MICHAEL O. ALLEN

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DE KLERK—WHITE HOPE

By Homepage, New York Daily News, South Africa: The Freedom VoteNo Comments

By MICHAEL O. ALLEN, Daily News Staff Writer | Sunday, April 3, 1994

The scenes are stunning: blacks lustily cheering apartheid scion Frederik Willem de Klerk as he campaigns for re-election to the presidency of South Africa.

The happy candidate obliges by donning Zulu tribal hats, carrying spears and cowhide shields.

“I’m white,” he told one black audience, “but my heart pumps the same red blood as the red blood in the heart of every South African.”

De Klerk, 58, was born into a staunchly political Afrikaner family in the Transvaal. As his great-grandfather and his father, he represented the province in parliament. So, the deeply religious father of three caught most people by surprise when he began dismantling apartheid.

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INCREDIBLE ROAD TAKES HIM HOME: Mandela Has Only Begun to be Great

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By GENE MUSTAIN and MICHAEL O. ALLEN, Daily News Staff Writers | Tuesday, May 3, 1994

JOHANNESBURG—This day was never supposed to come.
Nelson Mandela was never supposed to return from life imprisonment to divert South Africa from the ruinous path apartheid has laid for its peoples.
And blacks in this country were never supposed to vote in an election. Hendrik Verwoerd—one of architects of the apartheid system—guaranteed these things. Yesterday, he was proven spectacularly wrong, and Mandela was the one proven right.
He spoke from the heart and danced like a boy. It was a victorious day for all South Africans, he proclaimed, ever the unifier. “The people have won.”
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FEDERAL LIMIT ON INMATES ASSAILED; Del Tufo Weighs Legal Challenge

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By Michael O. Allen, Record Staff Writer | Wednesday, April 1, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

New Jersey Attorney General Robert J. Del Tufo said Tuesday that he is considering challenging federal court orders that limit the number of state prisoners in some county jails.

“I would prefer not to have a federal judge telling the state what it can and cannot do,” he said.

Del Tufo said he talked Monday with U.S. Attorney General William P. Barr about a new U.S. Justice Department policy to provide legal help to states that are trying to lift court-ordered limits on prison populations.

He said he wants to review the current consent decrees restricting the number of state inmates in the Essex, Atlantic, Burlington, Monmouth, and Union county jails, with an eye toward challenging those limits.

Bergen County Sheriff Jack Terhune said lifting the cap on state inmates at other jails might help the Bergen County Jail because some state prisoners could be removed, but that the problem would remain with the state.

“If the state realizes it has an overcrowding problem, then it must address it at the state level, not at the expense of the county jail system,” Terhune said.

The new Justice Department policy was first put forth by Barr in a Jan. 14 speech in which he said the ability of states in recent years to manage their own prisons has been hampered by lower federal court rulings that came out of lawsuits filed by inmates.

“Many courts went far beyond what the Constitution requires in remedying purported Eighth Amendment violations,” Barr said in the speech. “Caps, in particular, have wrought havoc with the states efforts to get criminals off the street.”

But on Jan. 15, the day after Barr’s speech, the U.S. Supreme Court issued a ruling that undercut his position, said Elizabeth Alexander, deputy director of the National Prison Project of the American Civil Liberties Union.

The ruling, in a case originating in Boston, made reopening consent decrees easier, but put limits on how much they could be rewritten, Alexander said.

“I’m really surprised that Barr is continuing to make this argument,” she said. “In the face of the decision, I would have thought that he would stop, because it was so soundly rejected by the Supreme Court.”

The Bergen County Jail operates at an average of 235 percent of its rated capacity of 423 inmates, with its population hovering around 1,000 during the week and exceeding that on weekends. The county and state are co-defendants in a 1988 lawsuit filed by inmates who charged that their constitutional rights were being violated by conditions at the jail.

James Stabile, a spokesman for the state Department of Corrections, said the state prison system currently runs at 135 percent capacity. Although the department removed 1,559 inmates from county jails in February, the caps in the five counties prevented the state from spreading that number out, he said.

