newjerseyiscorrupt.com

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Summary

Though it appears that William Lamb retired from the Prosecutor’s Office, because this is a suspicious death/murder case, statutes of limitations do not apply to his breaking of the law.  This will be an albatross around his neck until the day he is no longer with us.

Dec 24, 2014:  It is reported by Charlie Kratovil that “On January 13, [2014,] State Senators on the Judiciary Committee narrowly approved Gov. Christie’s controversial nomination of Bruce Kaplan to become a Middlesex County Superior Court Judge.”

May 27, 2014:  We will begin writing the book now, since law enforcement, including the FBI, refuse to investigate New Jersey public servant corruption regarding this suspicious death case.

September 5, 2013:  The FBI office in Newark was contacted regarding this corruption.  We are pending a response from them at this time.  Brian J. Nadeau, Unit Chief of the Public Corruption Unit in the Washington, DC Field Office, said he forwarded our complaint to the Newark FBI Field Office for action.

July 2, 2013:  It is reported on line that Bruce Kaplan resigned on/about May 8, 2013, to take a position with the State Attorney General’s Office.  Kaplan is moving to the Division of Criminal Justice in Trenton.  Kaplan’s term as prosecutor for Middlesex County expired on January 14, 2013.  Kaplan is being replaced by Andrew C. Carey.  Carey, acting, was nominated by Gov. Chris Christie in March to replace Kaplan.

May 28, 2011:  In April 2011, we received a request from the Attorney General’s Office to send them correspondence relative to numerous letters sent to Gov. Christie regarding the appointment of a Special Prosecutor.  At Det. Davis’ direction (R&I), evidence in support of the criminal complaints was not/not provided at this time.

March 3, 2011: Though Judge Lawrence M. Lawson was proven to have violated Rules of the Court, among others, Judge Glenn A. Grant turned the other cheek and refused to respond to me, and refused to address the corruption under his nose.  Birds of a feather flock together.  For Judge Grant to respond in any other manner would mean a number of public officials would be investigated for corruption.  Now Judge Glenn A. Grant is part of the corruption.  Look for the new chapter on “The Courts” by the end of March.

February 7, 2011: Our response to Judge Lawson’s Opinion was mailed to Judges Lawrence M. Lawson, Glenn A. Grant, and Travis L. Francis today.  We also sent a copy of our response to Gov. Christie.  In addition to our analysis of Judge Lawson’s convoluted Opinion, we requested that a Special Prosecutor be appointed to conduct the investigation, as it is clear the Courts are unable to ensure a fair and impartial hearing wherein we are given the opportunity to present the evidence to support our charges.

January 25, 2011:  Without hearing the 60 other criminal complaints, Judge Lawson dismissed all of them.  In his opinion, received on January 23, 2011, he drew many false conclusions and defended all the defendants making a mockery of the probable cause hearing.  Judge Lawson refused to use the NJ State definition, in the law, for “autopsy”, and instead used a definition from Funk and Wagnalls and Blacks dictionary that suited his intended outcome, which was to refute virtually everything presented by us at the hearing.  His actions, including his animated antics behind the bench, are probably grounds for filing a criminal complaint of official misconduct against him, not to mention violations of his code of professional conduct.  A response is being prepared.

January 13, 2011:  Judge Lawson decided to hear only one of the 61 complaints on 1-11-11 and ended what turned out to be a non-probable cause hearing.  While the Court argued with virtually every statement we made, we were denied the opportunity to present any evidence in support of our statements, with the Court claiming this was not an “evidentiary probable cause hearing”.  We could not find anything in the Rules of the Court addressing the issue.  Judge Lawson is to provide us with a written opinion shortly.  The “Court” is now saying that four complaints not previously documented with the CDR1 or CDR2 will not be heard at all and that all of the “citizen complaints” initially filed by me on June 2, 2010 had to include all the evidence in support of the charges, something no other court told us and the filing court told us not/not to do.  We are as confused as ever as to why the Courts in NJ continue to act in this harassing and frivolous manner.  More to come.

December 27, 2010:  The probable cause hearing is set for January 11, 2011.  We understand the Court intends to hear all 61 criminal complaints in one day, though the Court will not confirm that.  When we asked in what order the complaints would be heard, we were told to consult the Rules of the Court.

October 23, 2010: On October 5, 2010, Judge De Vesa concluded that because of a “conflict of interest” the probable cause hearing previously scheduled in New Brunswick would be transferred to a different county.  A County of Middlesex Attorney (Benjamin D. Leibowitz, Esq.) representing “the County of Middlesex and its officials and employees” was present, and was permitted by Judge De Vesa to sit at the table with me for my hearing.  Interesting to note that the name of the person accused of the suspicious death of Joyce had only his first name on the letter/notice received from Middlesex County Superior Court–why can’t the Court get this straight?  It was reported in a telephone conversation  that the sworn affidavits previously reported as missing, have been located.  This continues the pattern of frivolous conduct and harassment, eh?  What would a reasonable person think?  I am pending notice of the probable cause hearing date and location.

October 7, 2010:  The letter I received from the Superior Court told me to report to 90 Paterson Street, in New Brunswick, for the scheduled Change of Venue hearing held on October 5, 2010, before Judge De Vesa.  The correct address of the Court House is 56 Paterson Street.  The change of venue hearing was held before Judge De Vesa on October 5, 2010, in the Superior Court, New Brunswick.  The outcome of the hearing will be published here as soon as it is received.  It was noted by Judge De Vesa that my sworn affidavits sent by the Monroe Twp. Municipal Court were missing from my 61 criminal complaints following receipt in the Superior Court, New Brunswick.  Superior Court personnel are looking for my sworn affidavits at this time.  The beat goes on in Middlesex County.

September 28, 2010: The probable cause hearing about to be scheduled before Judge DeVesa, as noted in the 9/20/10 update, has been canceled.  More to come.

