The Cleary's Court Case Postponed Once Again
Monday, January 29, 2024
By William E. Cleary Sr. CNBNews Staff
GLOUCESTER CITY, NJ (January 29, 2024)--The Cleary’s appearance in Gloucester City Municipal Court on Tuesday, January 30, has been postponed. The father, William E. Cleary Sr., and his son, William E. Cleary Jr., were charged with theft and trespassing for taking a children’s bench that was lying in a trash pile behind the Cold Springs school complex. When they learned it was not trash, Cleary Sr. called the police, and the item was returned. Cleary Sr., 79, is the former editor of the Gloucester City News and Camden Country Record. Presently, he is the owner and editor of CNBNews, a daily news blog founded in 2006, https://www.gloucestercitynews.net/clearysnotebook.
The January 30 court date was supposed to be for Discovery. However, last Friday, the Cleary’s attorney, Justin Moore, whose office is in Collingswood, received an email from Gloucester City Prosecutor, Andrew Viola, offering the duo a plead agreement. If they plead guilty to the city’s noise ordinance, a lesser charge, the court would drop the theft charge and trespassing charge. The fine for violating the noise law is $500 per person.
Regarding the Discovery, the prosecutor's only witnesses for the city were the two Gloucester City Police officers: Officer Bennett, who responded to Cleary Sr.'s call, and Officer Green, who signed the complaint against the Clearys.
The Clearys decided to turn down the prosecutor’s offer and go to trial.
Related: Link to City's Noise Ordinance
On Monday, January 29, the prosecutor emailed Moore to say the case was adjourned from Tuesday's January 30 court docket for another date yet to be determined.
On Monday afternoon, Moore emailed Viola, "I am not requesting an adjournment if both of the officers are under subpoena and available for tomorrow, Tuesday. If both officers are available, then we can still move forward with the trial. "
Viola wrote back, "The case is adjourned. Will be listed for a trial date."
WHY HASN'T THE VIDEO BEEN REMOVED?
On the 10th of October, 2023, the Gloucester City Police Department posted a video on its Facebook page that captured the Clearys taking a metal bench from a pile of discarded items behind Cold Springs School. The video's caption, which read, "The GCPD is investigating a robbery from Cold Springs School; if you recognize the individuals or vehicle, etc.," falsely implied that the Clearys were thieves. Despite clarifying to Officer Bennett that the other man in the video was their son, the caption on the video still stated that the police had identified one person but not the other.
After Bennett visited Cleary's' house, they expected the police department to correct the mistake and remove the video, but even now, it is still being played on the City Police Department's Facebook page. Cleary’s Sr. said, “Why is the video still being played? Why haven’t the police removed it? The video is not only misleading but also paints my son and me in a bad light.”