For instance, the department removed 348 prisoners from the Essex County Jail, one of the jails under consent decrees, but only 72 inmates from Bergen County. The number could have been divided more evenly among the counties if the state could be flexible with the cap, Stabile said.

ID: 17373081 | Copyright © 1992, The Record (New Jersey)

VICTORY FOR JAIL COULD BE A LOSS; Hearings Resume on Overcrowding

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By Michael O. Allen, Record Staff Writer | Wednesday, January 29, 1992

The Record (New Jersey) | 5 Star | NEWS | Page B01

In an ironic twist to a class-action suit seeking to reduce overcrowding at the Bergen County Jail, a high-ranking county official says the county could wind up a loser if it wins the case.

Jerrold B. Binney, chief of staff to county Executive William “Pat” Schuber, said Tuesday that the state might walk away from the jail’s problems, if the recommendation of special master James R. Zazzali goes against the Department of the Public Advocate. It filed the federal suit in behalf of jail inmates in 1988.

The state and county are defendants in the case. Hearings on the suit were scheduled to resume today, after negotiations on an out-of-court settlement reached an impasse late last year.

Of 984 inmates in the jail which has a rated capacity of 423 379 are state prisoners, said a spokeswoman for Bergen County Sheriff Jack Terhune.

Binney, who has been designated by Schuber to speak for the county on the issue, said that the county has maintained all along that the state is to blame for the overcrowding and a host of other problems at the jail.

If the state and county win, he added, the state would have no incentive to decrease the number of state prisoners in the jail, or to increase its per-diem subsidy for state prisoners.

Binney says the county may sue the state to get it to address the county’s concerns.

“We’ve already done that in one instance, on the per-diem issue,” he said. “We’ve joined the Gloucester County suit on the per-diem cost because, right now, it is draining our treasury.

“We get $45 a day from the state,” he went on. “That’s what we’ve been getting for about 12 years, and everybody knows the costs have been going up. We feel that at a minimum at a minimum it’s costing us $65 a day to house those state prisoners, and that’s not even including some capital costs.”

The Bergen County freeholders are to consider the per-diem issue at their next meeting, deciding how much to ask of the court in the Gloucester case.

Deputy Attorney General Patricia Leuzzi, representing the state Corrections Department in the suit, said she had not been notified that Bergen County joined the Gloucester suit.

Leuzzi also said she was reluctant to discuss the issues discussed during settlement talks, but that the state does not dispute that the per-diem rate needs to increase. The state Legislature is responsible for such an increase, she said.

“The budget is limited,” she said. “The governor and the Legislature are making difficult decisions on what can be funded. Things are being cut back. There are complaints from every constituent.”

Deputy Public Advocate Audrey Bomse, who is handling the class-action suit, said the state deliberately overloads the county jails in order to avoid having its prisons declared unconstitutional.

Bomse said that overcrowding exacerbates the violation of inmates constitutional rights, and that an expert for the public advocate would testify today that, with the exception of health care, “almost next to nothing has been done to ameliorate” problems at the jail.

Among the problem areas cited were lack of exercise, poor lighting, improper sanitation, inadequate protection of inmates from other inmates, and a rising level of violence between inmates and corrections officers.

Corrections Department spokesman James Stabile said that overcrowding results from state prisons taking in more inmates than they let out. In 1991, for instance, 11,559 inmates came into state prisons and 8,216 were paroled, leaving a monthly average surplus of 279 inmates.

New Jersey is one of only five states in the nation not under a court order to drastically reduce its prison population, said Betsy Bernat, a spokeswoman for the National Prison Project of the American Civil Liberties Union. The project seeks to reduce prison populations.

Bernat said the reasons vary among the five states. Vermont, Montana, and North Dakota have no prison overcrowding largely because they are sparsely populated states, and Minnesota doesn’t because it imprisons only the most dangerous criminals.

She agreed with Bomse that New Jersey, which operates at about 135 percent of its prison capacity, was able to stave off a court order by “backing up its prisoners into the county jail system.”

