47°
A condition of Kathleen Tiernan successfully completing the program is that she repay half the claim, Superior Court Judge Joseph Conte ruled.
Conte agreed that could be done for as little as $50 a month, beginning July 22.
She also must stay out of any trouble for the full term — one to three years, depending on how soon she makes full restitution. If she does so, her criminal record will be expunged.
It was an unusual move: One of the reasons for Pre-Trial Intervention (PTI) is so that resources aren’t wasted prosecuting a case.
Although his office didn’t oppose — or formally approve of — the decision, Assistant Bergen County Daniel Keitel said he wasn’t aware that the state statute “has been changed from pre-trial intervention to post-trial intervention.”
Meanwhile, defense attorney Francis Meehan called the outcome “appropriate considering her [convicted] role.”
Both Tiernan and Zisa were found guilty in June of lying on a claim after she drove Zisa’s SUV into a utility pole on Moore Street in Hackensack.
Two officers who responded to the crash have said they believe Tiernan was drunk. But Zisa showed up at the scene and whisked her off before they could test her sobriety.
The couple later collected $11,000 in damages after claiming that Tiernan swerved to avoid an animal in the road when the crash occurred.
Tiernan applied for and was accepted by Conte for PTI, with conditions, after a hearing in Hackensack that lasted barely 15 minutes.
Bergen County prosecutors refused to either consent to or oppose the move because of the circumstances. However, the judge agreed that Tiernan — despite the rare move of seeking entry to the program after conviction — is an eligible candidate.
The 51-year-old mother of three is employed and can “be made whole” through restitution, he said. What’s more, the judge agreed, the interests of society would be served.
PTI, which is generally applied to first-time offenders, is all about rehabilitation. It’s intended to address personal problems that lead to certain crimes while deterring any future criminal behavior — and saving court resources for more serious criminals.
If the participant successfully completes all the conditions of PTI, the original charges are dismissed and there is no record of conviction.
Ordinarily, an application for PTI can no longer be made seven days after a defendant pleads to the charges. Conte made an exception in this case.
Zisa is to be sentenced Aug. 15 for insurance fraud and official misconduct in connection with the case, as well as for official misconduct for tampering with a 2004 investigation of an assault involving Tiernan’s sons.
{loadposition log}
Click here to follow Daily Voice Hackensack and receive free news updates.
