Sign-stealing trial delayed after defense attorney no-shows

In a spectacular case involving the theft of six campaign signs last year, Readington Councilman John Albanese Jr. was scheduled to go on trial Thursday morning.

However, his attorney was nowhere to be seen when the judge called the trial to order, resulting in a postponed trial and an irate judge.

When Albanese stole six political signs from public property during a fight between rival sections of the local GOP in May of last year, Readington police took him into custody. He was unaware that the signs had concealed Apple AirTags that directed authorities directly to the supplies he had placed in his garage.

Albanese has acknowledged stealing the signs in court and legal documents, therefore an allegation isn’t required in this case. The main purpose of the trial is now to ascertain whether the court thinks that the theft of the signs warrants a conviction for criminal disorderly persons. Because the signs were worth so little, Albanese’s lawyers have claimed the matter was too minor to prosecute (this argument has already failed in Superior Court). Albanese entered a not guilty plea.

However, Albanese’s new lawyer, Michael Roberts, did not show up Thursday morning, therefore the trial has been postponed.

Judge Seth Kurs assured Albanese, “Any frustration you hear from the court is absolutely not directed to you.” It’s just meant for your lawyer.

Last week, Albanese brought Roberts in to replace his former lawyer, Scott Wilhelm. Roberts signed a contract during the transfer that stated the trial would not be postponed; nevertheless, the judge stated that the lawyer requested a postponement last week. The postponement request was turned down.

The case was shifted to Hightstown to avoid a conflict of interest, and the trial was originally set for 9:30 a.m.; but, due to an ice storm that affected areas of New Jersey, it was postponed to 10 a.m. Roberts and Albanese were not present when the hearing began at approximately 10:50 a.m.

Christopher Koutsouris, the prosecutor, informed the judge that Roberts had counseled Albanese against appearing in court. Albanese only began to move once he was informed that if he failed to appear, a warrant for his arrest might be issued.

Albanese indicated his lawyer wouldn’t be coming when he got there.

Kurs called the court back to order and explained the morning’s disaster. Kurs noted that Albanese and a number of witnesses had arrived in Hightstown from Readington on schedule and without any problems, but the judge said Roberts had repeatedly requested a postponement on Thursday, claiming the ice storm.

Roberts subsequently requested a delay from a supervising presiding judge after Kurs claimed to have rejected those requests for adjournment. Kurs stated that he intended to finish the case today even though he was unsure if the presiding judge had made a decision.

Roberts did not appear, however.

The court claimed that he was compelled to postpone the trial because it would have infringed on Albanese’s fundamental right to counsel.

Kurs, however, was upset with the lawyer’s absence and promised to set up a sanction hearing for Roberts when the trial was over. The prosecutor requested that the judge order Roberts to pay the witnesses and the municipality back for their time that was now wasted.

Albanese added that the state of the roads close to him made his lawyer feel insecure. Kurs rejected the excuse, even though he acknowledged Albanese was only acting on his lawyer’s advice.

The court stated that at least five individuals were present before today’s scheduled appearance at ten o’clock, and they were all from the same Readington region where the defendant and counsel are both from. Therefore, it is evident that this morning’s trip to the courthouse was safe.

According to a Roberts legal office staffer, he would not comment on the absence.

The scandal on Thursday morning is the most recent development in the already strange case.

Since the town’s moderates supported former Rep. Tom Malinowski (D-Ringoes) against current Rep. Tom Kean Jr. (R-Westfield) in 2022, Readington’s GOP factions have been at odds. The conservative group put up banners in the town alerting voters to an ethical probe into Malinowski’s stock transactions in an attempt to link Albanese and others to the Democratic former congressman.

Albanese stole six of these signs in what he called a moment of poor judgment. When the cops arrived, the councilman returned the signs, unharmed.

After the Republican claimed that the thefts were too minor to pursue, a Superior Court judge rejected Albania’s plea to have the case dismissed. Instead, Kevin Shanahan of Superior Court sent the case back to municipal court.

Two Albanese political associates were sentenced to 30 months in a PTI program this month for setting up a recording device at a nearby restaurant to capture a secret discussion between two rival elected officials. If the ladies complete a mental health exam and stay out of trouble for 30 months, they will not have a criminal record under the PTI program.