ID: 17367308 | Copyright © 1992, The Record (New Jersey)

INMATE CLAIMS INJURY BY GUARD DOG; Attack in food protest charged

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By Michael O. Allen, Record Staff Writer | Saturday, January 25, 1992

The Record (New Jersey) | One Star | NEWS | Page A04

A Bergen County Jail prisoner claims he was injured when he was subdued by a police dog during an inmate protest over food.

Another inmate said the prisoner was bitten by the officer’s dog, but Sheriff Jack Terhune would say only that he assumed the inmate was bitten, because he needed medical attention.

Inmate Gary Jones, 32, said in a call to The Record that he saw a guard dog bite Gregory Cannell on Jan. 11 during a melee that ensued when several inmates dumped their food trays in protest over the portions they receive at mealtime.

Terhune said Thursday that Cannell received medical attention after he was taken into custody with the assistance of the guard dog. Cannell, 26, of Union City, was then returned to an isolation cell because he and Howard Tucker, 19, of Newark, face a charge of assault on a law enforcement officer in the disturbance, Terhune said.

Cannell was one of several inmates who tried to push past a corrections officer into a hallway after about 10 inmates had dumped their trays, Terhune said. Several officers responded to the correction officer’s call for assistance, he added, declining to say whether anyone else was hurt.

Jones was one of five inmates who called The Record around midday on Jan. 11, before the disturbance later that afternoon, to say they were on a hunger strike in protest of their meal portions, and of general conditions. Jones reported the incident to The Record several days later.

The state Department of the Public Advocate, which is representing the jail inmates in a suit to reduce overcrowding at the jail, is looking into the incident and may have the inmates involved testify at a hearing next week.

Assistant Deputy Public Advocate Audrey Bomse said she was aware of the incident but had not received a report from either side. The charges of assault filed against the two inmates were not surprising, Bomse said.

“I’m not going to prejudge this. Sometimes that is the case, but sometimes it is also used as justification for the use of excessive force upon inmates,” Bomse said.

Keywords: BERGEN COUNTY; PRISON; ANIMAL; ASSAULT

Notes: Cut in late editions.

ID: 17366953 | Copyright © 1992, The Record (New Jersey)

ESCAPED KILLER CHARGED IN HOLDUPS; Pair of Businesses were Robbed

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Byline: By Michael O. Allen, Record Staff Writer | Friday, January 24, 1992

The Record (New Jersey) | 5 Star | NEWS | Page B01

A convicted killer who escaped from a Connecticut prison and was recaptured in Paramus over the weekend was charged Thursday with two armed robberies in Rutherford and Montvale, authorities said.

Police linked Frank Vandever to the Jan. 7 robberies of a Rutherford jewelry store and a Montvale 7 Eleven after Vandever was captured at Garden State Plaza on Saturday, Bergen County Prosecutor John J. Fahy said.

Ronald Rutan, who also escaped from the Connecticut prison and was recaptured last week, was also charged Thursday in the holdups, Fahy said.

Vandever and Rutan are also suspects in the robbery of a 7 Eleven in Waldwick on Jan. 9, the prosecutor said.

Connecticut authorities on Thursday charged Vandever, 37, and Rutan, 34, with breaking out of the Somers Correctional Center on New Year’s Eve, and with kidnapping a couple and stealing their truck at knifepoint the day after the escape.

The two inmates broke out of prison by cutting through the bars of a window near the kitchen and then through two perimeter fences, authorities said. A fence alarm failed to sound.

Vandever, a former stockbroker serving a 40-year term for murdering a client, and Rutan, a convicted burglar, then led authorities in Connecticut, New York, and New Jersey on a manhunt. Rutan was captured in Spring Valley, N.Y., on Jan. 15.

Rutherford Police Chief Edward P. Caughey said that at about 5 p.m. on Jan. 6 Rutan went alone into Crosby Jewelers at 50 Park Ave. and asked a clerk if he could look at diamonds because he was shopping for an engagement ring.

Rutan returned with Vandever about the same time the next day. Vandever held a knife on the store clerk and Rutan brandished a gun that was later determined to be a toy, Caughey said.

Despite a warning from Rutan when he announced the robbery, however, the store manager pressed a silent alarm.

“When he pulled the alarm, they both turned around and fled,” Caughey said.

Neither victim was injured, and nothing was taken from the store.

