? A No. Q Was it your testimony that you never attended a board of ed meeting? A I?ve never attended one. I tried to attend one one time once, and I wasn?t let in because there was an actual problem, so I never even got to get inside. Q When you say a problem, what do you mean? A There was an issue. A fight broke out or something. I?m not sure even because I just was just told to leave, and I just drove away. Q Was that recently? A That was in the wintertime. Q By whom were you asked to leave? A The two officers that were there. Q Police officers? A Yes. Q Were you the only person who was asked to leave or -A Oh. No, no. Everyone that was in the hallway that was actually going down the stairs had to make a U-turn. So it was numerous people. Q Do you ever discuss with your Uncle Carmelo issues that he may be dealing with as a member of the board of ed? A To be honest I barely see him. If I see him maybe once out of three months. We live in the same town, and it might not sound right, because that?s my son?s uncle, but we really don?t have that much interaction. That?s my son?s family, and, you know, he goes to his family. I don?t go. But, no, we?ve never had any dealings -- anything other than anything that has been asked. MS. DI NARDO: Nothing further, Judge. MR. COVIELLO: Judge, may I have this for a moment? THE COURT: Sure. MR. COVIELLO: Judge, one further question. THE COURT: Uh-huh. RECROSS EXAMINATION BY MR. COVIELLO: QMa?am, have you ever worked for the Galaxy

1200 Civic League? AIt?s Gallery. Q Gallery. Pardon me. Not Galaxy. Gallery 1200 Civic League. A Yes. QOkay. And that -MS. DI NARDO: Judge, the objection, relevance? MR. COVIELLO: Well, Judge, I?m advised that the Galaxy 1200 (sic) Civic League is -- is the -- is a group let?s say that supports Ms. Mason, which is the contemporary of the Mason Civic League member, which the defendant -- pardon me -- with the witness -- I keep -- the witness suggested she did not -THE COURT: I?m going to allow it. MR. COVIELLO: -- she did not belong. THE COURT: This is a political incident. MR. COVIELLO: Yeah. Okay. MS. DI NARDO: Okay. Q So you -- you -- you did -- you -- and what were the dates that you worked for that association? A January 2012. MR. COVIELLO: January 2012. I have nothing further of this witness, Judge. THE COURT: I do. EXAMINATION BY THE COURT: Q What are your working hours? A They vary. Q They vary? A Yes. Q Yesterday? A Yesterday was Wednesday. Yesterday I went in the afternoon. Q All right. It -- it -A Around -- around -- I got in at 12:00, and I left around 4:00. Q Are you on the payroll? AYes. Q And do you know the working hours of the defendant? A No. We have different hours. Q You have different hours? A Yes. THE COURT: As a result of my questions, any questions by the -REDIRECT EXAMINATION BY MS. DI NARDO: Q Do your hours fluctuate weekly, or are they consistently the same? A No. They change weekly.

Q Are you working 40 hours a week or less? A Less. Q On an average, how many hours a week do you work? A About 28. Q And in those 28 hours a week do you work with Matt? A No. Q Is that only since January of 2012? A Yes. Q You testified earlier that -- to Mr. Coviello on how you get together with Matt to pick up your son back in the fall. A Yes. Q You said you worked together. A Yes. Q Were you working together back in the fall as well? A Well, at that time in the fall I was actually volunteering first. I wasn?t actually hired yet for 2012 -- in January. Q So you were a volunteer for what organization? A For the -- for the Mason Civic League and the Gallery that was actually an upcoming project. It wasn?t really launched yet. Q What is the Gallery -- is it Gallery League? What is it called? A It?s a community space. Q I?m sorry? A It?s a community space. Q What does that mean? A We have different events there. If someone has -say someone has a -- like right now we just actually did something with a private school for the Hudson School. We had a two-week event with them where the teachers from the four -- from the fourth grade to the twelfth we had an exhibit for their art work. And we -- with upcoming one now is going to be a Hoboken charter school. Q So back in the fall you were a volunteer for them? A Yes. MS. DI NARDO: I have nothing further. MR. COVIELLO: I have nothing further, your Honor. THE COURT: You are excused. THE WITNESS: Thank you. THE COURT: You?re welcome.

