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May 7, 2016
Last updated: Saturday, May 7, 2016, 1:21 AM

Lodi man to face plotting charges

A federal judge on Friday denied a request by a Lodi man to block his prosecution on state charges of plotting to murder an assistant prosecutor who was investigating the firebombing of synagogues in Bergen County.

In court papers, Aakash Dalal, 24, who has been held since March 2012, said the alleged murder plot was "fabricated" by former Bergen County Prosecutor John L. Molinelli in a conspiracy "with a rogue FBI agent and a violent Bloods street gang member" to keep Dalal from being released on bail.

Dalal had asked U.S. District Judge William J. Martini in Newark to intervene in the state proceedings and to prevent the Bergen County Prosecutor’s Office from pursing an allegedly "corrupt" and "retaliatory prosecution."

In 2014, Martini put Dalal’s civil rights lawsuit on hold pending the conclusion of the state criminal proceedings.

In a six-page opinion filed in federal court in Newark on Friday, Martini denied Dalal’s request to reopen the lawsuit and to enjoin the state prosecution, concluding that he "has not presented any extraordinary circumstances that justify intervention by this court."

Dalal, a former Rutgers student, was charged in 2012 with a co-defendant, Anthony Graziano, 24, of Lodi, in connection with a series of graffiti incidents and arson attacks that targeted Jewish facilities in Bergen County. Graziano is currently on trial in Hackensack.

They are accused of planning several attacks, including one on Jan. 11, 2012, in which Molotov cocktails were tossed into Temple Beth-El in Rutherford, which also serves as the home of a rabbi and his family.

Dalal also is charged in a separate indictment with conspiracy to murder Martin Delaney, the assistant prosecutor who was overseeing the arson investigation, as well as conspiracy to possess a firearm and making terroristic threats.

Last month, a state judge denied a series of motions in which Dalal sought to dismiss the two indictments.

In his civil case, Dalal claimed in court papers that Molinelli, the former county prosecutor, "conspired" with FBI Special Agent Corey Coleman and Whendel Stewart, a violent convicted felon who was facing imminent deportation to Guyana, "to fabricate" new charges against him after Dalal’s lawyer had persuaded an appeals court to reduce his bail to $1 million from $2.5 million.

"Dalal’s assertion that the second indictment was brought in bad faith and in retaliation for his bail applications is conclusory at best," Martini said.

"Should Dalal have arguments as to the admissibility of testimony or evidence, he will have the opportunity to raise them to the state court either prior to or at his criminal trial and, if necessary, on appeal," Martini said.

Among other arguments, Dalal had said that a transcript of a recorded conversation between him and the informant did not contain any "reference to any conspiracy to murder anyone," or even a peripheral mention of Delaney.

Based on the conversations with the informant, the murder conspiracy charges were filed and a judge raised his bail to $4 million from $1 million, thwarting his efforts to get out of jail, Dalal said.

Email: sampson@northjersey.com

Lodi man to face plotting charges

A federal judge on Friday denied a request by a Lodi man to block his prosecution on state charges of plotting to murder an assistant prosecutor who was investigating the firebombing of synagogues in Bergen County.

In court papers, Aakash Dalal, 24, who has been held since March 2012, said the alleged murder plot was "fabricated" by former Bergen County Prosecutor John L. Molinelli in a conspiracy "with a rogue FBI agent and a violent Bloods street gang member" to keep Dalal from being released on bail.

Dalal had asked U.S. District Judge William J. Martini in Newark to intervene in the state proceedings and to prevent the Bergen County Prosecutor’s Office from pursing an allegedly "corrupt" and "retaliatory prosecution."

Related:   Suspect in North Jersey firebombings indicted in alleged slaying plot

In 2014, Martini put Dalal’s civil rights lawsuit on hold pending the conclusion of the state criminal proceedings.

In a six-page opinion filed in federal court in Newark on Friday, Martini denied Dalal’s request to reopen the lawsuit and to enjoin the state prosecution, concluding that he "has not presented any extraordinary circumstances that justify intervention by this court."

Dalal, a former Rutgers student, was charged in 2012 with a co-defendant, Anthony Graziano, 24, of Lodi, in connection with a series of graffiti incidents and arson attacks that targeted Jewish facilities in Bergen County. Graziano is currently on trial in Hackensack.

Related:   Trial begins for Lodi man charged with firebombing Jewish facilities

They are accused of planning several attacks, including one on Jan. 11, 2012, in which Molotov cocktails were tossed into Temple Beth-El in Rutherford, which also serves as the home of a rabbi and his family.

Dalal also is charged in a separate indictment with conspiracy to murder Martin Delaney, the assistant prosecutor who was overseeing the arson investigation, as well as conspiracy to possess a firearm and making terroristic threats.

Last month, a state judge denied a series of motions in which Dalal sought to dismiss the two indictments.

In his civil case, Dalal claimed in court papers that Molinelli, the former county prosecutor, "conspired" with FBI Special Agent Corey Coleman and Whendel Stewart, a violent convicted felon who was facing imminent deportation to Guyana, "to fabricate" new charges against him after Dalal’s lawyer had persuaded an appeals court to reduce his bail to $1 million from $2.5 million.

"Dalal’s assertion that the second indictment was brought in bad faith and in retaliation for his bail applications is conclusory at best," Martini said.

"Should Dalal have arguments as to the admissibility of testimony or evidence, he will have the opportunity to raise them to the state court either prior to or at his criminal trial and, if necessary, on appeal," Martini said.

Among other arguments, Dalal had said that a transcript of a recorded conversation between him and the informant did not contain any "reference to any conspiracy to murder anyone," or even a peripheral mention of Delaney.

Based on the conversations with the informant, the murder conspiracy charges were filed and a judge raised his bail to $4 million from $1 million, thwarting his efforts to get out of jail, Dalal said.

Email: sampson@northjersey.com

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