September 20, 2010: Frivolous action?  Harassment?  Fair Hearing?  The probable cause hearing previously set for 10-5-10 in Monroe Twp. Municipal Court under Judge Boyd was canceled for a second time, citing the same rule previously cited by Judge Boyd in transferring the 61 criminal complaints to the AOC.  The Superior Court informed me today that a new probable cause hearing will be set for Superior Court, Middlesex County, shortly, under Judge Frederick P. DeVesa, date TBD.  Just cannot seem to get out of Middlesex County and avoid the appearance of bias, prejudice, and conflict of interest.

September 17, 2010: Sent to Judges Herman and Francis as noted below, a new probable cause hearing/review has been set.  Changing their minds again, Judges Herman and Francis will not/not decide probable cause, nor will they hear the complaints.  They assigned that responsibility to another judge, still in Middlesex County.  Here we go ’round in circles.  More to come.

September 9, 2010: I learned today that Judges Herman and Francis will soon be conducting a probable cause review on all 61 criminal complaints.  Judge Herman, you may recall, received the 61 criminal complaints from Sayreville Municipal Court, and passed them down to Judge Boyd, who passed them up to the AOC, who passed them back to Judge Herman.  The court believes they have the 61 criminal complaints in the right place this time.  I am told I should be hearing something from the court regarding the status of the criminal complaints fairly soon.  Yes, they are still in Middlesex County.  Yes, we are wary of Middlesex County ruling on criminal complaints against public servants in Middlesex County.  Time will tell.

August 27, 2010: On August 16, 2010, Judge George M. Boyd canceled the probable cause hearing scheduled for Aug 17, 2010, for jurisdictional reasons.  The 61 criminal complaints were transferred to the Administrative Office of the Courts for assignment to the proper jurisdictional level.  Court Administrators are thus far refusing to confirm they have all 61 criminal complaints.

July 28, 2010:  A probable cause hearing is set for August 17, 2010, at 9:30 a.m., in the Monroe Twp. Municipal Court, Judge George M. Boyd. presiding.

July 15, 2010 Update:  On July 14, 2010, we learned that the Sayreville Municipal Court transferred the signed criminal complaints up the chain to Judge Herman in Vicinage VIII, who subsequently transferred the criminal complaints down the chain to Judge George Boyd in Monroe Twp., still in Middlesex County.

July 2, 2010 Update:  Criminal complaints were filed against Bruce Kaplan and William Lamb on June 2, 2010, in Sayreville Municipal Court.

February 13, 2010 Update:  Following an ORDER issued by NJ Supreme Court Chief Justice Stuart Rabner, we are preparing individual criminal complaints against each of the public servants involved in this case.  Chief Justice Rabner stated that our filings should have been in a “trial court” and not in the Superior Court, Appellate Division, Middlesex County.  Why didn’t the Superior Court tell us that over three years ago?

PROSECUTORS OFFICE STEPS BACK

What better office to protect a conspiracy than the Prosecutor’s Office.  According to Deputy Attorney General Denise Holingsworth (one of Anne Milgram’s mouth-pieces), Prosecutor Kaplan waited 80 (yes eighty) days before he decided that he would not conduct an investigation of Joyce’s suspicious death; we suppose he went around the world in that time trying to make up his mind.  It is highly likely he knew the alleged murderer, professionally.  The NJ State Medical Examiner’s Act proscribed the actions required of Kaplan, actions which he knowingly and purposely chose to ignore, with the successful intent–to date–of protecting a fellow law enforcement officer.

Though directed by the ME’s Office on October 29, 2005, to begin the mandatory suspicious death investigation, Kaplan waited until the ME completed his suspicious death investigation in January 2006, to decide that he would not conduct his own investigation.  In deciding not to conduct his investigation, the SPD and the ME’s offices were free to make intentional and deliberate decisions that led to the alleged murderer being free without being Mirandized or otherwise investigated, even though Kaplan knew that the alleged murderer had previously been accused by one of Joyce’s daughters of physical, emtional, and mental abuse.

By these acts, Kaplan should be criminally charged with Official Misconduct, Pattern of Official Misconduct, Conspiracy, Hindering an Investigation, and Hindering Apprehension.  Read on for numerous and specific details.

CHAPTER IV

Criminal Allegations Against the Hon Bruce Kaplan,

Prosecutor for Middlesex County, N.J.

The Hon. Bruce Kaplan, Prosecutor, Middlesex County used his office with the intent to protect a fellow law enforcement colleague, by knowingly and purposely not initiating a mandatory investigation of a suspicious death reported to him on October 29, 2005.  The New Jersey State Medical Examiner Act 52:17 and the New Jersey Administrative Code 13:49, requires that the County Prosecutor conduct an investigation in all suspicious deaths reported by either the County Medical Examiner or local police, among others.  Mr. Kaplan knowingly and purposely failed to investigate a death reported as suspicious by the Middlesex County Medical Examiner, by the Sayreville Police Department, and by the brother and sister of the decedent.

Standard protocols for conducting death investigations were ignored by the Prosecutor for Middlesex County.  The Hon. Bruce Kaplan, Prosecutor, Middlesex County, New Jersey, ignored the law and refused to conduct the required investigation into the suspicious death of Joyce B. (Strouse) Sauter, a 61year old invalid confined to her home bed.  Such investigation is above, beyond, and in addition to investigations conducted by the Medical Examiner’s Office and the Sayreville Police, and is not subject to discretionary authority by Mr. Kaplan.

In addition to other reasons known only to Mr. Kaplan, Mr. Kaplan knowingly and purposely used his office to shield a fellow law enforcement officer accused of the suspicious death by not conducting the investigation.  William H. Strouse, brother of the decedent, initially reported the suspicious death to the NJ State Police, the South Amboy Police, and finally the Sayreville Police on October 29, 2005, claiming that Joyce’s caregiver, a former local police officer, murdered her through starvation, dehydration and/or over-medication.