About 11:46 p.m. the same night, Rutan held a 10-inch knife to the abdomen of a 7 Eleven clerk in Montvale, said borough Police Chief Joseph Marigliani. After Rutan left with about $300, Vandever, who allegedly was in the store pretending to be a customer, paid for a newspaper and also left.

The clerk then called police.

Fahy said he intended to prosecute the case after the two men are dealt with by Connecticut authorities.

ID: 17366857 | Copyright © 1992, The Record (New Jersey)

FUGITIVE CAUGHT IN PARAMUS; Killer Is Found at Shopping Mall

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By David Gibson and Michael O. Allen, Record Staff Writers | Sunday, January 19, 1992

The Record (New Jersey) | All Editions | NEWS | Page A01

The wide-ranging manhunt for a killer who fled a Connecticut prison on New Year’s Eve ended late Saturday afternoon in the parking lot of Garden State Plaza, where Paramus police arrested him in the car he allegedly had stolen.

Frank Vandever, a 37-year-old former stockbroker with a penchant for dressing as a woman, was arrested about 5:15 p.m. and was in men’s clothes, said New York State Police Lt. Arthur Hawker, who coordinated several agencies in the weeks-long search.

“Paramus police saw the car in the parking lot,” Hawker said. “They had it under surveillance when Vandever came out, and as he approached the car, he was taken into custody without incident.”

Vandever was presumed to be armed and dangerous, but police found only a small pocket knife on him; he did not resist arrest.

“He appeared very surprised,” said Paramus plainclothes Detective Joseph Ackerman, who collared Vandever with Detective Jerry May. The detectives said they neared the car with guns drawn as Vanderver got inside.

“He tried to give us a story about how it is his car and he doesn’t know why we are stopping him,” Ackerman said. “He wasn’t convincing at all,” he added.

An eyewitness who claimed to have seen Vandever earlier in the day in a Bergenfield 7-Eleven said he looked “a little scroungy and was wearing a red flannel lumberjack coat, a scruffy beard, and his hair looked uncombed.”

But police said they weren’t sure it was Vandever. He was wearing a dark blue jacket when police transferred him to the Union County Jail on Saturday night; they declined to describe what he was wearing when he was arrested.

“7-Eleven was just one of many look-alike sightings,” Hawker said. “We had numerous sightings during the day. Citizens kept calling us saying they’d seen him here and there.”

Federal marshals were examining cash the man in the lumberjack coat used to buy a money order in Bergenfield to see if they could draw a connection to Vandever.

Vandever was serving a 40-year sentence in Connecticut for murdering a client who had caught him embezzling.

Because of his escape, he now faces federal complaints as well as a host of criminal charges in three states.

The arrest was a low-key finale to an occasionally frantic and sometimes antic manhunt that led hundreds of police with helicopters and dogs from Connecticut to New York to New Jersey and back again, tracking down dozens of false leads and at least twice letting Vandever flee from right under their noses.

On Saturday morning, Vandever apparently stole the car he was found with in Paramus when he returned to the Spring Valley, N.Y., motel where he had eluded FBI agents three days earlier.

Police said Vandever stole the 1984 Dodge Omni at 8 a.m. Saturday from an EconoLodge motel on Route 59.

The fugitive had been at the motel with a fellow escapee since a few days after their New Year’s Eve flight from Somers State Prison in Connecticut, about 100 miles away. They were recognized on Thursday afternoon by a motel resident, but fled when confronted by two FBI agents who apparently moved in before sufficient backup units arrived.

Vandever hopped a fence and bolted into nearby woods; his cohort, Ronald Rutan, ran but was arrested. Rutan was serving a 19-year term for burglary.

Police continued combing the area near the motel on Friday, with reporters in tow and often with unexpected results.

A man in a tattered green coat, described as looking like Vandever’s double, was stopped in Spring Valley three times on Friday by the FBI and police before he was finally cleared of suspicion.

“It’s crazy,” the man said. “These people have no idea what they’re doing. They made me miss my bus. ”

The focus shifted to Nyack, N.Y., later Friday, when a man wearing heavy makeup and carrying a fake bomb stole $10,000 from a drive-up bank teller there. Police still are not sure whether the robber was Vandever, or whether Vandever dressed as a woman during his flight.

