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Suspect indicted for lewdness at bus stop OnDec. 28, aMonmouthCounty grand jury returned an indictment against Michael Carlucci, 23, of Holmdel, according to the Monmouth County Prosecutor's Office.
Carlucci was arrested on Sept. 27, 2007, upon being observed engaging in unlawful sexual activity in the presence of juveniles, according to a press release from the Prosecutor's Office.
The indictment charges Carlucci with second-degree sexual assault, fourth- degree lewdness, fourth-degree criminal sexual contact and third-degree endangering the welfare of a child, the press release states.
If convicted, the second-degree charge carries a maximum potential state prison sentence of up to 10 years, the third-degree charge carries a maximum potential state prison sentence of up to five years, and the fourth-degree charges each carry amaximum potential state prison sentence of up to 18 months, according to the Prosecutor's Office.
Carlucci's arrest followed an investigation conducted by the Holmdel Township Police Department after the department received information that aman oftenwaited outside of his home near a school bus stop at the end of the school day, and that as the children walked by after getting off the bus, hewould expose himself while also touching his own body parts, according to the press release.
Holmdel police conducted surveillance of the area of Billingsgate Drive in the Palmer Square townhouse complex.According to the press release, aman, later identified as Carlucci, was observed allegedly exposing himself and also touching his private partswhile a child who had just gotten off a school bus walked directly past him.
Carlucci was placed under arrest, and continues to be held at the Monmouth County Correctional Institution in Freehold in lieu of $25,000 bail.
The indictment alleges thatCarlucci committed the crimes from the beginning of the current school year until his arrest on Sept. 27.
The children who were transported on the school buswere approximately 12 and 13 years of age, the press release states.
"It should be noted while Carlucci is alleged to have committed acts of 'contact' and 'assault,' it is not alleged that he had any physical contact with any of the children," the press release states.
"The terms 'contact and 'assault' as they appear in the indictment are defined in such a way under New Jersey criminal law that as to include contact by the actor with himself in the presence of third parties under certain circumstances," it continues.
Monmouth County Prosecutor Luis A. Valentin stated, "Today's indictmentwas the result of a prompt and efficient investigation by the Holmdel Township Police Department, and would not have been possible without the cooperation of the victimand the victim's family."
Assistant Monmouth County Prosecutor Maria M. Franceschini is prosecuting the case. Carlucci is represented by attorney John Koufos, of Brick Township.
According to the Prosecutor's Office, despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by theU.S.Constitution and state law.
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