November 13, 2010
Earl Meyer & Bernie Sayers
All charges dropped against two local veterans
Vineland Municipal Court Judge John A. Kaspar dropped all eleven criminal harassment charges against Earl Meyer and Bernie Sayers on Wednesday, November 10th at the Vineland Municipal Courthouse.
The multiple cross charges between Meyer, Sayers and Tamara McGinley of Fortescue began when Meyer called the New Jersey State Police to his residence on the Fortescue Road because McGinley was sitting on the hood of her vehicle across from Meyer's home. While screaming and waving her arms at him she tells Meyer that she is a war protester and that she knows her rights.
A New Jersey State Trooper who was called told McGinley that she would have to remove her car from the shoulder of the road and stop protesting in front of Meyer's home without a permit.
You can watch a short video of McGinley in a video Meyer took from his driveway. See the video here. See the police report here.
After an individual review of all eleven complaints filed against the two men, Judge Kaspar dropped all of the charges.
The charges were deemed as lacking in legal merit. Judge Kaspar pointed out to McGinley that it was not a crime to drive on a public street and it was not a crime to take pictures in a public place.
McGinley's charges went from the bizarre to the ridiculous.
McGinley charged Meyer with driving past her house at a low rate of speed more than 55 times in one month.
Judge Kaspar pointed out to Ms. McGinley that because New Jersey Avenue is a public right of way, Mr. Meyer could drive down the road 55 times in one day if he wanted.
McGinley also charged Mr. Meyer with driving by the Lawrence Township Court building while court was in session. [Read that sentence again.]
Ms. McGinley charged Mr. Sayers with taking videos of her and posting them on YouTube. In another charge, McGinley claimed that Sayers was secretly video taping her.
It is puzzling to understand why McGinley would use the word "secretly" in reference to the filming when two minutes into the first video she jestures to his camera and is heard saying "...having that camera in your hand."
In the first of Mr. Sayers' videos McGinley can be seen and heard giving him unconditional permission--more than five times!--to put his material onto the Internet. The first video and a transcript of it will be available soon.
Harassment charges for driving past a court house while court is in session is bizarre but Ms. McGinley topped those charges by making additional charges against both men using this wording in her charges against Mr. Sayers:
"Harassment- Continued disturbing repetative behavior after being told 'No Contact' by Pros. Specifically driving by my home in (an) alarming manner causing me to fear for my safety."In the context above, "Pros." means Prosecutor and is referring to the Bridgeton Municipal Court Prosecutor, Chris D'Arrigo. Ms. McGinley is claiming in the charge that Mr. D'Arrigo issued a 'No Contact' order against Mr. Meyer and Mr. Sayers.
"Harassment- Escalating intimidation after being told "No Contact" by Pros. causing me to feel stalked."
Michael Testa, attorney for Mr. Meyer, pointed out to the court that only a judge has the power to issue a restraining order--which such a 'No Contact' order would be.
Under questioning, Ms. McGinley admitted that she had nothing in writing and could not prove that a "No Contact" order was issued.
She told Judge Kaspar, "I misspoke."
Mr. Testa quickly pointed out that Ms. McGinley did not misspeak: she lied.
Mr. Testa asked that Judge Kaspar immediately read Ms. McGinley her Miranda rights and charge her with perjury.
Fortunately for McGinley, Judge Kaspar chose not to charge her with four counts of perjury.
No restraining order was ever issued against either man.
Judge Kaspar dismissed ALL charges against Mr. Meyer and he dismissed ALL charges against Mr. Sayers.
Mr. Meyer and Mr. Sayers both dropped their charges against Ms. McGinley.
Copyright © 2010 Bernard Sayers