E712 VercammenLaw News

1 Store manager permitted to use cell to record shoplifter

2. Appellate Division must follow fact finding by lower courts

3. Outdoor Community Events 9/5-9/15

4 HELP WANTED - Clerk for Law Office – – Answer phones, email interview forms, Witness Wills

5 Photos Higgins Irish cousins at Family housewarming

6 Belgium cousins at Family housewarming

7 Aug 2 Happy hour view to top at Headliner

Recent cases

1 Store manager permitted to use cell to record shoplifter State v. Perdomo

Defendant appealed her conviction for shoplifting. Defendant was charged with shoplifting after she was alleged to have pretended to make a product exchange when she actually had brought no merchandise into a store. Defendant's activities were recorded by surveillance cameras in the store, but because such videos were automatically deleted in about 30 days, the assistant store manager recorded the videos onto her cell phone to preserve them. Upon trial, municipal court found defendant guilty of shoplifting. On de novo review, trial court affirmed. Defendant appealed, arguing that the surveillance videos were inadequately authenticated, the store manager prejudicially described defendant as "a person of interest," and State failed to prove her guilt of shoplifting beyond a reasonable doubt. Court affirmed. The surveillance videos were properly authenticated where the store manager provided an ample foundation for the recordings. The manager had personal knowledge of many of the events depicted, was familiar with the store's routine for creating and storing surveillance videos, and offered justification for re-recording the videos to avoid their potential erasure. Nor was there reversible error in the manager's testimony explaining that store personnel were monitoring defendant's actions as a "person of interest." The term could suggest that defendant had committed shoplifting or other bad acts in the past, but it was not "clearly capable" of producing an unjust result in defendant's non-jury trial. Finally, State's proofs were ample to establish defendant's guilt beyond a reasonable doubt. Unreported A-0942-22 Source NJLJ 12/25/23

2. Appellate Division must follow fact finding by lower courts State v. Molina

Defendant appealed his conviction of the petty disorderly offense of disorderly conduct. Police were called by a bar owner when defendant allegedly refused to pay his bar tab. Defendant, who appeared to be inebriated, was generally uncooperative and had to be physically restrained by police. Defendant subsequently was charged with a petty disorderly offense for yelling and refusing officers' orders to leave the area. Upon hearing before municipal court, the charging officer testified, as did defendant and a witness that defendant proffered. Defendant maintained he was arrested without reason and that police escalated the encounter when he attempted to start recording with his cell phone. Municipal court deemed officer's testimony credible and rejected defendant's testimony as not credible. Municipal court found that defendant violated N.J.S.A. 2C:33-2(a), governing petty disorderly conduct. Upon de novo review, trial court accepted municipal court's findings and found defendant guilty of disorderly conduct.

In a subsequent amplification of trial court's decision, trial court rejected defendant's assertion, first made during trial de novo, that municipal court judge had a conflict of interest because he had served in the past as counsel for the township and its police department while sitting as municipal court judge. Trial court deemed defendant barred from pursuing the claim because he failed to raise it before municipal court. Defendant appealed. Court affirmed for substantially the reasons set forth in trial court's opinion and subsequent amplification. Court noted the limited scope of its review where trial court held trial de novo based on the record developed in municipal court. In addition, where trial court agreed with municipal court, the "two-court rule" had to be considered. Under that rule, appellate courts ordinarily should not undertake to alter concurrent findings of facts and credibility determinations made by two lower courts, absent a very obvious and exceptional showing of error. A-2474-21 Unreported Source NJLJ December 18, 2023

3. Outdoor Community Events 9/5-9/15

9/5 Pat Roddy Band Long Branch Pier Village Thursday 7pm

https://www.facebook.com/events/2269352436738883/

9/7 Edison Elks end of summer bash with band,

End of Summer Bash at the Edison Elks

Featuring: Grey Ghost Project Band

Saturday, September 7, 2024

Time: 1PM – 6:30 PM

Where: Edison Elks Pool and Grove

Cost: $20PP for Members and Guests and friends of Ken Vercammen

If you are not an Edison Elk, email Ken V to be added to our VIP guest list.

