Home Police, Fire & Courts Prosecutors Won’t Appeal Brick Superintendent Decision, May Try for New Indictment

Prosecutors Won’t Appeal Brick Superintendent Decision, May Try for New Indictment

Suspended Brick schools superintendent Walter Uszenski. (File Photos)
Suspended Brick schools superintendent Walter Uszenski. (File Photos)

Prosecutors in Ocean County decided against appealing a decision by Superior Court Judge Patricia Roe, who in February dismissed an indictment against suspended Brick schools superintendent Walter Uszesnski and delivered a scathing decision that excoriated prosecutors for failing to include evidence that could have exonerated Uszenski in a grand jury presentation.

The prosecution had until Friday to appeal the decision. Uszenski’s attorney, Joseph Benedict, said they did not do so. The prosecutor’s office did not reply to a request for comment by Shorebeat. Benedict said he did not expect the prosecutor’s office to appeal the decision.

Benedict, however, said that the prosecutor’s office has said “in writing” that they will seek a new indictment. Presumably, any new attempt to indict would have to include evidence that was left out of two previous grand jury presentations – specifically, evidence that shows Uszenski’s grandson was cleared by the state to attend a private school two years before his grandfather was hired as the district’s superintendent. The prosecution claims Uszenski illegally allowed his grandson to attend day-care at the school, which is located on Princeton Avenue.


After the last indictment was dismissed, Shorebeat exclusively revealed that the charges were initially brought after a bus driver who lost her job after leaving a child attended on a bus erroneously told Brick Mayor John Ducey that Uszenski’s son was being transported to a school in Forked River. Court documents have since established that the child attended Ocean Early Childhood Center on Princeton Avenue in Brick.

Benedict said charges against two other former Brick school administrators, Lorraine and Andrew Morgan have been completely dropped by the prosecutor’s office. Andrew Morgan had been accused of failing to reveal a past drug conviction on his job application, though the state has said he was cleared to work in schools under a diversionary program the Department of Education held in the 1990s.

  • Frank Rizzo

    sounds like he never should have been indicted to begin with…over zealous prosecutors loose cases they should never have made on people and cause a loss of confidence in the system. Look at the Baltimore cops charged with murder…never should have happened and now everyone thinks its a cover up.

    • J W

      They’re both cover ups you inbred klansmen. His grandson wasn’t supposed to get free day care. And people just don’t magically up and die in police vans.

      • john talty

        Maybe you could explain what his grandson was and was not supposed to get?

  • matheology

    It is time to stop this nonsense. It seems to be political. Does this cause the Brick taxpayers money?

    • Mac

      When one looks at how the judge was able to establish the lack of credibility of the prosecution so overwhelmingly, it just certifies the case was a political witch-hunt from the get-go, and will continue to be so as long as the daisy chain can still be bled and milked for all it is worth. I mean, every open end obligor for a position has a lofty expected return value, generally courtesy of the taxpayers.

  • Hbadger

    Money, this is probably is up to seven figures from time and resources allocated, so some politician can get a clean slate. OCPO officials are not there because they are good lawyers but just wore your knee pads the longest. They are messengers of a bigger agenda. Real problems haunting our county and this is the crap they are focusing on!

  • KaayC

    leaving a child “unattended”?

    • My understanding was that this was after the bus run ended.

      • KaayC

        K, but it says leaving a child “attended” so I thought it was a typo. A shame at any rate -such a waste of tax monies if prosecutors were not thorough.

  • Surfrider

    The “OJ team” did their duty once more! Again, tons of money wasted, which haunts all us tax payers in this inept county of inequity and corruption………….