As a result of Mr. Kaplan’s knowing and purposeful decision not to conduct the mandated investigation beginning immediately upon notification of a report of suspicious death, the body of the decedent was released to the alleged murderer, who within two days of her death, had her cremated before an autopsy could be conducted and the true cause of death determined.  Irreparable harm befell both Carolyn Ausley, sister of the decedent, and William H. Strouse, brother of the decedent, as a direct result of Mr. Kaplan’s deliberate, prejudicial, and unlawful actions.

Though Mr. Kaplan knew that the Sayreville Police Department and the County Medical Examiner’s Offices were conducting mandatory investigations regarding a suspicious death, and though Mr. Kaplan had been duly notified of a suspicious death and was required by law to conduct an investigation, he refused.

The following allegation was filed against Mr. Kaplan with the N.J. Governor’s Office and the N.J. Attorney General’s Office.  It is requested Mr. Kaplan be prosecuted to the fullest extent of any and all applicable laws, and professional codes of conduct that he may have also violated.  The authority for this complaint and these charges is found in the New Jersey Administrative Code 13:49 and the New Jersey Medical Examiner Act 52:17B.  New Jersey Criminal Code 2C violations may also include Official Misconduct, Pattern of Official Misconduct, and Hindering an Investigation.  Clearly Mr. Kaplan intentionally used the authority of his office to prevent the investigation from taking place.  The investigation has yet to be initiated.

Direct evidence was provided to the Office of the Attorney General with the intent that Mr. Kaplan and his office be held fully responsible and accountable for violations of these and any other laws that may be applicable.  The information was also provided to the U.S. Attorney’s Office in Newark, NJ, for investigation.  Please note that Deputy Attorney General Denise Hollingsworth reported that she interviewed and investigated Mr. Kaplan’s actions in this case and Ms. Hollingsworth concluded that the allegations made against Mr. Kaplan had no merit.  Interesting, Ms. Hollingsworth reported that it took Mr. Kaplan almost 80 days after he was directed by the Medical Examiner’s Office to decide he was not going to conduct an investigation of a suspicious death ( SEE H1, H2  ).  What Prosecutor worth his salt leaves a crime scene unprotected for 80 days?  Again, Ms. Hollingsworth did not interview either Carolyn or Bill as part of her investigation and review.  Here is another example in support of Pattern of Official Misconduct allegations against Ms. Hollingsworth.

REPORT OF A SUSPICIOUS DEATH WELL DOCUMENTED

 When a report of suspicious death is made, the County Prosecutor must conduct an investigation.  In this case, a report of a suspicious death was immediately made to the Middlesex County Prosecutor’s Office in accordance with New Jersey law, by the County Medical Examiner ( SEE 86  ). However, the Prosecutor knowingly and purposely refused to conduct the mandatory investigation.

Both the Medical Examiner Act (52:17B) and the New Jersey Administrative Code (13:49) require that an investigation be conducted in all cases of all human deaths under suspicious or unusual circumstances.  In the case that went before the SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, DOCKET NO. A-2765-06T5, it was alleged that Joyce B. (Strouse) Sauter died under suspicious circumstances ( SEE ).

The suspicious death was reported by William H. Strouse, brother of the decedent, to the NJ State Police, the South Amboy Police, and finally the Sayreville Police Department.  The Sayreville Police Department immediately reported their investigation of a HOSPICE DEATH/SUSPICIOUS DEATH ( See 192 ), to the Middlesex County Medical Examiner’s Office, who likewise immediately reported the investigation of a suspicious death to the Middlesex County Prosecutor’s Office, directing Kaplan to conduct the mandatory suspicious death investigation (SEE 25 ).

The Middlesex County Medical Examiner’s Office, in accordance with the ME Act, directed the County Prosecutor’s Office to conduct an investigation ( SEE  ).  Additionally, both Carolyn Ausley and Bill Strouse each reported the suspicious death of their sister to the Prosecutor for investigation ( SEE   ).  A reasonable person could conclude that Mr. Kaplan did not conduct the mandatory investigation of the alleged murderer because he knew the alleged murderer was a former police officer in a local department.  Though Kaplan learned that the alleged murderer was never Mirandized, he took no action to correct this obvious wrong.  What does that make Mr. Kaplan?  Kaplan used his office to shield the alleged murderer, a former police officer.

Based on this direct and relevant evidence, there is no doubt that appropriate officials considered the death suspicious and, all offices–except for the Prosecutor’s Office, initiated investigations of sorts required by N.J. laws.

 CAUSE OF DEATH INITIALLY LISTED AS “PENDING INVESTIGATION”

When initially reported by the caregiver of the decedent at around 1700 hours on October 29, 2005, the cause of death (recorded officially at 1813 hours) was determined to be a “hospice death”.  As required under the Medical Examiner Act, a routine report was required to be sent to the Prosecutor’s Office.

At about 8:30 p.m. that night, following Bill’s notification of his sister’s death by one of Joyce’s daughters, Bill immediately reported a suspicious death to the Sayreville Police.  Bill alleged that Joyce’s death was suspicious and caused by starvation, dehydration, or over-medication at the hands of the decedents caregiver.  At that point, Joyce’s death was re-classified as suspicious by the Sayreville Police Department and the Middlesex County Medical Examiner’s Office (  SEE    ).

Once classified as a suspicious death, the Medical Examiner Act required that an autopsy be conducted.  This is not a discretionary decision on the part of the Medical Examiner, but a requirement of law.  Per the law, once the autopsy was completed, the Prosecutor was to receive a copy of the autopsy report for his investigation.  However, the Medical Examiner purposely and knowingly chose not to conduct the mandatory autopsy and immediately released the body of the decedent to the alleged murderer right after the completion of an External Examination.  Mr. Kaplan knowingly and purposely chose not to followup with the Medical Examiner to determine why the mandatory autopsy was not completed thus making it impossible to determine the true manner and cause of death beyond a reasonable doubt.  Mr. Kaplan never questioned the Medical Examiner regarding the release of the decedent’s body to the alleged murderer, for cremation on November 1, 2005.

