A state appeals court ruled that a former police chief's pension should not have been denied following his conviction for lying to the FBI.
A state appeals court ruled Tuesday that a judge erred in allowing state officials to deny a former Burlington County police chief of his retirement pension after his conviction in federal court of lying to the FBI. The appeals court found fault in how officials used similar state crimes to justify their desire to deny former Bordentown Township Police Chief Frank Nucera Jr.’s of his pension after his conviction of a federal crime, in 2019.
The state crimes they cited - official misconduct and perjury - simply do not align with the crime of lying to the FBI, and a Superior Court judge in Mercer County erred in approving the order, the decision says. Nucera Jr. was also accused of a hate crime assault and a Civil Rights charge in connection with a 2016 arrest in which he was present and was accused of slamming a Black teenager’s head into a doorjamb. Federal authorities also documented Nucera Jr. had retired from the force earlier in 2017 when he realized he was under investigation. He was making $151,000 at the time. Authorities later indicted him on the charges, plus the lying charge of making false statements to the FBI, which occurred during the investigation when Nucera told agents he was “hands-on” during the arrest.. A jury convicted him in 2019 of the lying charge, but was hung on the assault and Civil Rights charges and the judge declaring a mistrial each time, the second in late 2021. Prosecutors delayed his prison report date until after the second trial. Nucera Jr. eventually reported to prison, but his lawyers won an appeal and he was resentenced in May 2023 to the 13 months he’d already served and he was set free on June 1, 2023. Meanwhile, lawyers with the state Attorney General’s Office sought to strip Nucera Jr. of his pension
Pension Appeals Court Police Chief Lying To FBI Hate Crime Assault
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