Superintendent In Pooping Case Goes On Offensive Against NJ.com

HOLMDEL, NJ — Not only is the former superintendent who admitted to pooping on the Holmdel High School track last spring now suing the Holmdel police department for what he says was the malicious leak of his mugshot — he's also now going on the attack against NJ Advance Media/NJ.com, one of the biggest media outlets in the state of New Jersey.

Last week, a lawyer representing Thomas Tramaglini sent a sternly-worded letter to the editors of NJ.com, warning them not to destroy any emails, text messages, videos, photos and any and all other written communication editors and reporters might have had about Tramaglini's story.

"Your failure (to do so) could result in extreme penalties, and could form the basis of legal claims for spoliation (destruction of evidence)," read the letter, sent by Tramaglini's lawyer, Matthew Adams, of the Morristown-based white-collar criminal defense law firm Fox Rothschild.

The letter was sent May 2 to NJ Advance Media's headquarters on Rt. 1 in Iselin. It was sent two days after Tramaglini's lawyer filed a federal lawsuit against the entire Holmdel police department.

"We are going after everyone that conspired to ruin this man’s life," Adams told Patch last week.

It appears only NJ.com has been sent such a letter by Tramaglini's lawyer. Other media outlets that published the now-infamous "pooping superintendent" story, such as Patch, the Asbury Park Press (owned by Gannett) and hundreds of other media outlets that picked up the story across the globe, have not been sent similar.

When this Patch reporter asked Adams why only NJ.com was singled out, he referred us to Tramaglini's federal lawsuit, a copy of which you can read here. The lawsuit alleges that then-NJ.com news director Christopher Kelly said "let's have some fun with this" after the allegations against Tramaglini were made public.

"Multiple whistleblowers from inside NJ.com at the time have revealed that Christopher Kelly ... instructed journalists to write multiple, redundant stories lacking any news value whatsoever focusing primarily on what was depicted in the unlawfully taken and disseminated booking photograph," the lawsuit alleges. "Despite the resistance of many in the NJ.com newsroom, Mr. Kelly forced journalists to continue publishing Tramaglini's mugshot. These stories ultimately fueled other national and international stories providing false and misleading information."

When asked by Patch if they received the letter, and if they have any comment, Kevin Whitmer, vice president of content at NJ Advance Media, declined to comment.

NJ.com is not named as a defendant in the lawsuit. But the entire Holmdel police department is, as is Holmdel Police Chief John Mioduszewski.

Adams argues that the decision by the Holmdel police department to release Tramaglini's booking photo led to "embellished, sensationalized reporting ... throughout the state of New Jersey, the nation and the world during the summer and fall of 2018."

The tornado of negative media attention led to Tramagalini being physically threatened, and his ex-wife and his elementary school-age children received threats, as well, Adams said. He also said Tramaglini's ability to ever find work again has been severely compromised.

"A man's life was destroyed over this," Adams said in a phone interview.

How was Tramaglini's mugshot released onto the Internet?

Tramaglini hired Adams to represent him last spring, when he was first charged with pooping on the Holmdel track and field, as well as littering and lewdness.

Tramaglini was taken into custody by Holmdel police in the pre-dawn hours of April 30, 2018, after police said the Holmdel High School track team was stumbling over human feces on the track and football field "on a daily basis." Holmdel High's school resource officer, Patrolman Jonathan Martin, hid out by the track early in the morning and set up a video camera, which caught Tramaglini in the act that day.

After first fighting the charges, Tramaglini pleaded guilty in October of last year to one count of public defecation, for which he paid a $500 fine. His lawyer said he suffers from a documented medical condition that makes him have to very urgently use the bathroom when he runs. Tramaglini is an avid long-distance runner, having completed the New York City marathon in the past.

"It's been getting worse as I've gotten older," Tramaglini, 42, told NJ Advance Media last spring when the story first broke. "But I run 40 miles a week and it's not like it happens all the time."

At the time, Tramaglini was working as the superintendent of Kenilworth public schools, a job for which he was paid $147,504 a year and was just about to sign a five-year extension to his contract. He quit that job after the charges against him were made public, and received a $100,000 severance from Kenilworth public schools.

Tramaglini lives in Matawan, and he previously worked in the Keansburg school system. He used to be a part-time lecturer at Rutgers, as well.

Adams argues that on the morning of April 30, Holmdel police only took and released Tramaglini's mugshot to humiliate him. Their actions were also illegal, he says, as when Tramaglini's mugshot was taken, he was only charged with littering and public defecation. Both of those are municipal violations, akin to having unpaid parking tickets or getting a speeding ticket.

From there, that mugshot was somehow mysteriously leaked onto the Internet; it was never officially released to the media by the Homdel police department.

Will this cost Holmdel taxpayers?

It remains to be seen if the Holmdel police department will be found guilty of any wrongdoing in how they handled this matter. A judge will now decide if Tramaglini's lawsuit has merit and if it will proceed through the court system.

Holmdel has already retained an outside lawyer to represent them in what is shaping up to be a complicated, legally-murky case. Holmdel Township hired David Schwartz, of the Eatontown law firm Schwartz and Posnock, to represent Holmdel. Schwartz will not be paid directly by Holmdel; he will be paid by the Mid Jersey Municipal Joint Insurance Fund, the municipal insurance fund that Holmdel is a member of. Holmdel Twp. ostensibly joined that fund in part to avoid high legal costs for lawsuits such as this.

Holmdel must first reach a $5,000 deductible before the insurance company pays, according to Denise Callery, the human resources manager for Holmdel Township. After that, Schwartz's legal fees will be paid by the insurance company.

Holmdel will not be commenting on matters of pending litigation, Schwartz said to Patch back in February, when he was first retained by Holmdel Twp.

Ongoing Patch reporting on this story:

'Pooping' Ex-Superintendent Files Suit Over Mugshot (May 2, 2019)

Lawyer In Pooping Scandal: Why We're Suing Holmdel Police (Oct. 29, 2018)

Ex-Superintendent Admits To Pooping Under Holmdel Bleachers (Oct. 24, 2018)

Here is a copy of Tramaglini's federal lawsuit against Holmdel Twp. and the Holmdel police department: