WASHINGTON, N.J. – Some plea deals never come to light. 69 News Reporter Priscilla Liguori uncovered one from the 1980s with stunning promises to a criminal. She explains how victims are still dealing with the impacts today.
Some may call it a deal with the devil.
“It’s so egregious,” said Attorney Jeff Russo, a partner at Russo Law Offices.
Secrets of the past have been revealed decades later. A plea agreement from 1987 just became public as part of an ongoing civil case. The documents are all online and include transcripts with disturbing admissions from the late Warren Hills janitor and wrestling coach Frank Mecsey.
“Essentially, he entered into an immunity agreement, so it didn’t matter if there were 50 other victims, zero victims, one victim,” said Russo.
Russo represents a man suing the Warren Hill School District for allegedly turning a blind eye to Mecsey, who was an admitted child sexual abuser.
In preparing for that case, Russo came across an agreement unlike any he’s seen before. The agreement guarantees Mecsey, “the state will not pursue the investigation or prosecution of any previous sexual assault cases.”
“Can you imagine a victim coming in, saying, ‘I was sexually assaulted. I was raped, and the prosecutor’s office say, ‘sorry, we agreed that we wouldn’t investigate,” said Russo. “It’s just unbelievable.”
Russo’s client, a former student, insists Mecsey repeatedly raped him in the 1970s.
69 News reached out to the school district to see if law enforcement’s approach affected how it handled things.
The administration, different all these years later, said it couldn’t comment, given that civil case regarding responsibility is still underway.
“Somebody knew something. Otherwise, it’s not in a plea,” said Russo.
That plea put Mescey behind bars for four years. Then, he moved to Phillipsburg and reoffended, pleading guilty again.
It’s unclear how many children he abused.
“The prosecutor’s office has a duty to investigate all crimes, especially childhood sexual assault, the worst of the worst,” said Russo.
Prosecutors have a duty, but also, the power to choose what to investigate, says Rutgers University law professor Thea Johnson.
“The U.S. criminal justice system is set up to give police and prosecutors huge amounts of discretion,” said Johnson.
Johnson says while it’s common for pleas to dismiss other charges, it’s unusual to promise you won’t investigate other cases.
“Indicates that maybe the government did not have a full understanding or a full accounting of other crimes,” said Johnson.
So why did the Warren County Prosecutor’s Office make that vow?
“36 years ago, I really can’t comment as to what that prosecutor was thinking about at that time,” said current Warren County Prosecutor Jim Pfeiffer.
Pfeiffer wasn’t there.
He noted several factors go into pleas, including evidence and witness cooperation.
While we may never know what went on behind closed doors, Pfeifer disclosed there’s no record that office heard from anyone whose account would have been ignored, due to the agreement.
“It’s important to note, the prosecutor’s office now, very aggressively prosecutes sexual assaults,” said Russo.
“I can absolutely tell you that the most cases we have on our trial lists are the sexual assault cases,” said Pfeiffer. “It’s not unusual to have cases that are, you know, 10-15 years old…Victims deserve justice.”
While painful, sometimes detrimental impacts on victims can linger, the justice system and society are shifting.
“This plea happened at a historical moment where sex assault, even of kids, was not always treated with the sensitivity or the seriousness that it probably should have been,” said Johnson.
“Thankfully, times are changing,” said Russo. “Victims are saying, ‘Hey, we’re seeing what’s happening here. We can come forward, we can take the power back.”
That can prompt a sense of peace, potentially, more valuable than anything on paper.
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