(Witness excused.) MS. DI NARDO: Judge, can I have a minute? THE COURT: Sure. MS. DI NARDO: Judge, at this time I?d like to call Mr. Calicchio. THE COURT: The defendant? MS. DI NARDO: Yes. THE COURT: Mr. Calicchio, I -- I?m sure that your lawyer has advised you about testifying or not testifying in your trial, correct? THE DEFENDANT: Yes. THE COURT: Now you have to keep in mind that if you testify you open yourself up to cross examination by the prosecutor. THE DEFENDANT: Yes. THE COURT: And in our system know the thing that is obligated to testify against ones self. So if you -- if you choose to tell me, listen, Judge, I do not wish to testify, I cannot hold that against you. By -- by that I mean I cannot infer no guilt out of your exercising your right not to testify. Do you understand that? THE DEFENDANT: Yes. THE COURT: And knowing that you still want to testify? THE DEFENDANT: Yes. THE COURT: All right. Please come forward, sir, and remain standing by the chair, and raise your right hand. M A T T H E W C A L I C C H I O, DEFENDANT, SWORN. THE COURT: Please be seated, sir. Your witness. MS. DI NARDO: Thank you, Judge. DIRECT EXAMINATION BY MS. DI NARDO: Q Mr. Calicchio, do you reside in Hoboken? A Yes. Q And how long have you lived in Hoboken? A Since I was about six. Q And that?s how many years? A About eight -- about 17 years. Q Are you currently employed? AYes. Q By whom are you employed? A Mason Family Civic. Q And how long have you been employed by the Mason Family Civic? A Since June of last year. Q And what do you do for the Mason Civic League?

I work in their Gallery 1200. Q Is that -- that?s the community space? A Yes. Yes. Q Do you know Ms. Minutillo? A Yes. Q How do you know Ms. Minutillo? A From her -- from her elected position on the board of ed. Q Do you attend board of ed meetings? A Yes. Q Did you attend board of ed meetings in the fall of 2011? A The last one I attended was October. Q Of 2011? A Yes. Q Do you have any children or family members that are in the Hoboken school system? A My nephew?s in the school system. Q How old is your nephew? A Four. Q When you -- strike that. Prior to October of 2011 would you attend the Hoboken Board of Ed meetings on a monthly basis? A Yes. Q Would you attend them alone or with another -- others? A With some others at times. Q And with whom did you attend the meetings? A Some friends, some political friends. Should I say names or -Q Of course. A Okay. Frank Reya (phonetic), my brother, Michelle Russo, and a few others. Q Would you ever attend a board of ed meeting with Ms. Mason? A I believe in the last 12 months she?s been to one, and I was present. Q When you attended those board of ed meetings, did you speak at the public session? A I have never spoken at a public -- at a public session at a board of education meeting. A Has your brother ever spoken at a board of education -Q Yes. A -- meeting? A He speaks regularly. Q Is your four-year old nephew, is that your brother?s son? A Yes.

Q How would you describe a Hoboken Board of Education meeting? MR. COVIELLO: Judge, I?m going to object as to the general concept as to what a Hoboken Board of Education meeting unless there?s a specific date we?re talking about. MS. DI NARDO: Well, without leading Mr. Calicchio -Q In your observations your experience in attending a board of education meeting, during the public session is the climate in the room hostile? A On certain issues. Very. Q When you attended the board of education meeting in October of 2011 during the public session was the climate hostile, if you recall? A Not that I recall. Q When you say on certain issues, just briefly what are some the issues that the -- that the meeting becomes hostile -- or the climate -MR. COVIELLO: Judge -Q -- becomes hostile? AOn -MR. COVIELLO: -- can I ask relevancy on that issue? MS. DI NARDO: Well, we heard about how he?s -THE COURT: I -- I -MS. DI NARDO: -- so disrespectful when he speaks to the board -THE COURT: I am -- I am curious. I am very, very interested to find out why people would go to a meeting. Maybe it?s spectators, like, going to a ball game. MS. DI NARDO: Uh-huh. THE COURT: Maybe the -- the -- the -- the situations -- people are fighting or arguing and it?s entertaining. Maybe that?s why people go to the meetings that have no children in the system. MR. COVIELLO: But -- well, one thing, Judge, is that this gentleman testified that he?s never -he?s never spoken. THE COURT: That?s right. Well, I -- I?ll allow the question. I -A The one big incident that I do remember happened on February the 14th at the board of education meeting where the issue of -MR. COVIELLO: If I may ask February 14th of what year? THE COURT: Yeah. What year?

