Judge nixes probation, gives Scarpelli jail time
Former four-term mayor headed to federal prison next month
BY PATRICIA A. MILLER Staff Writer
Former Mayor Joseph C. Scarpelli will be spending the next year and a half in jail starting on Jan. 28.

Joseph C. Scarpelli

That's the day Scarpelli has to turn himself in to the federal Bureau of Prisons to serve his term on corruption charges at a yet-undetermined federal prison. Until then, he is free on $50,000 bail.

And Scarpelli will "survive," said his lawyer, attorney Michael T. Nolan, of the Brick law firm of Kelly, Nolan & White.

U.S. District Court Susan D. Wigenton sentenced the four-term former Democratic mayor to 18 months in federal prison, three years of supervised release and a $5,000 fine on Dec. 17.

"He had the courage to accept responsibility for his wrongdoing back in January," Nolan said after the Dec. 17 sentencing at the federal courthouse in Newark. "He has the courage to accept the court's judgment and he'll survive."

All four of Scarpelli's grown children - three sons and a daughter - attended their father's sentencing. Dorothy; his wife of more than 40 years, did not.

"It was really just too painful for her to be there," Nolan said.

Stephen Acropolis

Scarpelli pleaded guilty in federal court last Jan. 8 to one count of accepting and agreeing to accept cash payments in exchange for official action.

He admitted he accepted at least $5,000 in bribes from an unnamed developer between 1998 and 2003.

Authorities have not disclosed the developer's name.

Nolan argued before Wigenton that Scarpelli's "good works" over 30 years as a public servant should be taken into consideration. He asked the judge for probation, not jail time."

"We were hoping to convince the judge a different result was warranted," Nolan said after the hearing. "The gist of my argument was that the man should be judged on the sum total of his deeds, rather than one component, one bad act."

But that rationale meant little to Township Councilman Daniel Toth.

"He [Scarpelli] reaped what he sowed," Toth said. "Now it's up to Steve Acropolis and the council people as well to rid the black eye on our township. It's behind us. So let's move forward."

Republican Mayor Stephen C. Acropolis, who was often at odds with Scarpelli over the past few years when he was a councilman, said he took no joy in Scarpelli's downfall.

"It's not a happy day, whether he was a political adversary of mine or not," Acropolis said. "This transcends politics. I think this is part of the cleansing process we have to go through to restore the confidence of the people in Brick Township. Now it's up to us as elect officials to make sure everything is done in the light of day, done with public input, done for the service of the public."

Wigenton had received letters from "a number of people" in town who wrote on Scarpelli's behalf, Nolan said.

"They were letters testifying that Joe has in so many ways touched so many lives and done so many positive things," he said.

Scarpelli could have received up to 30 months in prison, according to sentencing guidelines, he said.

"So clearly, he got a year less than what he realistically could have gotten under the guidelines," Nolan said.

Wigenton made a recommendation that the former mayor be allowed to serve his time at the minimum-security Fort Dix facility in New Jersey, Nolan said.

"But that's ultimate up to the Bureau of Prisons," he said. "His wife is not in the best of health. His children are all here. It would be in the best interest of the family. They have suffered immensely as a result of all this."

Chances are Scarpelli will serve almost all his sentence time, since parole has been abolished in the federal system.

"I don't care whether it's 18 days or 18 months," Acropolis said. "He has to serve 90 percent of the sentence under federal guidelines. It's not a pleasant experience."

The former mayor also wrote a letter to the court, apologizing to the people of Brick Township and his family, Nolan said.

"The judge commented that it was very touching and very heartfelt," he said. "He is truly remorseful and the judge did take note of that."

The judge declined to release Scarpelli's letter, Wigenton's secretary said Monday.

Nolan said he expects that the state Pension Board will move to permanently revoke Scarpelli's pension soon.

The Pension Board took just five minutes to suspend his $1,825-a-month pension and his health benefits back on Feb. 20.

"This is how he is going to be remembered," Nolan said "This is a man who has done so many good things. Instead, he will just be remembered as a former mayor who resigned in disgrace. That's what his epitaph will be."

Scarpelli resigned abruptly on Dec. 8, 2006, for what he said then were "personal reasons." He pleaded guilty in federal court one month later.