Accused Paterson sergeant opts not to testify as police corruption trial heads to jury
NEWARK — With family members and other supporters seated behind him, Paterson Police Sgt. Michael Cheff opted not to testify on Tuesday in his ongoing trial for allegedly enabling five crooked cops who were under his supervision.
After the prosecution rested, Cheff’s lawyer, John Lynch, didn’t call any witnesses on his client’s behalf.
That left the jury to make its decision based on the testimony of a suspected drug dealer and the five rogue ex-cops who have admitted robbing and beating people they illegally stopped in Paterson.
Lynch and the U.S. Attorney’s Office are scheduled to make their closing arguments on Wednesday morning. U.S. District Court Judge Katharine Hayden told the jury it likely would begin deliberations before lunch.
Cheff is charged with conspiring with the five officers as they used threats, intimidation and excessive force while illegally stopping, searching and stealing from citizens. He is also charged with helping the men cover up their crimes with false police reports.
Lynch declined to comment on why his client chose not to testify. During his opening statement on May 18, the defense attorney reminded the jurors that Cheff had the right not to take the witness stand and told them they shouldn’t interpret that in any way.
The five convicted cops – Jonathan Bustios, Daniel Pent, Eudy Ramos, Frank Toledo and Matthew Torres – all testified against Cheff under cooperation agreements. In return for their “truthful” testimony, the U.S. Attorney’s Office agreed to submit letters to the judge recommending they get lesser sentences.
Toledo took the stand on Tuesday, and Lynch asked him how much prison time he faced. Toledo responded by saying he was looking at 36 months under federal sentencing guidelines.
“You don’t want to go to jail”? Lynch asked.
“No, who wants to go to jail?”
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Lynch later asked Toledo about the letter from federal authorities about his prison sentence.
“You’ve got to make them happy to get that letter, don’t you? Lynch queried.
“No, I have to be truthful,” Toledo said. “I have to tell the truth and hope for the best,” he added.
“For all these years you’ve been lying to the people of Paterson like crazy and all of a sudden you’re going to tell the truth?” Lynch said.
“Yes,” answered Toledo.
Toledo testified multiple times that he never shared any money he stole with Cheff. But two of the ex-cops, Bustios and Ramos, had testified about instances in which they said the sergeant took his share of the stolen cash.
Toledo said in court that he liked bringing his bogus police reports to Cheff for approval because the sergeant tended not to look them over very closely or ask a lot of questions.
Lynch brought up Toledo’s background as a boxer in questioning the convicted officer about the beatings he inflicted on people in Paterson.
Lynch brought up a text message Toledo sent to Bustios, saying, “I’ve been borderline blacking out when I catch these n------ lately.”
Lynch cited another Toledo text about an assault on a juvenile in which he wrote, “At that point I was no longer a cop…I beat that n----- like he owed me money.”
The defense lawyer also brought up texts in which the lawbreaking law enforcement officers argued over their ability to beat people. He cited one by Bustios that said, “Let’s ask a bum who hits harder Eudy or Frankie,” and another by Ramos that read, “I leave a mark on my guys.”
“All you guys are talking about is beating people up in Paterson,” Lynch stated.
Joe Malinconico is editor of Paterson Press.
Email: editor@patersonpress.com
This article originally appeared on NorthJersey.com: Paterson NJ police: Accused sergeant won't testify in trial