NEW JERSEY STATE MEDICAL EXAMINER ACT 52:17B

The New Jersey State Medical Examiner Act mandates that the County Prosecutor take certain actions when a report of suspicious death is received.  The Prosecutor has no discretionary authority to decline to conduct an investigation.  He cannot decide to not conduct an investigation reported by the Medical Examiner and/or the Police Department.

The following lays out the legal authority for the conduct of the Prosecutor’s mandatory investigation and provides the direct evidence in support of Mr. Kaplan’s knowingly and purposely deciding not to follow the law.

This section of the Act requires the Prosecutor to conduct an investigation in all reported cases of suspicious death.  Ref  letter “c.” just below.

52:17B-86. INVESTIGATION OF DEATHS; CAUSES

An investigation shall be conducted in the manner hereinafter described in the case of all human deaths from the following causes:

a. Violent deaths, whether apparently homicidal, suicidal or accidental, including but not limited to death due to thermal, chemical, electrical or radiation injury and deaths due to criminal abortion, whether apparently self-induced or not;

c. Deaths under suspicious or unusual circumstances;

The New Jersey Administrative Code  (13:49) also requires similar, non-discretionary actions be taken by the Prosecutor when cases of suspicious death are reported.

 13:49-5.1 Death investigations; conduct

(c) The duty medical examiner shall take complete charge of every body whose death is reported to the office, and shall not release it to the next of kin or authorized representative for burial or cremation until sufficient information has been accumulated, proper specimens and evidence have been collected as needed, and appropriate examinations have been conducted to establish the cause and manner of death and the identity of the decedent.

1. In cases of suspected criminal homicide, the medical examiner shall coordinate with the county Prosecutor or Attorney General the removal of the body from the scene of death and shall not order the removal of the body from said scene until such coordination has been accomplished.

(d) It shall be the responsibility of the physician medical examiner to require and obtain all pertinent information from the scene of violent, suspicious, unexpected, and unusual deaths, regardless of personal visitations, in every such death investigation conducted by the office, and to incorporate that information citing the source into the permanent records of the Office.

1. The physician medical examiner shall not refuse to inspect the scene when requested by the State Medical Examiner or by the county Prosecutor or assistant Prosecutor.

iv. Recovery of physical evidence from the scene of suspected criminal homicides shall be the responsibility of the Prosecutor.

(f) It shall be the responsibility of the medical examiner to obtain information from first hand witnesses whenever possible, taking the names of these sources and recording the information in a report filed with the office.

1. Police reports and other agency reports may supplement the medical examiner’s own investigation, and shall be obtained whenever necessary to complete the case interpretation.

2. Subsequent additional information shall be recorded with date and time and filed with the case record.

3. In criminal homicide investigations, witnesses and potential suspects shall be interviewed by law enforcement personnel, and the medical examiner shall coordinate with the Prosecutor to obtain the information that is required as part of the medical death investigation.

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

 1. Knowingly and purposely chose not to conduct the mandatory investigation (52:17B-86c.).

2.  Knowingly and purposely chose not to coordinate with the County Medical Examiner for the removal and safekeeping of the body of the decedent once notified that the death was suspicious; the body of the decedent was moved by the suspected murderer earlier in the evening to a private funeral home for cremation the next morning (13:49-5.1(c)1.).

3.  Knowingly and purposely chose not to direct the County Medical Examiner to inspect the alleged crime scene after the report of a suspicious death; based on the allegations made by William H. Strouse, it would be clear to the Medical Examiner what kinds of evidence needed to be obtained (13:49-5.1(c)1.iv).

4.  Knowingly and purposely chose not to recover physical evidence from the crime scene appropriate for the crime reported, such as nutrition directions, medication bottles or prescriptions; food appropriate for someone in the decedent’s condition.

5.  Knowingly and purposely chose not to interview witnesses such as Bill Strouse; Carolyn Ausley, Joyce’s daughters, friends, physicians, other family, among others.

6.  Knowingly and purposely chose not to Mirandize the person alleged to have murdered Joyce.

52:17B-87. Notification of county medical examiner and Prosecutor

Upon the death of any person from any of the causes mentioned in section 9 of this act [FN1] it shall be the duty of the physician in attendance, any law enforcement officer having knowledge of such death, the funeral director, or any other person present, to notify immediately the county medical examiner and the county Prosecutor of the county wherein the death occurred of the known facts concerning the time, place, manner and circumstances of such death. Immediately upon receipt of such notification, the said medical examiner or his deputy or assistant shall go to the dead body and take charge of the same. He shall fully investigate the essential facts concerning the medical causes of death and take the names and addresses of as many witnesses thereto as may be practicable to obtain, and, before leaving the premises shall reduce such facts, as he may deem necessary to writing and file the same in his office and which shall be made available to the county Prosecutor at his request. The police officer present at such investigation, or if no officer be present, then the medical examiner shall, in the absence of the next of kin of the deceased person, take possession of all property of value found on such person, make an exact inventory thereof on his report and deliver such property to the police department of the municipality wherein the death occurred, which shall surrender the same to the person entitled to its custody or possession. The medical examiner shall take possession of any objects or articles, which, in his opinion, may be useful in establishing the cause of death, and deliver them to the county Prosecutor.

[FN1] N.J.S.A. § 52:17B-86.

