Charges against former councilman are dismissed
Death of prosecution’s key witness prompts feds to drop case
BY JENNIFER DOME
Staff Writer

Steven Cucci

Charges against former Brick Township Councilman Steven Cucci alleging he transported child pornography over the Internet have been dismissed.

Cucci, an attorney in the township, said last week that the accusations have been detrimental to his life, but he’s moving on.

“I’m just happy that the government took another look at the case,” Cucci said.

Federal agencies accused Cucci of possessing child pornography on his home computer and e-mailing 11 messages with attached pictures of minors engaged in sexual acts to an unnamed Toms River resident in February 2002. A search of his home computer by state police in June of that year allegedly yielded six such images on his hard drive and a text message sent to a 16-year-old New Jersey girl suggesting they engage in a sexual act.

U.S. District Court spokesman Greg Reinert said last week that the charges were dismissed because of the death of the prosecution’s key witness — Cucci’s ex-wife.

“A decision was made that we couldn’t go on with the case,” Reinert said.

Cucci confirmed that his wife, Theresa, was living in Hawaii when she died in April.

“It’s been my position that she set me up the whole time and that’s still my position,” Cucci said, stating that his ex-wife had access to his home computer.

U.S. Magistrate Judge Tonianne Bongiovanni accepted the $100,000 bail recommended by Assistant U.S. Attorney Donna Krappa in June 2003. As a condition of his bail, Cucci’s travel was restricted to New Jersey and Florida, where members of his family reside. He was also restricted from any contact with minors unless accompanied by an adult.

Cucci’s computer use was limited strictly to business purposes and Bongiovanni warned that his computer files may be checked randomly by investigators.

The same charges were lodged against Cucci after a 2002 investigation by the N.J. State Police when a computer was seized from Cucci’s Circle Drive home. A state grand jury failed to indict Cucci on the charges, leaving his attorney and colleagues to believe the situation was over. Cucci’s attorney, Stephen Secare, has said that federal authorities unexpectedly contacted his office with the complaint on May 23, 2003.

The charge of transporting child pornography carries a maximum 15-year prison sentence, while its possession carries a five-year term. Both charges are punishable by maximum $500,000 fines.

Cucci resigned from his council seat in June 2003, five months before he was up for re-election. He declared his innocence while announcing his resignation, stating that he was confident the charges made against him would be cleared.

Cucci was first elected in 1999 and served as the council’s president in 2002.