Hamburgers

Hotdogs

Salads

Corn on the Cob

Watermelon

Desserts

Water/Soft drinks

*Beverages available for purchase

Pool is open!

Food/Dessert Donations Welcome

4PM Cannon ball contest

6PM Super 50/50 drawing

5:59 pm Elks sing God Bless America

https://www.facebook.com/photo/?fbid=10224777391973131

9/10 Woodbridge John Mellencamp Tribute Human Wheels 7:30

7:30 PM

http://www.woodbridgeartsnj.org/tribute-tuesdays.html

September 11, 9/11 Remembrance Run 6pm

Belmar, NJ – JSRC Event boardwalk 3 mile not a race free

https://www.jsrc.org/9-11-memorial-run

then Friendly Sons of the Shillelagh FSOS Belmar

815 16th Ave, Belmar, NJ 07719

September 12, 2024 Endless Summer Networking Reception

New Jersey Association for Justice

6:00 pm - 8:00 pm Thursday,

The Rum Runner

Sea Bright, NJ

Join your colleagues to network with food and fun.

All are welcome to attend.

Hosted by the NJAJ Matrimonial Trial Lawyers Section.

https://www.nj-justice.org/?pg=events&evAction=showDetail&eid=284662&evSubAction=listAll

9/13 Monmouth and Middlesex Bar Associations YLC Volleyball Tournament

Headliner 1401 NJ 35, Neptune, NJ, United States

Join us at the Headliner for the Monmouth Middlesex Bar Associations Volleyball Tournament Friday, September 13th starting at 6:00 P.M. Cost: $150.00 per team or $25.00 a player Spectators $20.00 https://secure.lawpay.com/pages/monmouthbarassociation/volleyball-tournament Light fare and two drink tickets INCLUDED!

RSVP by 9/6/2024

Sat – September 14th @ 9:30 a.m.

Bar Foundation Tennis & Pickleball Outing

Ronald Spevack Memorial Tennis Center

56 Brighton Ave, Perth Amboy

9:30am registration

10am-1:30pm round-robin co-ed play

Refreshment & light snacks to be provided

Open to bar members, family and friends

$50 per person

https://www.mcbalaw.com/events/EventDetails.aspx?id=1663812&group=

Sat – September 14th

1/2 to St. Patrick Friendly Sons of the Shillelagh FSOS Belmar

3pm-8 Members only

9/14 Earth, Wind & Fire and Chicago PNC

9/15 Springsteen at Sea Hear Now Asbury Park via boat

4 HELP WANTED - Clerk for Law Office – – Answer phones, email interview forms, Witness Wills, misc. law office duties

$15.00 per hour start

Set Hours to be set by person between 8:50am-2pm. Selected applicant will work out their schedule to be the same each week .

Minimum 12 hours per week. This is in person, not virtual

TYPICAL LAW OFFICE DUTIES

-Telephone Answering

-Email Interview forms

-Witness Wills

-Adding client names to computer database, open files, prepare letters, and work on client Estate Planning matters.

-Helping clients in probate cases and adding checks to excel list

- Preparation of documents on Computer and email to courts

-General Office duties in Law Office

-Update mailing/ client lists and learn marketing

-All other work needed including working on litigation cases

A good way to learn NJ Law Office procedures

Must be dependable and committed to perfection.

Email Cover Letter & Resume to Law Office of Kenneth Vercammen Vercammenlaw@njlaws.com

Check out our website at www.njlaws.com to see more information on our law office.

Persons interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients.

WILLS & PROBATE PRACTICE

1. Act as formal witness to Wills, Power of Attorney and other legal documents

2. Work on Motions to remove executors and compel accounting

3. Publicize Will seminars and attend programs free of charge

Work on Community Relations and marketing projects including submitting articles to legal websites and search engines and Blogs

Work on Criminal, Municipal Court and DWI cases:

1. Contact Municipal Prosecutors to obtain discovery and police reports

2. Contacts with Court and County Prosecutor’s Office

3. Prepare hearing notice to clients

4. Speak with clients and witnesses prior to hearings

5. Prepare end of case letters to client

6. Attend hearings and motions