 NOTIFICATION OF SUSPICIOUS DEATH

WAS MADE BY APPROPRIATE PERSONNEL

             As previously noted (52:17B-86. Investigation of deaths; causes), a suspicious death was reported to the Middlesex County Prosecutor’s Office by the Middlesex County Medical Examiner’s Office and the Sayreville Police Department.  As previously noted (52:17B-86. Investigation of deaths; causes), the Middlesex County Medical Examiner’s Office directed the Middlesex County Prosecutor’s Office to conduct the mandatory investigation.  The Middlesex County Medical Examiner’s Office provided the County Prosecutor with the known facts concerning the time, place, manner and circumstances of such death.  All appropriate county offices were notified that a suspicious death occurred and that an investigation was mandatory.

Under this statute and this section, the Middlesex County Prosecutor’s Office is to receive from the Medical Examiner “the essential facts concerning the medical causes of death and take the names and addresses of as many witnesses thereto as may be practicable to obtain, and, before leaving the premises shall reduce such facts, as he may deem necessary to writing and file the same in his office….”  This same paragraph requires that this information   “…shall be made available to the county Prosecutor at his request.”  The Middlesex County Prosecutor knowingly and purposely violated this section of the Medical Examiner Act and did not request the Medical Examiner’s Office to provide this information.

Also required under this section, the County Prosecutor is to receive from the Medical Examiner “any objects or articles which, in his opinion, may be useful in establishing the cause of death, and deliver them to the county Prosecutor.” The Middlesex County Prosecutor knowingly and purposely violated this section of the Medical Examiner Act and did not pursue receipt of this information.

 HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

 1.  Though notified of a suspicious death by the County Medical Examiner, the County Prosecutor knowingly and purposely chose not to initiate the mandatory investigation into the suspicious death of Joyce B. (Strouse) Sauter.

2.  Knowingly and purposely chose not to obtain from the County Medical Examiner any information regarding the cause of death obtained from the scene, including names and addresses of witnesses or family members who may have information regarding the suspicious death.  In this case, such names would have included Joyce’s daughters and or their spouses, physicians who treated Joyce, and Carolyn Ausley and Bill Strouse, among others.

3.  Knowingly and purposely chose not to obtain any information from the Medical Examiner about the alleged murderer, the caregiver, who Kaplan knew to be a former police officer.

4.  Knowingly and purposely chose not to obtain any and all evidence from the Medical Examiner, which he may have found useful in establishing the cause of death.

52:17B-88. Findings; report; autopsy; conclusions; copy to closest surviving relative; transportation of body

If the cause of such death shall be established beyond a reasonable doubt, the county medical examiner shall reduce his findings to writing and promptly make a full report thereof to the State Medical Examiner and to the county Prosecutor on forms to be prescribed by the State Medical Examiner for such purpose. If, however, in the opinion of the county medical examiner, the State Medical Examiner, an assignment judge of the Superior Court, the county Prosecutor or the Attorney General, an autopsy is necessary, or if, in cases where the suspected cause of death of a child under one year of age is sudden infant death syndrome or the child is between one and three years of age and the death is sudden and unexpected, and an investigation has been conducted under the provisions of section 9 of P.L.1967, c. 234 (C.52:17B-86), and the parent, parents or legal guardian of the child request an autopsy, the same shall be performed, by

(1) the State Medical Examiner, or an assistant designated by him or by

(2) the county medical examiner or a deputy or assistant county medical examiner provided either has the recognized training or experience in forensic pathology or by

(3) . . . such competent forensic pathologists as may be authorized by the State Medical Examiner; . . .  A detailed description of the findings written during the progress of such autopsy and the conclusions drawn therefrom shall thereupon be filed in the offices of the State Medical Examiner, the county medical examiner and the county Prosecutor. The county medical examiner shall make available a copy of these findings and conclusions to the closest surviving relative of the decedent within 90 days of the receipt of a request therefor, unless the death is under active investigation by a law enforcement agency. It shall be the duty of any county medical examiner to call upon the State Medical Examiner or an assistant State medical examiner, or other person authorized and designated by the State Medical Examiner, to make an  examination or perform an autopsy whenever he deems it necessary or desirable, and it shall be the duty of the State Medical Examiner or assistant State medical examiner to perform such examination, except in such cases as a competent pathologist is so authorized by the State Medical Examiner to perform such autopsy.

 CAUSE OF DEATH INITIALLY LISTED

AS ‘PENDING INVESTIGATION’

             When Joyce’s death was initially noted by her care provider at around 1700 hours on October 29, 2005, the cause of death (recorded officially at 1813 hours) was determined to be a hospice death.  As required under the Medical Examiner Act, a routine report was required to be sent to the Prosecutor’s Office.

About 2 ½ hours later (approximately 8:30 P.M.), following Bill Strouse’s notification of his sister’s death by one of Joyce’s daughters, Bill immediately reported a suspicious death to the Sayreville Police.  Bill alleged Joyce’s death was suspicious and caused by starvation or over-medication at the hands of the decedent’s caregiver.  At that point, Joyce’s death was re-classified as suspicious by the Sayreville Police Department and the Middlesex County Medical Examiner’s Office.

Once classified as a suspicious death, the Medical Examiner Act required that an autopsy be completed.  This is not a discretionary decision on the part of the Medical Examiner, but a requirement of the law.  Per the law, once the autopsy was completed, the Prosecutor was to receive a copy of the report for his investigation.  However, the mandatory autopsy was not completed by the Medical Examiner’s Office and the body of the decedent was released for cremation to the alleged murderer.  The Middlesex County Prosecutor knowingly and purposely never followed up with the Medical Examiner to determine why the mandatory autopsy was not completed regarding this report of a suspicious death.  The Middlesex County Prosecutor knowingly and purposely then permitted the decedent’s body to be released by Dr. Frederick J. DiCarlo, the responsible County Medical Examiner, to the alleged murderer, for immediate cremation on November 1, 2005.

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

1.  Upon learning that the cause of death of Joyce B. (Strouse) Sauter was no longer certain beyond a reasonable doubt, the Prosecutor knowingly and purposely chose not to obtain a copy of the full report of the Medical Examiner regarding the suspicious death.

