O'Scanlon Wants Judge Troiano Fired After Teen Rape Verdict

MONMOUTH COUNTY, NJ — Monmouth County state Senator Declan O’Scanlon is now calling for the resignation of Monmouth County Superior Court Judge James Troiano, who recently ruled a 16-year-old rape survivor was not truly raped since she was not held at gunpoint.

Judge Troiano also reportedly said the attacker came from a “good family” and pondered whether he deserved “ruining his life” by being tried as an adult.

O'Scanlon, a Republican, is criticizing a member of his own party, as Judge Troiano is also a Republican. O'Scanlon represents northern Monmouth County, including towns such as Aberdeen, Hazlet, Holmdel, Middletown, Rumson and others.

“Judge Troiano’s comments are truly abhorrent and clearly highlight the fact that he needs to be removed immediately by the Supreme Court,” O’Scanlon said. “We simply cannot stand by and allow a sitting judge to tell a 16-year-old sexual assault survivor that she doesn’t deserve justice because her attacker might get into a ‘good college.’”

Troiano, who sits as a judge in Monmouth County, said the following when he barred the 16-year-old from being tried as an adult last year:

"(D)o I believe that it shows in any way a calculation or cruelty on his part or sophistication or a predatory nature? No, I do not...

"(T)his young man comes from a good family who put him into an excellent school where he was doing extremely well....

"He is clearly a candidate for not just college but probably for a good college. His scores for college entry were very high."

The judge also detailed the accused's extracurricular activities, including being an Eagle Scout.

The sex assault allegedly happened somewhere in Monmouth County in 2017 when approximately 30 teens attended a pajama-themed party where alcohol was consumed, according to court records. Parts of the basement where the party took place were blocked off. After engaging in "heavy petting," the accused and the victim walked into a closed off darkened area, according to court records.

The teen boy, who had no prior delinquency history, was drunk. The victim was also visibly drunk, her speech was slurred and she stumbled as she walked, according to court records.

While on the sofa, a group of boys sprayed Febreze on the victim's bottom and slapped it with "such force that the following day she had hand marks on her buttocks," according to court records.

The victim and the accused then had intercourse in the darkened room, according to court records. The 16-year-old boy also allegedly filmed during the act using his cell phone.

The accused, whose full name was not identified, also allegedly sent a text to his friends with the video, saying: "(W)hen your first time having sex was rape," according to court records.

A Republican judge in Middlesex County is under similar heat: Four Middlesex County state senators, all Democrats, want the New Jersey State Senate to remove Middlesex County Superior Court Judge Marcia Silva from her seat for a similar ruling she made. Silva ruled that a 16-year-old boy should not be tried as an adult for sexually assaulting a 12-year-old girl.

The most controversial part of Silva's decision to try the teen as a juvenile included the following, in which she wrote: “The victim claimed that the [j]uvenile pushed her, grabbed her hands, removed her clothing and then penetrated her without her actual consent... However, beyond losing her virginity, the State did not claim that the victim suffered any further injuries, either physical, mental or emotional.”

Both Troiano and Silva are Family Court judges. In both cases, county prosecutors wanted to try the boys, both 16, as adults, but the two judges ruled they be tried as juveniles. They also both had their decisions overturned by appellate courts.

O'Scanlon called Troiano "unfit" to sit as a judge.

“The Supreme Court has the ability to remove a judge for misconduct in office, or conduct evidencing unfitness for judicial office," said O'Scanlon. "Judge Troiano’s disturbing and biased comments from the bench are a glaringly obvious display of his unfitness for judicial office.”

State Sen. Vin Gopal, a Democrat who represents the 11th district in southern Monmouth County, agreed: “The comments made by Judge Troiano are despicable and beyond the pale. They have no place in our courts. Judge Troiano must resign, effective immediately, from any judicial posts he still holds," said Gopal on Monday.

Towns Gopal represents include Allenhurst, Asbury Park, Colts Neck, Deal, Eatontown, Freehold Borough, Freehold Township, Interlaken, Loch Arbour, Long Branch, Neptune City, Neptune, Ocean Township, Red Bank, Shrewsbury Borough, Shrewsbury Township, Tinton Falls and West Long Branch.

Related:

After Rape Decision, Middlesex Senators Want Judge Marcia Silva Removed

Teen's From 'Good Family,' So NJ Judge Gave Break On Sex Assault