Former Edison police officer Michael Dotro and his wife, Alycia, are charged with official misconduct in connection with causing $500 in damage to a the property of an Edison woman.
NEW BRUNSWICK -- Attorneys representing a former Edison cop and his wife plan to file motions to dismiss charges of official misconduct lodged against their clients in connection with a criminal mischief incident.
Michael Dotro, who faces attempted murder charges in an unrelated case for allegedly setting fire to a superior's home, is accused of causing at least $500 in damage to the property of an Edison woman in March 2013.
The Star-Ledger previously reported that Dotro was a suspect in a tire-slashing incident involving a woman who worked in the Edison Police Department's violations bureau.
Dotro and his wife, Alycia, appeared before Judge Pedro Jimenez on Monday in Superior Court in Middlesex County.
Authorities claim Dotro accessed the Edison Police Department's computer database to get information regarding the criminal mischief incident, and then shared the information with Alycia Dotro.
Attorneys representing both clients will seek to dismiss charges of official misconduct in the 12-count indictment.
Michael Dotro's attorney, Robert Norton, said there "is no electronic footprint" that Dotro accessed the Edison police database.
Richard Incremona, who represents Alycia Dotro, argued his client is not a public official and therefore can't be charged with official misconduct.
Middlesex County Assistant Prosecutor Russell Curley, citing a previous state case, said someone who is not an official can assist a public servant in a crime and be charged with official misconduct. Incremona argued his client's alleged involvement did not rise to the level of the case Curley referenced because Alycia Dotro did not have any knowledge of her husband allegedly accessing the database.
"We have essentially a question and an answer by way of text (message) of 'Have you seen the report?' That's really what it comes down to. ... That's all she says," Incremona said.
The indictment also charges Michael Dotro with official misconduct for having marijuana, brass knuckles, an airsoft pistol and a blackjack in his police duty bag while at work.
Norton told Jimenez he is waiting to see the items and then plans to file a motion to dismiss the official misconduct charge. Those items weren't in Dotro's possession in his capacity as an officer, Norton said.
Both attorneys have until Jan. 20 to file their motions. More details on the lawyers' positions are expected to emerge once those documents are filed.
The criminal mischief incident occurred just days before Dotro allegedly set fire around 4 a.m. on May 20, 2013 to the home of Mark Anderko, a captain who was later promoted to deputy chief.
Anderko was asleep with his wife, his two young children and his 92-year-old mother. They all escaped the home unharmed.
Dotro, who was a nine-year veteran of the Edison police force, faces attempted murder and aggravated arson charges in connection with the firebombing incident. Dotro has pleaded not guilty to the charges.
The officer allegedly torched Anderko's home after the captain reportedly ordered him to undergo a psychological evaluation following his 11th excessive force complaint.
In a separate case, Dotro, along with four other officers, pleaded guilty in September for their roles in a plot to retaliate against a North Brunswick police officer who cited one of the officer's relatives on a drunk driving charge.
Dotro was also charged in November for plotting with another officer to set fire to a different Edison police captain's home. The two never acted on the plan and no one was injured, authorities said.
Dotro now faces charges of aggravated arson and yet another official misconduct offense related to the April 2013 incident. He has pleaded not guilty to the most recent charges. He remains free on $1.6 million bail.
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.