Suspended Bound Brook police chief wants prosecutor off his case


By CHAD HEMENWAY
Staff Writer

BOUND BROOK -- Suspended borough police Chief Kenneth Henderson says small-town political motivations
and personal animosity toward him from the Somerset County Prosecutor's Office led to his arrest and
subsequent 17-count indictment in 2004.

This week, Henderson filed a motion to disqualify the Somerset County Prosecutor's Office from his case and
requested an independent investigation by the attorney general.

The motion, which was to be heard today before state Superior Court Judge Robert Reed, was adjourned and
rescheduled for Nov. 3 with newly appointed Vicinage 13 Assignment Judge Yolanda Ciccone, Somerset County
Prosecutor Wayne J. Forrest said.

The legal brief filed by Henderson's lawyer, David Fasset, alleges the investigation against him was motivated by
two factors: Mayor Frank J. Ryan and former Councilman William Siebel opposed his hiring, and Forrest had an
"ax to grind" against him because the two butted heads over issues such as a municipal police merger between
Bound Brook, Manville, Raritan and Somerville.

"From that moment (Henderson's opposition to the merger) until Henderson's arrest and suspension, the
Somerset County Prosecutor would not speak with Henderson unless absolutely necessary," the motion states.
Assistant Prosecutor Matthew Murphy filed a brief in response, calling Henderson's claims "filled with charges,
allegations and unsupported speculation" and that they stand "upon wild, unsupported hearsay."

Henderson's initial second-degree official misconduct charges stemmed from him allegedly tipping off Cafe
Imperial owner Rafael Rosario of an impending state Alcohol and Beverage Control surprise inspection on Oct.
17, 2004 -- a Sunday when Forrest knew Henderson would be working at the night club, Henderson said.
Henderson says a transcript, introduced as evidence of a conversation between Henderson and an ABC agent,
indicates he called Rosario the day of the ABC inspection at the agent's request.

Ryan and Siebel, appointed as the police commissioner, "undermined" Henderson's authority and ordered him to
take action against the growing population of blacks and Hispanics in Bound Brook, the motion claims. Ryan and
Siebel would often complain about Henderson to Forrest, the brief states. Ryan also requested an audit by
Forrest of the police department, Henderson said.

In addition, the brief states there was no reason other than a personal vendetta for the prosecutor's office to
continue to target Henderson after two undercover surveillance operations failed to corroborate a confidential
informant's claim that Henderson was being paid by Cafe Imperial though he didn't work there.

The motion indicated Forrest and his investigators erred in published reports following Henderson's arrest and in
the probable cause affidavit filed by Lt. Stephen Burke -- a former partner of Henderson's in Bound Brook.
Burke's sworn statements in the affidavit were "grossly false and misleading" and Forrest's comments following
Henderson's arrest contradict interdepartmental memorandums and previous investigations.

A Superior Court judge is not authorized to refer the case to the attorney general and legal precedents used to
support Henderson's motion of disqualification and referral are erroneous, Murphy's brief said.
"Legal research is not an exercise in creativity," Murphy's brief said.