2.  Knowingly and purposely chose not to receive a copy of the autopsy report from the Medical Examiner as part of the Prosecutor’s ongoing investigation required by law, either immediately after completion or not to exceed the 90 days permitted in the law.

3. Knowingly and purposely chose not to ensure the decedent’s body was immediately secured for autopsy so as to determine the cause and manner of death beyond a reasonable doubt.

 

52:17B-90. Co-operation in investigation and autopsy

All law enforcement officers, county Prosecutors, and other officials shall co-operate fully with the offices of the State Medical Examiner and of the county medical examiners in making the investigations and conducting the autopsies herein provided.  Such officials and all physicians, funeral directors, embalmers and other persons shall assist in making dead bodies and related evidence available to such medical examiners for investigations and autopsies.  In cases of apparent homicide or suicide, or of accidental death the cause of which is obscure, the scene of the event shall not be disturbed until authorization by the medical examiner in charge is given.

Any physician, funeral director, embalmer or other person who willfully fails to comply with this section or with section 10 shall be guilty of a misdemeanor.

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

 1.  Knowingly and purposely chose not to cooperate with the offices of the State Medical Examiner and the County Medical Examiner.

2.  Following a report of a suspicious death, in which the cause of death was obscure, Kaplan knowingly and purposely chose not to secure the scene of the event, and failed to prevent it from being disturbed until authorization was given by the Medical Examiner.

3.  Knowingly and purposely chose not to conduct the required investigations.

4.  Knowingly and purposely chose not to insure that the mandatory autopsy was completed as required.

5.  Knowingly and purposely chose not to follow-up on determining why the mandatory autopsy was not completed as required by law.

6.  As noted in the last paragraph, because he knowingly and purposely failed to comply with the section, the Prosecutor should be charged with a misdemeanor, at a minimum.

7.  Mr. Kaplan should also be charged with Official Misconduct and Pattern of Official Misconduct, among others.

52.17B-92. Records of medical examiners, use as evidence, right to copies

It shall be the duty of the State Medical Examiner, and the county medical examiners, to keep full and complete records in their respective offices, properly indexed, giving the name, if known, of every such person, the place where the body was found, date and cause of death, and all other available information relating thereto.  The original report of the State Medical Examiner, assistant State medical examiners, or county medical examiners, and the detailed findings of the autopsy, if any, shall be attached to the record of each case.  The State Medical Examiner, or in case of his absence or inability, an assistant State medical examiner, and the county medical examiners, shall promptly deliver to the county Prosecutor of the county wherein the death occurred copies of all records relating to every death in which, in the judgment of such medical examiner, further investigation may be deemed advisable.  The county Prosecutor may obtain from the office of the State Medical Examiner, or of the county medical examiners, as the case may be copies of such records or other information, which he may deem necessary.  The records of the office of the State Medical Examiner, and of the county medical examiners, made by themselves or by anyone under their direction or supervision, or transcripts thereof certified by such medical examiner, shall be received as competent evidence in any court in this State of the matters and facts therein contained.  A reasonable fee may be charged to private persons for copies of such records and upon such conditions as may be prescribed by the State Medical Examiner; provided, however, that no person with a proper interest in such records shall be denied access thereto.  The records which shall be admissible as evidence under this section shall be records of the results of views and examinations of or autopsies upon the bodies of deceased persons such by medical examiner, or by anyone under his direct supervision or control, and shall not include statements made by witnesses or other persons.

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

 1.  Knowingly and purposely chose not to obtain the detailed records noted above from the County Medical Examiner for use in conducting his mandatory investigation.

2.  Knowingly and purposely failed to ask the medical examiner for the records he knew the medical examiner was required to prepare regarding the suspicious death investigation, so as to aid him in his own investigation.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 49. STATE MEDICAL EXAMINER

SUBCHAPTER 1. AUTOPSIES

 13:49-1.1 Mandatory autopsies

(a) In the absence of an objection based on the religious beliefs of the decedent, autopsies shall be performed in all cases of human death occurring in the following circumstances; however, the autopsy should be the least intrusive procedure consistent with proper forensic practice (as defined in N.J.A.C. 13:49-1.8) and the duty to preserve organs for transplant:

 

1. All cases of apparent homicidal deaths;

2. All deaths occurring under suspicious or unusual circumstances;

6. In all cases wherein the State Medical Examiner, the Attorney General, any assignment judge of the Superior Court, or the county Prosecutor (of the county wherein the injury occurred or where the decedent expired) requests an autopsy;

As documented earlier, a suspicious death was reported by appropriate county authorities to Mr. Kaplan’s Office.  The County Prosecutor was notified of the need to conduct a mandatory investigation into the suspicious death of Joyce B. (Strouse) Sauter by the County Medical Examiner.  Additionally, the Prosecutor had a responsibility to ensure that an autopsy was conducted on the decedent so as to establish the cause of death, as part of his mandated investigation.

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

 1.  Knowingly and purposely chose not to ensure that an autopsy was conducted by the Medical Examiner’s Office, thus permitting the destruction of physical evidence (the decedent’s body) that could be used in the investigatory process to help determine the cause of death.

2.  The Middlesex County Prosecutor knowingly and purposely chose not to ensure that the body of the decedent was preserved until all mandatory testing, exams, and autopsy was complete.

3.  The Middlesex County Prosecutor knowingly and purposely permitted the body of the decedent to be released to the person alleged to have murdered Joyce; immediately Joyce’s body was cremated by the alleged murderer.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 49. STATE MEDICAL EXAMINER

SUBCHAPTER 3. REPORTS AND RECORDS

13:49-3.3 Filing of Reports

(a) It shall be the responsibility of the county medical examiner and the State Medical Examiner to maintain on permanent file, full and complete records of every death investigation conducted by their respective offices, indexed by date of report of death, name of decedent, and sequential case number.