As news of the manhunt spread on Saturday, the number of reported sightings some legitimate, some wild goose chases increased.

“It’s like a public phone booth in here,” a trooper at the special command center in West Nyack complained at one point. Officers on both sides of the state line followed up dozens of tips phoned in to police from Bergen, Passaic, Hudson, and Rockland counties.

At 10 a.m. Saturday, Vandever was seen in Clarkstown. At 11 a.m., he was in Upper Saddle River. At noon, he was in Closter. At 2 p.m., he was in Bergenfield, getting a $70 American Express money order at a 7-Eleven store. A half-hour later in Wayne, a suspicious hitchhiker answering Vandever’s description was spotted.

“He acted just like anybody else,” said the 7-Eleven cashier, who declined to give her name. “I guess he figured nobody knew him anyway. He was dressed like a regular guy. ”

Local police stopped by about 30 minutes later with photos of Vandever, whom the cashiers recognized, in part from his striking hazel-green eyes. FBI agents immediately followed, hot on the trail again.

At about 4:30 p.m., Paramus Officer Kenneth Ehrenberg, on routine patrol at Garden State Plaza, noticed the blue Omni in the shopping mall’s west parking lot. He called for backup, and waiting for Vandever, who emerged from the stores carrying no packages and got in the car.

“He returned to the car like an average person, got in the car, and at that point he was placed under arrest,” Ehrenberg said.

Vandever was convicted of killing a client, Ronald Hiiri of Stonington, Conn., who discovered that the stockbroker had been skimming his account.

Caption: PHOTO – STEVE HOCKSTEIN / THE RECORD – Fugitive suspect Frank Vandever, center, behind uniformed Officer Kenneth Ehrenberg, leaving Paramus police station Saturday night.

Notes: Late run version

ID: 17366395 | Copyright © 1992, The Record (New Jersey)

JAIL NEGOTIATIONS BOG DOWN OVER WHO SHOULD PAY

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By Michael O. Allen, Record Staff Writer | Saturday, December 21, 1991

The Record (New Jersey) | Two Star B |NEWS | Page A03

Negotiations over a lawsuit aimed at reducing overcrowding at the Bergen County Jail have reached an impasse over funding, the state Public Advocate’s Office says.

The office is expected to go back to court to pursue a class action suit filed on behalf of prisoners against the state and Bergen County in 1988. A hearing is scheduled for Jan. 3.

Negotiations, which had the advocate on one side and the state Attorney General’s Office and Bergen County on the other, had been going on for a year. Many issues, including a cap on the number of inmates, had been resolved, said Audrey Bomse, assistant deputy public advocate.

However, the talks broke down when the state and county feuded over who would pay the costs of meeting the terms of any agreement, Bomse said. “The hang-up is not coming from my end; the hang-up is coming from the county and the state. Both are saying the other should foot the bill,” she said.

State Corrections Department spokesman James Stabile declined to comment on the suit Friday. Bomse said the state maintains it does not have the money or space to move inmates who would be squeezed out of the jail as a result of the settlement. The county, however, says it could not make the improvements needed to meet the agreement at the current level of state funding.

Deputy Bergen County Counsel Murshell Johnson, who, with Bomse, holds out the possibility that an agreement can be reached before the court action resumes, confirmed that money is an issue holding up the settlement.

“You’ve got the executive order that gives the [corrections] commissioner power to house state prisoners in county facilities. However, the funding that is provided to house them is totally inadequate,” she said, adding that the $45 a day the state pays for each prisoner falls short of the $63 it costs the county to house an inmate.

Although it has a rated capacity of 423 inmates, the Bergen County Jail has 1,034. Under a state executive order signed in 1981 and renewed every six months, Bergen County is required to take 72 state prisoners. About 400 inmates are state prisoners.

Bomse said the state and county basically have agreed on a capacity of 800 inmates.

