Ex-NJ Chief's Attempt To Overturn Conviction Dismissed: Report

BURLINGTON COUNTY, NJ — A federal judge has reportedly dismissed former Bordentown Police Chief Frank Nucera’s claim that his conviction of lying to the FBI should be overturned due to racial bias.

“Given the nature of the charges in this case, given the nature of the evidence, nobody should be surprised that the discussions of the jury focused on race,” Judge Robert Kugler said, according to nj.com. “That’s what this case has been about, and it will continue to be about, is race.”

Kugler dismissed the appeal after a 90-minute hearing this week, according to the report. A second trial will begin soon on charges of hate crime assault and one count of deprivation of civil rights under color of law. The judge previously declared a mistrial on those charges. Read more here: NJ Police Chief Lied To FBI, Committed Other Alleged Crimes: Feds

Police responded to the Bordentown Ramada on Sept. 1, 2016, for a report of two people who wouldn't leave. One was Stroye, and the other was a 16-year-old female acquaintance. They initially resisted arrest, but were in the process of being arrested when Nucera arrived. After Stroye was handcuffed and was being escorted from the hotel by police, Nucera came up from behind and slammed his head into a metal doorjamb, authorities allege.

Nucera then told federal investigators he hadn't touched the suspects during the arrest or detention, according to authorities.

In October, Nucera was convicted of lying to the FBI. His attorney sought to have that conviction overturned after four white members of the jury claimed "bullying, racial tension and unfounded accusations" influenced deliberations.

Prosecutors countered by saying the jurors were reacting to the racism on display in the evidence. The judge agreed.

The FBI previously investigated Nucera in 2007, according to the Trentonian. No charges came as a result of that investigation, and it wasn't clear what information prompted the investigation.

It was provided by Jacob Archer, who is now an FBI Special Agent, but wasn't when he provided the information. Since then, Archer has met with Bordentown Township Police Sgt. Nathan Roohr, who began secretly recording Nucera back in 2015.

Roohr provided over 100 hours of recordings to the FBI as part of the investigation, according to nj.com. Read more here: Attorney Calls Hate Crime Case Against Ex-Chief 'Witch Hunt'