An appeals court has reinstated the convictions of 2 former New Brunswick parking authority security guards, who now face prison Watch video
A parking deck in New Brunswick is seen in a file photograph. NEW BRUNSWICK -- An appeals court has reinstated the convictions of two former employees of New Brunswick Parking Authority for failing to report or prevent other employees from stealing thousands of dollars in parking fees.
The two-judge panel reversed Superior Court Judge Bradley Ferencz, now retired, who threw out the jury verdict that convicted Emil Hanna and Emad Naguib in 2013 of official misconduct.
The appellate judges rejected Ferencz's argument that there was no written rule in the Security Procedures Manual or adopted by the parking authority that the men, who were security guards, had to report other security guards' thefts to the parking authority.
In a 15-page decision released Tuesday, the judges agreed with the Middlesex County Prosecutor's Office that it was inherent in the position that both men held as security guards to report any illegal activity.
"In this case...a clear duty to report thefts from the NBPA was inherent in the defendants' job titles, as well as the Security Procedures Manual," the judges wrote in their decision.
The judges pointed out that the security guards routinely spelled the cashiers at the parking booths when the cashiers took breaks and handled money from patrons.
"If security guards regularly handled money, they had a duty not to steal that money and not to allow co-workers to steal it," the judges said.
The public defender's office, which represented the two men, argued the state couldn't appeal the judge's ruling because it would place the men into double jeopardy.
But, the appellate judges said double jeopardy does not apply in this case because Judge Ferencz threw out the jury's verdict and they were reinstating it. There was not going to be a new trial, only a sentencing, the judges said.
The jury that convicted Hanna and Naguib also acquitted the two men--Hanna of 12 other charges and Naguib of 10 other charges including counts of official misconduct, theft and misapplication of entrusted property.
Prosecutors produced evidence during the trial that Hanna, a security sergeant and Naguib, a security officer, failed to report or prevent thefts committed by other employees between July 1, 2007 and June 15, 2010.
Three others pleaded guilty in connection with the thefts.
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Authorities charged they stole between $5,000 and $75,000 in parking fees from automated payment machines and customers during their 10 p.m. to 4 a.m. shifts at the Ferren and Lower Church street parking decks.
The defendants argued they played no role in the theft of the money.
Hanna worked for the parking authority for eight years and Naguib for seven years before they were arrested in 2010.
The two men could face up to seven years in state prison when they are sentenced. They could appeal the decision to the N.J. Supreme Court.
The Middlesex County Prosecutor's Office had no comment on the decision.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.