Convictions of Former Moorestown Cop, Ex-Girlfriend in Sexual Assault Case Upheld

A Superior Court judge has upheld the convictions of a former Moorestown police officer and his ex-girlfriend who were convicted in 2012 of a slate of sexual assault charges.

Robert S. Melia Jr. and Heather Lewis filed separate appeals challenging their convictions on charges including sexual assault, endangering the welfare of a child, official misconduct and invasion of privacy. Melia was convicted on 22 charges, while Lewis was convicted on 25.

Three teenage girls accused Melia and Lewis of sexually assaulting them in various ways, with Lewis performing various sex acts on the girl and the girl instructed to perform sex acts on Lewis. The defense argued the video was made consensually.

An additional teen boy also accused Lewis alone of assaulting him, charges which she was convicted for.

In his appeal, Melia claimed the seizure of his computers violated his right to be free from unlawful searches, the warrant approved violated his fourth amendment rights, there was no probable cause to search his computer and that nude photos of Melia should not have been admissible as evidence, among other reasons.

Lewis also disputes law enforcement’s rights to seize Melia’s computers, their attorneys provided ineffective counsel; and the court committed reversible error when it modified the model charges, distributed an outline of the offenses and a page of definitions to the jury.

According to the court’s decision, an evidentiary hearing was held after Melia twice challenged the search and seizure of his computers. The judge in that hearing determined there was probable cause to issue a warrant to search Melia’s home and seize his computers. The warrant was based on interviews with the victims and Lewis, who confirmed the victims were in Melia’s house, and that Melia and Lewis videotaped their sexual activities, which included restraints and sex toys.

Because his initial challenge was denied, Melia claimed inconsistency among the judge’s opinions in the case, which the judge denied.

The ruling also states that although items seized were not illegal, as Melia claimed, they can be seized as evidence in a crime.

Melia also points out the affidavit said the computers found a computer with a dark screen in his home, and moved the mouse to illuminate the screen, revealing that files were being deleted. However, the detectives testified that the screen was already illuminated, creating an inconsistency.

The ruling states that substantial evidence supported the finding that the detective moved the mouse to illuminate the screen, and that this was part of a legitimate search.

Melia said the warrant didn’t authorize detectives to search his computer, but the ruling supports the search because officers are authorized to search the entire home for evidence, and computers are treated no differently than filing cabinets or briefcases. It also said it is reasonable that the deleting of files was an attempt to destroy evidence. Melia never provided an explanation as to any other reason he would be deleting files from his computer at that point.

The ruling also states the computer was seized first, and a warrant was obtained before it was searched.

Finally, the judge found that the nude photos of Melia could be admitted because there was evidence in the photo linking him to an alleged victim. The victim testified he used sex toys and restraints, as well as specifics about his pubic area that the photos were able to corroborate.

The judge ruled Lewis’s claims of ineffective counsel are not supported by the trial record. The court also denied Lewis’s challenge of the trial judge’s jury charge.

“We are very pleased that the Appellate Court affirmed the conviction of these horrendous acts committed by Mr. Melia and his co-defendant,” Joel Bewley, a spokesperson for the Burlington County Prosecutor’s Office, said on Monday.

Melia was convicted in 2012 on:

• Six counts of sexual assault
• Six counts of aggravated sexual assault
• Two counts of aggravated criminal sexual contact
• Four counts of criminal sexual contact
• Two counts of endangering the welfare of a child
• Invasion of privacy
• Official misconduct

Lewis was convicted in 2012 on:

• Seven counts of sexual assault
• Six counts of aggravated sexual assault
• Two counts of aggravated criminal sexual contact
• Five counts of criminal sexual contact
• Four counts of endangering the welfare of a child
• Invasion of privacy

The attached image of Robert Melia is a Patch file photo