(b) The standard “Report of Investigation by Medical Examiner” shall be filed in the office within one working day on every death reported to the county medical examiner’s office.

1. These reports shall be forwarded to the State Medical Examiner and the county Prosecutor twice monthly on the first and 15th day of the month.

2. The medical examiner on duty shall personally sign the Report of Investigation by Medical Examiner and shall be responsible for the information therein contained.

(c) It shall be the responsibility of the physician who performs a medical examiner autopsy to write, dictate, or otherwise record a detailed description of the observations and findings resulting from the necroscopic dissection and examination within 24 hours of the completion of the dissection, and to make this available to a typist for transcription within two working days following the dissection. Each page of every autopsy shall include the decedent’s name and identifying county medical examiner case number.

(d) The description and report of gross autopsy findings shall be completed, signed by the physician, and delivered to the county Prosecutor and the State Medical Examiner within 30 days of completion of gross dissection.

(e) The county medical examiners shall be responsible to provide all administrative reports and data requested by the State Medical Examiner.

(f) It shall be the responsibility of the county medical examiners and the State Medical Examiner to maintain sufficient clerical and administrative personnel to prepare the required investigative, technical, and administrative reports in a timely manner; and to maintain the public records in an orderly acceptable fashion.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 49. STATE MEDICAL EXAMINER

SUBCHAPTER 3. REPORTS AND RECORDS

(g) All original signed documents to include the Report of Investigation by Medical Examiner, supplemental investigative reports, autopsy reports and amendments thereto, shall be maintained a minimum of five years as paper documents and on microfilm permanently thereafter. Any photographing, microphotographing and microfilming shall be in accord with N.J.S.A. 47:3- 26. 

HON BRUCE KAPLAN FAILED TO TAKE THE

MANDATORY ACTIONS AS FOLLOWS

1.  Knowingly and purposely chose not to follow-up when the County Medical Examiner did not send him copies of required investigative reports on November 1, 2005, or November 15, 2005, and twice per month thereafter, per the law, until such time as the investigation was complete.

2.  Knowingly and purposely chose not to inquire about or follow-up with the County Medical Examiner regarding the description and report of gross autopsy findings completed and signed by the Medical Examiner’s Office as part of their investigation into the suspicious death.

3.  Knowingly and purposely chose not to confirm that an autopsy was completed as required by law.

NEW JERSEY ADMINISTRATIVE CODE

TITLE 13. LAW AND PUBLIC SAFETY

CHAPTER 49. STATE MEDICAL EXAMINER

SUBCHAPTER 4. MORGUES AND LABORATORIES

Current through May 16, 2005; 37 N.J. Reg. No. 10

13:49-4.1 Morgue storage; facilities

(b) The county medical examiner shall be responsible for maintaining a regular and continuous access to facilities for the examination, dissection, and storage of dead bodies under investigation, and for such histologic, radiographic, toxicologic, microbiologic, dental, photographic, and anthropologic examinations, and other studies as may be required to establish and document the cause and manner of death, to establish the identity of the deceased, or to further the investigation of events contributing to the death. 

HON BRUCE KAPLAN FAILED TO TAKE THE MANDATORY ACTIONS AS FOLLOW

1.  Knowingly and purposely chose not to ensure that the decedent’s body, physical evidence in the case, was properly stored in the County Morgue, for the purposes noted in (b).

SUMMARY OF FAILURES OF THE HON BRUCE KAPLAN

1.      Knowingly and purposely chose not to conduct the mandatory investigation of a suspicious death.

2.  Knowingly and purposely chose not to coordinate with the County Medical Examiner for the removal and safekeeping of the body of the decedent once notified that the death was suspicious; the body of the decedent was moved by the suspected killer earlier in the evening to a private funeral home for cremation the next morning.

3.  Knowingly and purposely chose not to direct the County Medical Examiner to inspect the alleged crime scene after the report of a suspicious death; based on the allegations made by William H. Strouse, it would be clear to the Medical Examiner what kinds of evidence needed to be obtained.

4.  Knowingly and purposely chose not to recover physical evidence from the crime scene appropriate for the crime reported, such as nutrition directions, medication bottles or prescriptions; food appropriate for someone in the decedent’s condition, and so on.

5.  Knowingly and purposely chose not to interview witnesses such as Joyce’s daughters, William H. Strouse and Carolyn Ausley, among others.

6.  Knowingly and purposely chose not to interview or Mirandize the person alleged to have murdered Joyce.

7.  Though notified of a suspicious death by the County Medical Examiner, the County Prosecutor knowingly and purposely chose not to initiate the mandated investigation into the suspicious death of Joyce B. (Strouse) Sauter.

8.  Knowingly and purposely chose not to obtain from the County Medical Examiner any information regarding the cause or manner of death obtained from the scene, including names and addresses of witnesses or family members who may have information regarding the suspicious death.  In this case, such names would have included Joyce’s daughters, Carolyn Ausley, and William H. Strouse.

9.  Knowingly and purposely chose not to obtain any information from the Medical Examiner about the alleged suspect or target of the crime, Joyce’s care provider, who is also a former police officer in Middlesex County.

10.  Though learning that the cause of death of Joyce B. (Strouse) Sauter was no longer certain beyond a reasonable doubt, the Prosecutor knowingly and purposely chose not to obtain a copy of the full report of the Medical Examiner regarding the suspicious death.

11.  Knowingly and purposely chose not to receive a copy of the autopsy report from the Medical Examiner as part of the Prosecutor’s ongoing investigation required by law, either immediately after completion or not to exceed the 90 days permitted in the law.

12.  Knowingly and purposely chose not to cooperate with the offices of the State Medical Examiner and the County Medical Examiner.

13.  Following a report of a suspicious death, in which the cause of death was obscure, Kaplan knowingly and purposely chose not to secure the scene of the event, and failed to prevent it from being disturbed until authorization was given by the Medical Examiner.

