Colts Neck tennis coach discussed paying ' to have someone killed' before sex retrial

FREEHOLD — As she was about to preside over the retrial of a Colts Neck youth tennis instructor accused of sexually assaulting a student, a judge Thursday revealed the defendant was heard talking "about paying someone to have someone killed on the street,” as well as the make, model and license plate number of the judge's car.

Superior Court Judge Jill Grace O'Malley said Terry Kuo, in his conversation about the details of her vehicle, also was overheard talking about where she lived, and he made reference "to a judge's son being killed.''

The conversations were overheard by sheriff's officers and recorded by their body-worn cameras, O'Malley said.

O'Malley did not elaborate on the reference to "a judge's son being killed.'' But in a shocking event in July 2020, an aggrieved litigant, posing as a delivery person, went to the Middlesex County home of federal criminal Judge Esther Salas and fatally shot her 20-year-old son, Daniel, and seriously wounded her husband, Mark Anderl, before killing himself.

More: Mistrial declared in Colts Neck tennis coach Terry Kuo sex assault trial

The shooting led to the passage last year of a federal law named after Daniel Anderl, designed to protect the personal information of federal judges and their close relatives.

O'Malley, in considering whether she should recuse herself from presiding over Kuo's trial, said she deemed the threatening comments by Kuo to be yet another attempt by him to delay his trial.

Noting that Kuo knew his comments were being recorded by the sheriff officers' body-worn cameras, O'Malley said, "This is clearly an attempt again to manipulate the proceedings - it is not going to work.''

This is Kuo's third trial on charges he sexually assaulted an underage tennis student and took pornographic pictures of her. The previous two trials ended in mistrials, the most recent in August when a jury deliberated for more than a week and could not reach a unanimous verdict.

O'Malley recounted that the first mistrial was declared by Superior Court Judge Joseph W. Oxley in February when Kuo urinated in the courtroom in front of a panel of prospective jurors during jury selection.

More: What did Colts Neck tennis pro do to derail his child sex trial and shock the judge?

During the most recent trial, the record reflects Kuo made "every attempt to delay these proceedings,'' including making frequent requests for bathroom breaks and complaining of pain that ultimately was "unaccounted for,'' the judge said.

"I'm not going to allow it to stop these proceedings,'' O'Malley said.

Shortly afterward, the jury was called up to the courtroom for the start of the trial.

Kuo, 32, is charged with kidnapping, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, causing or permitting a child to engage in pornography, manufacturing child pornography, possessing child pornography, obscenity, endangering the welfare of a child and conspiring to tamper with evidence.

Kristen Anastos, assistant Monmouth County prosecutor, said in her opening statement that Kuo engaged in sexual acts with one of his students when she was 12 and 13 years old and unable to legally consent to the activity.

More: Judge kicks out Colts Neck tennis coach at his sex assault trial: 'He's putting on a show'

Kuo was arrested in November 2017, after the victim reported the sexual assaults to police.

"Ultimately, what this case is about is what that man did to a child, and that is not complicated,'' Anastos said. "He repeatedly sexually assaulted her and repeatedly took photographs of those sexual assaults.''

Kuo saved the photographs on his computer, she said.

Anastos said the victim was first acquainted with Kuo at age 7, when he was hired as her tennis coach, but the relationship changed when she turned 12. That's when Kuo began treating her like a girlfriend, engaging in conversations with her about women he had sex with, taking her to restaurants and buying her gifts, including laptop computers, Tiffany jewelry and clothing from Victoria's Secret, the assistant prosecutor said.

Defense attorney Joshua Nahum said Kuo wasn't offering those things to the girl.

"It was her asking for new phones, new clothes, to go shopping, for trips to the mall,'' Nahum told the jury in his opening statement.

More: Colts Neck tennis coach rewarded girl with gifts for touching her, alleged victim says

Kuo was involved in the girl's life, "not improperly,'' but "more as someone who simply cared and wanted to make sure she was doing okay,'' the defense attorney said.

He said many people had "unfettered access'' to Kuo's electronic devices in his tennis pro shop.

"He had business associates who had access to the pro shop,'' Nahum said. ."He had students who had access to the pro shop.''

Kathleen Hopkins, a reporter in New Jersey since 1985, covers crime, court cases, legal issues and just about every major murder trial to hit Monmouth and Ocean counties. Contact her at khopkins@app.com.

This article originally appeared on Asbury Park Press: Colts Neck tennis pro discussed paying 'to have someone killed:' Judge