Cop cleared of rapes is fired; appeal in works By elaine van develde Staff Writer MIDDLETOWN — Being cleared of criminal rape charges lodged by two separate women was not enough to keep police officer Christian Cofone on the beat. Despite a court ruling exonerating him this past winter, Cofone was brought up on administrative charges and terminated from his job in June. Not willing to walk away from the situation without a fight, he appealed the township’s administrative decision through the state Department of Personnel’s Merit System Board, Cofone’s attorney Norman Hobbie, Eatontown, said. "His hearing before an administrative law judge will start in August," Hobbie added. "There will be a full hearing with witnesses. The township had an advantage with its internal hearing. There was only one witness testifying who is a township employee, and the person presiding over the hearing (Township Administrator Robert Czech) is also employed by the township." Cofone worked as a police officer in the township since 1999. The alleged rapes occurred in the fall of 2000. The criminal case was heard on Dec. 23, 2002, and Cofone was cleared of all charges the same day. Despite the innocent verdict in criminal court, state civil service law says that when any civil servant has been indicted, they cannot return to work until a departmental investigation and hearing are held. The administrative hearing was tabled until the criminal investigation and trial were complete, Czech said last winter. Cofone had been suspended with pay since March 2001 pending the administrative investigation and hearing in June. The investigation found Cofone guilty of conduct unbecoming of a police officer and served as the basis of his termination. "We think that the termination was unwarranted and inappropriate," Hobbie said. "But we understand the process." Police Chief John Pollinger was unavailable for comment as of press time. However, in the past, Pollinger has said that with the matter still unresolved, "commenting in one way or another would be inappropriate." The alleged victims in the rape case filed a civil suit against the township because Cofone was in its employ when the alleged incidents occurred. The incidents, however, allegedly occurred when Cofone was off duty. In general, civil, administrative and criminal cases are held to different standards of proof, said Czech, who is also an attorney. At the time, Czech said he was speaking only to general legal procedure, not to this case in particular. Guilt must be proven beyond any reasonable doubt in a criminal case, while in a civil case and administrative hearings certain types of hearsay are admissible. As for the Merit System Board appeal hearing, Hobbie said, "We anticipate a very aggressive defense. We are fortunate to have a fine administrative law judge, Anna Viscomi, presiding over the case. We’re confident that justice will prevail."