THE WITNESS: This year. (Indiscernible). MR. COVIELLO: Judge, what?s the relevance -THE COURT: No, no. We would -MR. COVIELLO: -- if something happened after this incident? THE COURT: We?re only interested from October 18th back. What happened after that is -- is no concern of -- of this Court. Q At the times when you?re alleged to have spoken at the public meetings Ms. Minutillo was -A There are all different issues that come up that get -- that get hostile. But like I said I?ve never addressed any issue publicly at a board of education meeting. THE COURT: As a matter of fact you testified that after October ?11 you never went back to the meetings. THE WITNESS: Yeah. For the simple fact that the -MR. COVIELLO: Yeah. That?s interesting. THE COURT: Yeah. THE WITNESS: I -- I never went back for the simple fact that the complaint was filed and she said that she was afraid of me. So to -- to remove myself from the situation I stopped going anywhere I knew she would be. THE COURT: All right. Q And was that decision on your part through the advice of counsel? A Yes. Q Since removing yourself from any situation where Ms. Minutillo might be, have you had occasion to run into Ms. Minutillo in Hoboken? A I saw her -- after that I saw her once. We happened to be having dinner at the same restaurant. And then I saw her when I attended one board of ed meeting in February. And I -- I was there for maybe half an hour. Q And why did you attend the board of ed meeting in February? A They had the issue of moving the election, which I was opposed to, which Ms. Minutillo was in favor of. And it got -- that meeting got so hostile that a fistfight broke out and shortly after that I left. Q When were they moving the meeting to? The -A They were moving -Q I?m sorry. Strike that. When were they moving the -A This November.

Q -- election to? MR. COVIELLO: Judge, I can object? We?re talking about something that happened in February about an incident that occurred in October of 2011. THE COURT: Let?s move on. Let?s get to the (indiscernible). MR. COVIELLO: Okay. THE COURT: I -- I understand. Counsel, I understand there?s a whole -- I?m from Buckland County. I understand the way politics is -- is -- conducted here. MR. COVIELLO: Okay. Q Okay, Matt. I?m going to direct your attention to October the 18th, 2011. Were you at Wallace School on that day? A Yes. Q And why were you at Wallace School? A I was with Tania Garcia picking up her son. Q Is that the first time you went to Wallace School to pick up -A No. Q -- Tania?s son? A No. Q How often would you go to Wallace School to pick up Tania?s son in and around that time? A Often I?d go. Q On October 18th of 2011 at Wallace School did you have occasion to see Ms. Minutillo? A I saw her. Yes. Q Did you have occasion to speak to her? A No. Q Where did you see her at Wallace School? A By the playground. Q Were you yelling at her -A No. Q -- at the playground? A Absolutely not. Q Now Ms. Minutillo has accused you of yelling at her, saying something like ?I?m coming to get you in April.? A Correct. Q Did that occur? A No. Q Did you have any interest in running for the board of education in the April election -MR. COVIELLO: Object. Q -- at that time in October of 2011? MR. COVIELLO: Objection as to relevancy. Either it --