ID: 17364235 | Copyright © 1991, The Record (New Jersey)

AFTER THE KILLING SPREE, SUICIDE WATCH FOR SUSPECT

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By Bill Sanderson and Michael O. Allen, Record Staff Writers | Saturday, October 12, 1991

The Record (New Jersey) | All Editions | NEWS | Page A01

Joseph M. Harris, the fired postal worker accused of killing four people early Thursday, was under a suicide watch Friday in a single cell in the Bergen County Jail’s mental health ward, said Bergen County Sheriff Jack Terhune.

Harris, 35, of Paterson was being held on $1 million bail on charges of killing his former supervisor and her boyfriend in their Wayne home, and of later killing two employees at the Ridgewood post office. He surrendered to a SWAT team Thursday morning.

Harris was armed with two machine guns, several hand grenades, a samurai sword, and homemade pipe bombs when he was arrested.

Investigators were not sure Friday where Harris obtained his guns, or whether he had any gun permits. John J. Fahy, the Bergen County prosecutor, said two of Harris three weapons Uzi and MAC-10 semiautomatic rifles were assault weapons banned under a 1990 New Jersey law.

When the case is presented to a grand jury, the weapons offenses could be added to the list of charges against Harris, which include four counts of murder, two counts of attempted murder, two counts of kidnapping, and possession of hand grenades.

Fahy said he may seek the death penalty against Harris. He said he will ask prosecutors and investigators for advice on the matter, and that he would also consider psychiatric evidence from Harris defense lawyers.

A state medical examiner’s autopsy of Carol Ott, Harris former supervisor, shows she was stabbed four to six times in the upper body. The other victims Cornelius Kasten Jr., Johannes M. VanderPaauw, and Donald McNaught were gunshot victims.

Keywords: RIDGEWOOD; WAYNE; MURDER; MAIL; EMPLOYMENT; BERGEN COUNTY; PRISON

Caption: COLOR PHOTO – ED HILL / THE RECORD – Postal officer in Ridgewood Friday. Sign reads: “We thank you for your condolences at this difficult time. Please do not ask the window clerks any questions regarding the events of yesterday. Thank you.”

ID: 17357969 | Copyright © 1991, The Record (New Jersey)

KILLER’S REQUEST FOR PAROLE IS REJECTED

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By Michael O. Allen, Record Staff Writer | Saturday, August 10, 1991

The Record (New Jersey) | Two Star B | NEWS | Page A03

A request for parole by Christopher Righetti serving a life sentence for the 1976 rape and murder of a 20-year-old New Milford woman was rejected this week, the state Parole Board’s executive director said Friday.
Robert Egles said the panel, weighing the seriousness of Righetti’s crime, also ordered a hearing on whether his next eligibility date in three years should be delayed.
Kim Montelaro, a journalism and English student at the University of Rhode Island, had gone shopping at Paramus Park Mall when she was abducted on Aug. 31, 1976, raped, then stabbed several times in the chest. Her body was found in a ravine near Washington Township’s Pine Lake Beach Club a few days later.
Righetti maintained through most of his trial that the killing had been an act of self-defense or an accident. In a hearing to determine whether he would tried as an adult, Righetti, then 16, claimed Montelaro lured him into her car, had sex with him, then turned on him with his knife.
Righetti’s lawyer abandoned the self-defense claim on the last day of trial, saying his client should be convicted of manslaughter.
In appeals of his murder conviction, the last one in 1982, a public defender contended Righetti’s police lineup appearance was illegal. The evidence was insufficient to compel Righetti to appear in the lineup during the search for Montelaro’s killer, the lawyer said.
But Righetti’s alibi witnesses failed to show up during his trial and prosecutors proved a knife and sheath found at the scene matched items he admitted purchasing shortly before the killing.
At age 15, Righetti was released from the state Training School for Boys and Girls after serving 13 months for raping an 18-year-old woman in a Bergen County park in 1974. In March 1976, he accosted another woman at knifepoint and demanded a ride home, but charges were not pressed after authorities assured the victim Righetti would receive psychiatric help.

Keywords: NEW MILFORD; MURDER; PRISON; WASHINGTON TOWNSHIP; KIDNAPPING; PARAMUS

ID: 17352075 | Copyright © 1991, The Record (New Jersey)