Prosecutors Seek To Have Ex-Chief's Appeal Thrown Out: Report

BURLINGTON COUNTY, NJ — Federal prosecutors are reportedly coming to the defense of a group of black jurors accused of influencing four white jurors during the hate-crime trial of former Bordentown Police Chief Frank Nucera.

The attorney representing Nucera is looking to have his conviction of lying to the FBI overturned after four white members of the jury claimed "bullying, racial tension and unfounded accusations" influenced deliberations.

But prosecutors claim the jurors were reacting to the racism on display in the evidence, nj.com reports. They weren’t expressing toward Nucera or displaying any stereotypes about white people, they argue.

They asked that Nucera’s claim be dismissed without a hearing, but a hearing remains scheduled for Jan. 20, according to the report.

Nucera was convicted of lying to FBI agents who were questioning him about violating an 18-year-old man's civil rights during an arrest. He was also charged with one count of hate crime assault and one count of deprivation of civil rights under color of law. The judge 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.

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'

Nucera served as Bordentown Police Chief and Township Administrator before he abruptly retired in 2016. His sudden resignation came after the Attorney General's Office was told by federal authorities that he was under investigation, according to the Courier Post. He made $151,418.31 per year, and has an annual pension of $105,992.76, according to nj.com. He receives $8,832.73 per month.