MS. DI NARDO: It?s very relevant. ?I?m going to get you in April?? It?s about an election. THE COURT: I?m going to allow it. A No. I have no interest in running. Q Did you have any interest then? A No. Q Did you support Ms. Minutillo in her election campaign for the board of education? A No. Q When you saw Ms. Minutillo at the playground was there anyone else present? A Yeah. The -- the playground was full of children, parents. There was other parents around picking up their children. Q How did you get to Wallace School that day? A Tania. Q Did you drive? A Yes. Q Walk? Drove. How did you leave Wallace School that day? A She drove. Q And was Tania?s son with you when you -- when you left -A Yes. Q -- Wallace School? A Yes. Q Did you follow Ms. Minutillo on the street after you left Wallace School? A No. Q Do you know how Ms. -- Ms. Minutillo left Wallace School? Did she walk? Did she drive? Did you notice? A Didn?t notice. Q When did you discover that you were charged with harassment by Ms. Minutillo from this date -- from the October 2 date. A When I got the notice a few days later. Q You got the notice in the mail? A In the mail. Yes. Q Since being charged with harassment by Ms. Minutillo, have you had occasion to read any articles about you and about the allegations of this complaint? A Yes. Q Okay. And tell me when you first saw the -when you saw the first article about this alleged incident? A After the first court date one of the local blogs had written a story on it. Q And when you say local blogs, what?s the name

of the blog? A Hoboken Horse. Q Do you know who is the founder or -A Roman Bryce (phonetic). Q -- the owner -MR. COVIELLO: Judge -THE COURT: I -- it?s really it?s irrelevant. MR. COVIELLO: What -- what -THE COURT: I don?t want to know that. MS. DI NARDO: Okay. Q Has there only -- have you only read one article about the allegations of this case? A Several. Q When you say several, how many? A More than ten. Q In some of these articles that you?ve read -strike that. Prior to being charged with harassment on October the 18th, 2011 -- just give me a moment. Strike that. I?m going to rephrase the question. In the articles that you read following the issuance of this complaint, were you characterized as a puppet of Beth Mason? A Yes. MR. COVIELLO: Judge -- okay. Judge, there?s no jury -- there?s no jury present. THE COURT: Right. MR. COVIELLO: But I don?t know if we have enough time for me to list the number of objections to that question -THE COURT: Yes. MR. COVIELLO: -- and the answer. THE COURT: I?ll allow that, but -MS. DI NARDO: Judge, it?s all very relevant, because -MR. COVIELLO: All right. MS. DI NARDO: -- the bottom -MR. COVIELLO: Then I?ll -THE COURT: That is a base because he knows these people. I don?t -- I don?t know -MR. COVIELLO: It?s hearsay. Who -- who -THE COURT: But I don?t -- I don?t -MR. COVIELLO: -- these people are. MS. DI NARDO: Well, here?s the thing. THE WITNESS: She said from here. MS. DI NARDO: The allegation -- shhh. There?s no question for this witness. THE COURT: I understand this -- this is all political. MS. DI NARDO: Yes.

THE COURT: I understand that. MS. DI NARDO: Okay. All right. THE COURT: I understand it?s all political. MS. DI NARDO: Okay. THE COURT: That?s the -- I?m not going to say anything. MS. DI NARDO: All right. I understand. I understand your point, your Honor. THE COURT: Okay. MS. DI NARDO: Then I have nothing further. THE COURT: All right. Cross? CROSS EXAMINATION BY MR. COVIELLO: Q Mr. Calicchio, October 18th, 2011, you were -- you were present in court when Ms. Garcia testified, correct? A Correct. Q And I believe she testified along the lines that she would call you when she felt that she couldn?t find parking, and that you would accompany her to -- to Wallace School. Is that -A Correct. Q -- not correct? And as a general statement is that accurate? A Correct. Q Okay. Now October 18th, 2011, you testified that when you saw Ms. Minutillo you were -- we -- you were near the playground. Is that correct? A Correct. Q Where was Ms. Garcia -A Right next to me. Q -- if you recall? Right next to you? A Yeah. Q Okay. And when you first saw Ms. Minutillo -- Minutillo, where was she? A I saw her coming out of the building. Q Out of the building. You did not see her enter the building? A No. Q And when you saw her exit the building what did you -- what -- where did you see her go? Where did you see her go? A She came walking in my direction. Q Well, okay. Now you need to explain to the Court if you can how you get from the building to the street -A Come -Q -- let?s say. A Come out of the building -Q Uh-huh.

