Marlboro Mob Associate Sues NJ To Extend Temporary Prison Release

MARLBORO, NJ – A Southern State Correctional Facility inmate released under temporary furlough is suing the state in a demand for an extension. Robert Spagnola, 72, filed a lawsuit on Monday against the New Jersey Department of Corrections to extend his release in fear of contracting COVID-19 once admitted back into prison.

Spagnola has been serving his sentence at his Marlboro Township residence since May 16, when Gov. Phil Murphy temporarily furloughed hundreds of inmates to avoid outbreaks of the COVID-19 in New Jersey prisons. Murphy’s executive order, signed in April, considers eligibility for those who are over the age of 60, are nearing the end of their sentence, are up for parole or are medically fragile.

“The plain language of Executive Order 124 states that the Order remains in effect ‘until revoked or modified by the Governor,’” the suit argues, later pointing out that New Jersey’s public health emergency continues to be extended through July. According to court documents, Spagnola’s attorney attempted to contact the Department of Corrections “on more than one occasion” to prolong his return to prison, but was met with no response.

Spagnola qualified for the temporary furlough due to his age and underlying medical conditions. Per the suit, the inmate was given a 30-day period to shelter at home and is set to return to prison on Sunday, June 14. He is currently serving a five-year sentence and will be eligible for parole on Dec. 15.

The Morganville resident was sentenced in Sept. 2019 for his role in criminal schemes that generated millions of dollars through unlicensed check cashing, gambling, money laundering and illegal loan sharking. Five other New Jersey men were charged, all of which were linked to the Genovese crime family.

Per the lawsuit, as of June 1, 1,720 inmates in the New Jersey state prison system have tested positive for COVID-19, along with 737 staff members. Southern State Correctional Facility has reported 154 cases of COVID-19 among inmates alone, with an additional 79 staff members infected, according to documents from the Department of Corrections.

“Mr. Spagnola has already been approved for and released ... due to his underlying medical conditions and the high-risk COVID-19 presents for him. Neither his health nor the virus has gotten any better,” wrote Spagnola’s attorney Marco A. Laracca in a brief. “Permitting 30-day furloughs leads to the absurd result of a revolving door which makes Mr. Spagnola immediately eligible for a furlough the very second he walks back through the door – into a cauldron that could pose a threat to his life.”

Spagnola has been compliant with the conditions of his release, according to court documents, and has been wearing an electronic monitoring device and contacting the Department of Corrections twice a day. A hearing date is scheduled for Thursday, June 11 at 2:00 p.m. via video conferencing.