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State v. Catanoso

Decided: October 6, 1987.

STATE OF NEW JERSEY
v.
ANTHONY T. CATANOSO, DACON CORPORATION, THEODORE DESANTIS, FOUNDATIONS & STRUCTURES, INC., CLYDE LATTIMER, WILLIAM E. MONAGHAN, PHILIP MATALUCCI, PANDULLO QUIRK ASSOCIATIONS, NELSON WIDELL, WILBERT WIDELL & CARL E. WIDELL & SON, DEFENDANTS



ON MOTION FOR DISQUALIFICATION OF PATRICK T. McGAHN, ESQ. AS ATTORNEY FOR WILLIAM E. MONAGHAN.

Serata, J.s.c.

Serata

This is a motion to disqualify Patrick T. McGahn, Esq., in the representation of defendant, William E. Monaghan.

On September 10, 1986, a State Grand Jury, #SGJI68-86-9, indicted defendants Anthony T. Catanoso, Theodore DeSantis, Clyde Lattimer, William E. Monaghan, Philip Matalucci, Nelson Widell, Wilbert Widell, Carl E. Widell & Sons, Inc., Foundation and Structures Inc., and Dacon Corporation in five counts for criminal conspiracy (second degree) (contrary to N.J.S.A. 2C:5-2); official misconduct (second degree) (contrary to N.J.S.A. 2C:27-2 and N.J.S.A. 2C:2-6); gifts to public servants (second degree) (contrary to N.J.S.A. 2C:27-6 and N.J.S.A. 2C:2-6); and theft by deception (second degree) (contrary to N.J.S.A. 2C:20-4 and N.J.S.A. 2C:3-6).

The indictment stems from alleged acts of conspiracy, bribery and official corruption by corporate and individual defendants Anthony Catanoso, Theodore DeSantis, Clyde Lattimer, William E. Monaghan, Philip Matalucci, Nelson Widell, Wilbert Widell, Carl E. Widell & Sons, Inc., Foundation & Structures Inc., Dacon Corporation, Pandullo Quirk Associates, and by unindicted co-conspirators over an eight-year period from April 1, 1978, to on or about May 14, 1986, in Atlantic and Cape May counties.

Essentially, the defendant freeholder and defendant county officer allegedly conspired with the defendant contractors in awarding construction contracts for the Cape May County

Municipal Utilities Authority, Ocean City Region Site Preparation Waste Water Treatment Plant in exchange for kick backs totaling several hundred thousand dollars.

Allegedly, Francis Pandullo, President of Pandullo Quirk Associates, the consulting engineer hired by the Cape May County Municipal Utilities Authority (CMCMUA) and John Vinci, former president of CMCMUA along with defendants Monaghan and DeSantis of Foundations and Structures and Cape May County Freeholder, Anthony Catanoso and County Treasurer Philip Matalucci, conspired to obtain bribes from Carl E. Widell & Sons and insure work for Foundations & Structures and continued the retention of Pandullo Quirk Associates as the consulting engineer to the CMCMUA.

Francis Pandullo pleaded guilty to charges contained in a separate indictment arising out of the investigation by the Attorney General's Office. He is now the State's key witness in the current trial.

The State moves to disqualify Patrick T. McGahn based on McGahn's prior representation of the State's key witness, Francis Pandullo. Pandullo hired McGahn as special counsel for Pandullo Quirk Associates (PQA), an indicted co-conspirator in this case, in the 1970's.

McGahn has admitted that he was apprised of the testimony and the questioning of certain employees of PQA in connection with an investigation relating to the site selection for the Cape May County Waste Treatment Plant. McGahn asserts that there is no connection shown between that matter and the case at bar.

Review of the grand jury testimony of Pandullo reveals that McGahn had no knowledge of any alleged wrongdoing committed either by Pandullo, or someone else, in Cape May County (T131-T133). However, Pandullo has indicated in his certification that McGahn was kept informed of events and interviews with respect to an investigation by ...


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