-- and you make a right. Q And is that where the playground is? A Yes. Q Okay. So spite (sic) -- of necessity she you would have to pass you in order to get to the street. A To get to the corner. Yes. Q To get to the corner. A Yes. Q Okay. And did she in fact walk right past you? A I had -- I had my back -- I eventually turned my back towards her. Q Okay. You never made eye contact with each other? A No. Q So when -- when she came out of the building, you didn?t make eye contact with her? A No. Q And then you turned your head -- or you turned -- you turned. A Yeah. Q And of necessity she would have had to walk past you to get to the corner, correct? A Yes. Q Did you ever see where she went -- where she went again that afternoon? A No. Q So did there come a point in time where you returned to -- with Ms. Garcia and her son to the car? A Yes. Q Okay. And by that point in time Ms. Minutillo -- Minutillo was gone. A Was nowhere in sight. Q Okay. Just to make sure that there?s no misunderstanding. You work for or volunteer for the Mason Civic -- Mason Family Civic League, correct? A Correct. Q And is it -- is it fair to say that Ms. Minutillo is on the other side of the political fence? A Yes. MR. COVIELLO: Okay. I have nothing further, Judge. REDIRECT EXAMINATION BY MS. DI NARDO: Q When Ms. Minutillo walked past you to get to the corner of -- by the school, were there other people -A Yes. Q -- close by? MR. COVIELLO: I have nothing further.

THE COURT: You are excused. THE WITNESS: Thank you. THE COURT: You?re welcome. (Witness excused.) MS. DI NARDO: Judge, I have no further witnesses. THE COURT: All right. Want to come up? Commit -- come up? MS. DI NARDO: Judge, I would essentially renew my argument from earlier with regard to the allegations that the State has failed to prove beyond a reasonable doubt that my client harassed Ms. Minutillo on October the 18th of 2011 outside of Wallace School. As your Honor has already stated, you?re very much well aware that this is a political case, that there?s some political motivation here. One of the things that your Honor would have to find, and if you believe that the communication did take place, was that there was a purpose to harass. My client said he didn?t even speak to Ms. Minutillo. Yes, she walked by. However, there were other people who were outside as well. There were kids. There were parents. It was not unusual for him to be at Wallace School to pick up Ms. Garcia?s son. They?re friends. She would take him along to pick up her son. Clearly I would submit to your Honor that this is motivated simply by politics in that you?ve heard testimony that they?re all not on the same team, and it?s -- it?s unfortunate that we are here in court with my client who?s being charged with a disorderly person?s offense for conduct that he did not engage in. He?s testified that he doesn?t even talk at the board of ed meetings but his brother does. His brother has a four-year-old son in the school system, and does speak at the public sessions. Mr. Calicchio has acknowledged that he did not follow Ms. Minutillo down the street. In fact, when she walked by she walked by. Clearly, Judge, my client on that particular day had no purpose to harass Ms. Minutillo. Has had no contact with her since that time. Has absent -- absence (sic) himself from board of ed meetings, from going to Wallace School. I think your Honor would understand anything that he would have been advised to do by his counsel. Clearly this complaint was filed strictly for political purposes. My client?s acknowledged there?s been numerous articles about it -- about this case -- about the allegations of this case. If it

