Judge accuses Somerset prosecutor of delays

Documents are at issue in Bound Brook chief case
Thursday, April 27, 2006
BY MATTHEW J. DOWLING
Star-Ledger Staff

A Superior Court judge ordered the Somerset County Prosecutor's Office yesterday to turn over additional
documents for any investigations of Bound Brook's suspended police chief prior to the probe that led to his
October 2004 arrest on official misconduct charges.

Judge Frank Gasiorowski admonished the prosecutor's office in a heated exchange for not being forthcoming with
information and causing delays in the case against Kenneth Henderson and Bound Brook restaurant owner Rafael
Rosario.

"You know damn well what they're asking you for," said Gasiorowski, who is known for his frank courtroom talk. "I'm
troubled by the fact that you're reluctant to provide this information. It's not about gamesmanship."

Somerset County Assistant Prosecutor Matthew Murphy said his office has turned over more than 4,700 pages of
documents involved in the cases against Henderson and Rosario and has complied with all court evidence rules to
date.

"I've given him everything I have. I have nothing else," Murphy said. He noted that some of the requested files were
with other governmental agencies, not the prosecutor's office.

As a result, Gasiorowski granted Henderson's attorney, David Fassett, several subpoenas to probe the records of
Somerset County, Bound Brook and the state Division of Alcoholic Beverage Control.

The official misconduct charges against Henderson and Rosario stem from an ABC raid of Rosario's restaurant,
the Cafe Imperial, on Oct. 17, 2004. Prior to the raid, Henderson was advised of the investigation, prosecutors said.

Henderson was working an off- duty shift at the Cafe Imperial at the time and told Rosario that the ABC was en
route to the bar, prosecutors said. Surveillance cameras and undercover detectives observed the conversation
and watched as specific employees targeted in the raid fled the bar, prosecutors said.

"The sting operation against my client was conducted in conjunction with the ABC," Fassett said, in requesting the
subpoena for that department. "They targeted my client to set him up to commit criminal conduct."
The nature of the documents requested at yesterday's hearing provided a glimpse into the type of defense
Henderson intends to offer at trial. Fassett was seeking information about a study conducted by the prosecutor's
office about the potential merger of five local police departments including Bound Brook.

Henderson was a vocal opponent of such a merger, and Fassett said that "may have influenced their decision to
target my client." Henderson also played a role in the federal investigation into discriminatory housing practices in
the borough that led to a hefty settlement.

After the initial arrest from the ABC raid, the investigation expanded and charges against both Henderson and
Rosario have grown. Henderson now faces 11 official misconduct charges spanning his seven years as Bound
Brook's top cop.

The investigation into Rosario now includes charges of $100,000 in tax evasion for his restaurant since 1999. Both
men have been free on bail.

The Somerset County Prosecutor's Office initially took over control of the Bound Brook police following
Henderson's arrest. An acting chief has since been named, and control has been returned to the borough.
The next hearing in the Henderson and Rosario case was set for July 7.

Matthew J. Dowling covers Somerset County courts. He may be reached at mdowling@starledger.com or (908)
429-9929.