Dalal faces life in prison if convicted.
By The American Bazaar Staff
NEW YORK: A New Jersey appeals court has ruled that Aakash Dalal, of Bergen County, facing trial on charges that he participated in firebombing Jewish facilities and for conspiring to kill a prosecutor, should have his case presided over by a judge from outside the county.
A three-judge Appellate Division panel said the decision to have a judge from another county preside over the case was because prosecutors also intend to present evidence that the defendant, Dalal, also threatened to kill Presiding Criminal Part Judge Liliana DeAvila-Dilebi and Judge Patrick Roma, who set Dalal’s $4 million bail, reported the New Jersey Law Journal.
Appellate Division Judge Clarkson Fisher Jr., joined by Judges Thomas Manahan and William Nugent, said on November 21 that while they believed a judge from Bergen County could preside over the case fairly and impartially, a judge from outside should be brought in to avoid the appearance of impropriety or a conflict of interest.
Dalal has not been charged with any crimes relating to the threats to the judges.
In its published ruling, the appeals court left it up to Bergen County Assignment Judge Peter Doyne to determine whether the case should be transferred to another county or whether to bring a judge in from another county.
The appeals court reversed a ruling by Bergen County Superior Court Judge Edward Jerejian, who had denied the transfer motion made by Dalal’s attorney, Brian Neary, the Journal said in its report.
Jerejian had ruled that defendants could not force judges to disqualify themselves merely by threatening them, labeling it the “crudest form of judge-shopping.”
Fisher said the appeals court judges were compelled to disagree with Jerejian’s ultimate conclusion.
Dalal, 22, of New Brunswick, was arrested in early 2012 and charged with taking part in arson and firebomb attacks on synagogues and Jewish facilities in the county. Prosecutors said Dalal used electronic communication to plan the attacks and encourage co-defendant Anthony Graziano of Lodi to set several facilities on fire, reported NorthJersey.com.
Most of the attacks failed, but in one, Graziano is accused of throwing a Molotov cocktail into the living quarters of Congregation Beth El in Rutherford, where a rabbi lived with his family. Prosecutors said the rabbi suffered hand burns while he tried to put out the fire as his family escaped unharmed.
An indictment accuses Dalal of bias intimidation at a Maywood synagogue, criminal mischief for allegedly spray-painting anti-Semitic graffiti on a Hackensack synagogue, three counts of conspiracy to commit aggravated arson, two counts of aggravated arson, three counts of bias intimidation, possession of a destructive device, a Molotov cocktail, attempted arson, hindering apprehension and terrorism, the report said.
Dalal, who is being held on $4 million bail, also was charged in a second indictment with conspiracy to murder a Bergen County assistant prosecutor, conspiracy to possess an assault firearm, and making terroristic threats.