wasn?t for the alleged players in this case, Judge, this would not be something that?s even newsworthy. And it?s unfortunate. So I submit to your Honor that the State has failed to prove beyond a reasonable doubt that my client engaged in conduct on October the 18th which is of a harassing nature. In fact, that he?s denied engaging in any conduct. Ms. Garcia has acknowledged that he didn?t say anything. She didn?t even see Ms. Minutillo. And I submit to you Ms. Garcia is an independent witness. Doesn?t even attend a board of ed meeting. She doesn?t seem to have any interest in any of this stuff. Her own uncle is a member of the board of ed, and she doesn?t have any interest in these kinds of things. She?s here simply to testify for her friend and because she was present at this time. So I would submit to your Honor that you render a judgment of not guilty on behalf of Mr. Calicchio. THE COURT: Mr. Coviello? MR. COVIELLO: I would agree with counsel for the defendant, Judge, if -- on much of what she said if in fact Mr. Minutillo would have -- Mr. Calicchio would have acknowledged that something happened that day, and then maybe we could chalk this all up to politics. Okay. The problem is, Judge, we?ve got two absolutely, completely different versions of what happened that day. It?s not like a car -- a car -- a careless driving red light ticket, where the officer believes that the defendant went through the red light, and the defendant said, no. I did go through the -that intersection but the light was yellow changing to red. So there?s a different version, different view as to the same set of facts. But in this instance, Judge, the Court is left with an extremely difficult decision. Not simply whether or not the defendant is guilty or not, but somebody here is lying. This is not -- this is a question of, well, you know, yeah, I said something to her but it was just in the heat of politics. This is something, Judge, that because of politics there are people who took the stand today and lied. Now what -- unfortunately because it?s -- what?s -- that the job the Court has is the Court has to make that difficult decision as to why would the -- somebody lie when they took the stand and swear to tell the truth. Okay.

Let?s look at Ms. Garcia. Ms. Garcia testified that she doesn?t really know Ms. Minutillo very well. She only met her three or four -approximately four times prior to this incident. And then she didn?t really see her that day. But she knows that Mr. Calicchio did not say anything to Ms. Minutillo. Now we know that her uncle is a member of the board of education. But she doesn?t speak to her uncle even though he?s on the other side of the fence. Well, wait a second. That?s Ms. Mason. And she works -first of all -- first she says she works for Ms. Mason from the beginning of this year on. And then on redirect she acknowledged to defense counsel that, well, you know, it wasn?t really from the first of the year. I was a volunteer prior to that. Okay. So -- as -- where does the truth -- subtle truth begin, and where do they end. Right? She?s clearly a political player in this as well, in addition to a friend of the defendant. Now despite the Court?s admonition that you don?t have to take the stand, he chose to do so. And he acknowledges that I don?t speak at meetings at all. I have a twin. He speaks at meetings. Interesting that the twin?s not here to say, well, there might have been a mistake. There may have been an identity question as to this person who is argumentative and -and otherwise at these meetings was not me, Judge. It was my brother. But he didn?t come here to testify even on his own brother?s behalf. And then we have the defendant saying that, yes, I was there, but when I saw Ms. Minutillo I turned my back and that?s the last I saw of her. But Ms. Minutillo states that, no, not only was it that gentleman, not his twin brother, but it was he who approached me, followed me and my five-year-old daughter, and said these things to me in a manner that caused me to be fearful for not only myself, but my daughter. If the Court believes Ms. Minutillo, then the State has clearly proven its case beyond a reasonable doubt. There has been no denial of that legal aspect by the defense except to say that this is just politics. Ms. Minutillo stated that. If this -- this has happened in the board of education. Did she ever file -- or board meetings I should say. Has she filed any complaints against the individuals who conducted themselves in these -- no. The Court recognizes it. We also recognize that this is dirty Hudson County

politics. But does it have to be brought to Wallace Grammar School in Hoboken where all Ms. Minutillo was doing was picking up her five-year-old daughter? Does it really need to be brought to that point? Well, defense said but nothing happened. If the Court believes Ms. Minutillo lied to the police and lied when she filed this complaint, then I -- I insist that the Court find him not guilty. The Court has to make that tough decision, and I do not envy the Court?s efforts in this regard. But it was absolutely -- there was no reason that someone who would not file complaints against anybody who has conducted themselves in this manner in these meetings, and yet would do it at a -- a -- at the grammar school to someone who doesn?t get up at these meetings, had no intention or desire to run himself for the board, why would Ms. Minutillo fabricate this incident? What is the reason for her doing so? Judge, I just -- I just don?t see it. I ask the Court to find that it was in fact Ms. Minutillo who was stating the truth in this regard, understanding that, yes, this is tainted all by politics. But it was she who was telling the truth. It was she who was concerned about her safety and her daughter?s safety. And I ask the Court respectfully to find Mr. Calicchio guilty of harassment. THE COURT: Like most every political case the core is worse than the incident. I -- I am really taken aback by -- by the testimony of Ms. -- Ms. Garcia. It?s completely incredible. I do not believe one word of what she told me. I -- I -- I believe that if instead of reading the blogs, I think if you?re going to bring somebody to court to testify on your behalf you should at least get your stories together. Ms. -- Ms. Garcia testified that they both went inside the school to retrieve the child, her child, that she was together with Mr. Calicchio every minute that she was there on the 18th. And -- and then -- and then she doesn?t see the complainant? She doesn?t -- if she -- she -- she said I never saw this -- the complainant that day in Wallace School. Not credible. Not credible. I -- I also find the testimony of -- of the complainant (sic) not credible at all either. I -- I -- once -- once the testimony is based on -- on not -not the truth, but something created by -- by -- by whatever reason. Then whatever follows is not credible to me. I -- as a matter of fact when we started the --

