Jurors at the theft trial of former Perth Amboy Police Chief Benjamin Ruiz saw video filmed at the garage by a police mechanic.
NEW BRUNSWICK -- With continual objections and sidebar stoppages, the prosecutor and defense lawyer tussled on Wednesday in the second day of trial for former Perth Amboy police chief Benjamin Ruiz, who is accused of using police department mechanics to repair personal vehicles and engaging in witness tampering.
The day was riddled with objections from Ruiz's lawyer, Brian Neary, as Middlesex County Assistant Prosecutor Christine Marie D'Elia questioned her witnesses throughout the day. During one of Neary's objections, D'Elia responded in a vexed tone, saying, "I can ask it another way, judge" during her questioning of a witness.
Ruiz charges stem from three separate incidents between Dec. 8, 2013, and July 29, 2014, in which Ruiz allegedly instructed city mechanics to work on his motorcycle, his 1964 Mustang, and his friend's car when the workers were supposed to be working on city vehicles.
Then, in January 2015, he allegedly tried to get a witness to lie to police during their investigation, previous reports said.
Toward the end of the day, D'Elia called Perth Amboy Acting Police Chief Lawrence Cattano to testify. Cattano took charge of the department earlier this year after the city terminated Ruiz from his post.
Cattano said he recalled in December 2013 seeing an "older classic Mustang in the police garage" that he said belonged to Ruiz.
"There was a period of time in 2013 where there was an older classic Mustang in the police garage that was on the uplift," Cattano recalled.
She asked him to whom did the car belong.
"It was Chief Benjamin Ruiz's," he responded.
"Were there mechanics (present) at the time?"
"Yes," he said.
She asked him if he saw the mechanics performing work.
"I don't specifically recall," he said.
She asked him if it might refresh his memory if she showed him a statement he had previously given to investigators that work had been conducted.
At which point, Neary exclaimed, "Objection -- he just said he didn't recall."
Superior Court Judge Diane Pincus, who presided over the trial, called D'Elia and Neary over to the side.
Pincus allowed D'Elia to show Cattano his statement, but even after viewing it, he maintained that he "did not specifically recall" the mechanics performing work on the Mustang, only that he had seen the Mustang in the police garage with mechanics in the vicinity.
D'Elia continued with her questioning.
"Do you know if personal vehicles are allowed to be worked on by police mechanics?" she asked.
"No, they are not," Cattano responded.
Cattano also said he had seen Ruiz's personal motorcycle at one of the police department's garages around the time.
Earlier in the day, Miguel Garcia, a 10-year mechanic at the city police department, was called to take the stand for the second time. Garcia previously said he had been instructed to work on Ruiz's personal motorcycle. And, he said he filmed police mechanics working on Ruiz's 1964 classic Mustang in the police garage during work hours.
His personal video footage, which he said he filmed using his cellphone, was played for the jury during the proceeding.
During cross-examinarion, Neary peppered Garcia with questions about whether he was allowed to be filming members of the police department.
"Do you know that there are regulations that you can't videotape other members of the police department? Were you aware there was a rule?" Neary asked.
"No," Garcia responded.
The trial is scheduled to continued at 9 a.m. on Thursday.
Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.