14.  Knowingly and purposely chose not to conduct the required investigations.

15.  Knowingly and purposely chose not to insure that the mandatory autopsy was completed as required.

16.  Knowingly and purposely chose not to follow-up on determining why the mandatory autopsy was not completed as required by law.

17.  Knowingly and purposely chose not to obtain the detailed records noted above from the County Medical Examiner for use in conducting his mandatory investigation; knowingly and purposely failed to ask the medical examiner for the records he knew the medical examiner was required to prepare regarding the suspicious death investigation.

18.  Knowingly and purposely chose not to ensure that an autopsy was conducted by the Medical Examiner’s Office, thus permitting the destruction of physical evidence (the decedent’s body) that could be used in the investigatory process to help determine the cause and manner of death.

19. Knowingly and purposely chose not to follow-up when the County Medical Examiner did not send him copies of required investigative reports on November 1, 2005, or November 15, 2005, and twice per month thereafter, per the law, until such time as the investigation was complete.

20. Knowingly and purposely chose not to inquire about or follow-up with the County Medical Examiner regarding the description and report of gross autopsy findings completed and signed by the Medical Examiner’s Office as part of their investigation into the suspicious death.

21. Knowingly and purposely chose not to ensure that the decedent’s body, physical evidence in the case, was properly stored in the County Morgue, for evidentiary purposes.

22.  Knowingly and purposely chose not to obtain any and all evidence from the Medical Examiner that could have been useful in establishing the cause of death.

23  Knowingly and purposely chose not to file in the Prosecutor’s case files the detailed descriptions of the autopsy made by the Medical Examiner.

IRREPARABLE HARM

Irreparable harm was caused to the siblings (Carolyn Ausley and William H. Strouse) of the decedent, Joyce B. (Strouse) Sauter.  Because Mr. Kaplan failed to properly carry out the sworn duties and responsibilities of his office, and in particular when he returned the primary physical evidence (the body of the decedent) to the alleged murderer for immediate cremation, he forever precluded the siblings from forever knowing the cause and manner of Joyce’s death beyond a reasonable doubt (there are three separate certificates of death for Joyce).  There is no closure for Carolyn and Bill, and other family members, including Joyce’s daughters.

Additionally, because Mr. Kaplan chose not to carry out his sworn duties as a public servant and chose instead to protect a former police officer, Carolyn Ausley and Bill Strouse had to initiate litigation in the Superior Court of New Jersey, Appellate Division, for almost two years and at a personal cost of almost $15,000.  This litigation was necessary to obtain the four specimens taken from the body of the decedent during an external examination, for additional testing at their own expense.  This litigation was necessary because the alleged murderer, a former police officer, who was shielded by Mr. Kaplan, did not want Carolyn Ausley and Bill Strouse to obtain custody of the specimens.  Motions for attorney fees were denied by the Superior Court.  The litigation in this case continues well into 2009.

MATERIALITY

Mr. Kaplan’s knowing and purposeful decision to not conduct the mandatory investigation into the suspicious death of Joyce B. (Strouse) Sauter was material to the case in terms of helping to establish the cause of death of the decedent beyond a reasonable doubt.  His failure to protect the most significant physical evidence-the  decedent’s body-in addition to all the evidence at the crime scene, goes directly to his shielding the alleged murderer as part of the blue wall.

Mr. Kaplan’s knowing and purposeful decision to permit the alleged murderer obtain custody of the decedent clearly jeopardized a murder investigation.  Mr. Kaplan’s decision not to initiate the investigation permitted the alleged murderer to receive her body and cremate the decedent prior to all evidence being collected that could have lead to the clear and unequivocal establishment of cause and manner of her death.  Mr. Kaplan’s decision not to be involved contributed to the failure of the county to conduct the mandatory autopsy in this suspicious death.  Kaplan’s intent was clear.

The Prosecutor’s knowing and purposeful decision to not initiate the mandatory investigation was noted by Judge Travis L. Francis in his opinion in the docketed case.  In his opinion, Judge Francis opined for the record “… and it’s also interesting that the – that law enforcement has consistently failed to take any action, notwithstanding the allegations of — of the — plaintiff in this matter.”

Bruce Kaplan had numerous opportunities to begin his investigation even after his first decision to cover for his fellow law enforcement officer by releasing the body of the decedent to the alleged murderer of the decedent.  Mr. Kaplan knew that investigations were being conducted by the Medical Examiner’s Office (at one point the Medical Examiner stated that the Medical Examiner’s investigation was being monitored by the Prosecutor’s Office) and the Sayreville Police, and at any point for several months he could have initiated his mandated investigation, even as Carolyn Ausley and Bill Strouse were pleading with him and his various divisions to do so, yet he refused.

As you read in previous chapters, Mr. Kaplan was in receipt of an email sent from one of Joyce’s daughters to Carolyn Ausley documenting the physical and emotional abuse she and the decedent suffered at the hands of the alleged murderer.  Mr. Kaplan was not even curious to act on this possible lead.  Had he pursued this lead, he would have discovered that the Sayreville Police Department knowingly and purposely never developed the lead as an aggravating factor in the case against the alleged murderer.

Finally, had Mr. Kaplan conducted the mandatory investigation required of him, the cause and manner of death of the decedent would have been established beyond a reasonable doubt and any and all litigation, and collateral representation and expenditure of resources, both personal and on behalf of Middlesex County and the State of New Jersey, would have been completely unnecessary.  Moreover, it is possible an alleged murderer would have been brought to justice.  Mr. Kaplan, to date, has succeeded in his intent to keep the alleged murderer, a former police officer, free from investigation for the suspicious death of Joyce B. (Strouse) Sauter.

Charges of Official Misconduct, Pattern of Official Misconduct, Conspiracy, Hindering Apprehension, and Hindering an Investigation, among others, are for consideration regarding Mr. Kaplan’s actions in this case.