the trial, you know what I mean, I -- I was this close to granting motion of defendant -- defendant. But when you take all of the pieces together, I -- I -- I believe beyond a reasonable doubt that on the 18th of October the defendant was in the -- in the -- in the playgrounds of Wallace Street (sic). That the complainant walked by him. That the second time the complainant walked by the defendant the defendant told her ?I will get you. I?m coming after you. April is around the corner.? I think that -- I -- I believe that beyond a reasonable doubt. I -- I also believe that the whole testimony of Ms. -- Ms. Garcia and Mr. Calicchio -Calicchio were fabricated. It -- it is unreasonable to believe that two individuals can take off from work anytime they want to pick up a child. Two people. At a serious political job, and I understand this is Hudson County. But that?s beyond what I?d -- what I think political jobs are. Anytime they wish to make -- that she could walk into that job any time she wanted to according to her testimony. Afternoons, mornings. And -- and really evasive. The defendant was asked, you know, what did he do for -- at his job. He said I work for Gallery 400 (sic). What is it, that they -- they -every time they have a -- a board of education meeting you have to attend? I believe the -- the -- the defendant is 23 years old, right? MS. DI NARDO: Yes. THE COURT: How many 23-year-old individuals go to monthly board of education meetings? That is your job to go to the board of education meeting. That is -- that is how you got from being a volunteer to -to -- to working full time in -- in -- in -- in Hoboken someplace and getting a salary. By working for somebody. That?s how Ms. Garcia got her job. Probably because her uncle is a board of education member. But -- but then -- see, the problem then is not only you and Ms. Garcia, and the uncle, and everybody that?s involved in politics in Hudson County probably is -- is guilty of something like that. I -- also you have to take into consideration that Ms. Minutillo should have known what she was getting into when she ran for the board of education in Hoboken. I don?t believe that she was -- she was unaware of what she was stepping into. Because they -they -- they -- all you have to do is read the papers or go to one meeting.

And I -- and I understand a lot of people tell that they are running for something because of the civic duty and they want to correct the system, but after -- after you?re there for one year you should have -- you should have known that you -- your vote alone wasn?t going to change anything. And it?s probably not going to change anything in the future. So people really have the power of being in the board of education, and I -- I -- once again I want to say for the record, I -- I -- I -- I believe that this man said that to Ms. Minutillo on the 18th of October. But she also said to the Court that he -- her concern was her child. She also told the Court that she had been confronted by people before that. It goes with the job. We live in a -- we live in a -- in -- in -in a time that people even -- even elected officials, even the governor of this state, will -- will -- will call people names in public. Offensive names in public. We -- we live in a country where -- where -where a member of congress screamed to the president of this country, liar. I -- I -- I would have charged that man with something and put him in jail immediately. I don?t -- I don?t know what people confuse being -- being dedicated with being fanatical. There?s a -- there?s a difference between dedicated to a cause and being fanatical. I -- I -- I -- I don?t see -it?s like baseball. The same, you know, we -- if we go to a ball game, a Yankee night, and now this weekend, you?re like, are you a Yankee fan and I?m a Met fan, and I have a hat that says Mets you?re going to beat me up. And that?s the way we -- some people think politics should be conducted. But it?s not that way. This is a democracy. I -- I -- hey, I can have any hat that I want on. If -- if -- if I?m a member of -- if I?m a judge or I could walk to -- I should be able to walk through Union City without people accosting me because of my job. Same way that -- that the complainant should be able to walk through Hoboken without anybody -- anybody bothering this woman. Now as to the allegations or the situation that -- that -- that it was politically motivated for this complainant to file a complaint against this defendant is completely garbage. He?s not a candidate. He is nobody in the political system of Hoboken. He might think he is. He?s being used in exchange for a job, but, you know, we see it all over this country.

My -- my -- my -- the toughest decision that I have to make is whether or not the words that he used on the 18th of October raise it to -- to the criminal level. The -- the -- the credibility I already explained into the record that I don?t believe Mr. -the defendant or Ms. Garcia. But now what did he say? He said to the complainant, I am coming after you in April. I am coming after -- after you. April is around the corner. It?s purely political. Now maybe because the defendant?s a big guy, and -- and -- and maybe the proximity of -- of -- of -- of the complainant and the defendant that day created this -- this fear. And I -and I think if -- if -- if -- if the complainant would have been by herself, it -- we wouldn?t be here. We wouldn?t be here. I was also concerned at the beginning why was the defendant in the schoolyard. I really don?t believe the -- the -- Ms. Garcia and him. She would tell, hey, listen, it?s 3:30. There be no park -- no parking there, or it?s four o?clock, or it?s 2:30 I don?t -- I don?t need you. I don?t believe that. But there?s nothing before me that will prove that he was there with the intent to intimidate the complainant. I -- I -- I take this job very seriously. And -- and we are nowadays bothered by the actions of people who do not conform with my values the way they talk, the way they behave, the way they listen to music, the way they dress. But I -- I cannot make a judgment against people using my values. The statute?s very clear. The statute calls for -- for communications made in court language doesn?t exist here. Any other manner likely to cause annoyance. Now if you are an elected official, and we see it every day. People want to -- people want to call you names. They do to each other, and we do -and -- and the public calls them names. I -- I believe that -- that -- that eventually it have a serious effect on people running for office. I wouldn?t run for office if you pay me. Why would I be in the ShopRite in -- in -- in Hoboken and somebody approach me about a decision that I made about the school hours being cut to two o?clock. I may have to face a person like that. I -- I -- I find that Mr. Calicchio uttered those words that day, but I find that those words do not rise to the criminal intent of harassment. As a public officer, the -- the -- the standards -- you?re a public figure. As a public figure you have to expect

people to react to your -- to your position. And we live in a democracy where we can voice our -- our -our disgust, our other way of thinking to the other person. I -- I -- I personally, not as a judge, I -- I find it very disturbing, very uncivilized. Very -it?s like bullying somebody. It?s -- it?s -- it?s -it?s -- and it?s childish. Because you?re talking to the complainant in the street is not going to change her running or not running in April. It?s not going to do that. Maybe you think you?re that -- you?re that -you?re that persuasive, but you?re not. You?re just a fool that?s been used by -- by -- by whoever. And what I find really, really, really, really disturbing is that people lied in that, you know, after swearing that they would tell the truth. People lied. Openly lied, which is -- which is worse than -- than a harassment charge, you know. I would have -- I would have taken a charge of harassment better than somebody calling me a liar. And I find you not guilty, but I think you lied. Thank you very much. MR. COVIELLO: Thank you, Judge. THE DEFENDANT: Thank you, Judge. (Proceedings concluded)

CERTIFICATION I, Cathy E. Betz, the assigned transcriber, do hereby certify that the foregoing transcript of proceedings in the Union City Municipal Court, Hudson County, on June 7, 2012, on CD No. 6/7/12, Index Nos.

1:41:56 to 3:34:31, is prepared in full compliance with the current Transcript Format for Judicial Proceedings and is a true and accurate compressed transcript of the proceedings as recorded.

___________________________________ Cathy E. Betz, AOC #540 METRO TRANSCRIPT, L.L.C. Date: