A Career Steeped In Success
For more than 35 years, I have dedicated my career to protecting my client’s rights. Here are some case highlights. For more information on any of them please contact me online or call 973-775-9002.
1) United States v. Accetturo (U.S. District Ct., 1986 to 1988): This racketeering trial of the “Lucchese Family” (before the Hon. Harold A. Ackerman, U.S.D.J.) is the longest federal trial in United States history (November 1986 to August 1988), with “not guilty” verdicts for all 21 defendants. Miles Feinstein and Mr. Saykanic represented Joseph Licata. A book, The Boys From New Jersey, was written by Robert Rudolph (see below); See New York Post article and Daily News cover dated August 27, 1988. This trial is depicted in the 2006 Sydney Lumet film Find me Guilty.
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In Simmons v. Beyer, 44 F.3d 1160 (3d Cir.), cert. denied, 516 U.S. 905, 116 S.Ct. 271, 133 L.Ed. 2d 192 (1995), the Third Circuit (Judges Nygaard, Cowen, Hutchinson; Judges Greenberg and Alito dissented on the denial of rehearing) granted the habeas petition and reversed the defendant’s murder conviction due to the 13-year delay between the defendant’s sentencing and his direct appeal, along with the possibility of a Batson violation (the improper exclusion of African-Americans from the jury).
After two retrials of Mr. Simmons resulted in hung juries, in State v. Lawrence Simmons, 331 N.J. Super. 512 (App. Div. 2000), the Appellate Division (Judges Pressler, Kimmelman and Arnold) ordered that the homicide indictment be dismissed. All major television networks carried the story, and Mr. Feinstein and Mr. Saykanic appeared with Mr. Simmons on Crier Today (Court TV) (see below).
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The Herald
News in 2000.
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On January 24, 2003, the Honorable Joseph E. Irenas, U.S.D.J., granted Mr. Forchion’s motion for a TRO and ordered that the State release him from jail and place him back into the I.S.P. program, since the State had violated Mr. Forchion’s First Amendment Free Speech rights. (See New Jersey Law Journal January 27, 2003, “U.S. Judge Finds No Abstention Bar to Review of State’s ‘Weedman’ Jailing.” To view Mr. Forchion’s web site, go to www.NJWeedman.com. You can then view the documentary by Peter Christopher titled: “Ed Forchion: First Amendment Activist,” which includes an interview with Mr. Saykanic.
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In State v. Scherzer, 301 N.J. Super. 363 (App. Div.), certif. denied, 151 N.J. 466 (1997), the Appellate Division (Judges Shebell, Baime and Braithwaite) in a 137-page opinion, reversed defendant’s conviction (for forcible rape), but affirmed as to sexual assault upon a mentally defective person. The Court found that, although Kevin had been deprived of his Sixth Amendment right to effective trial counsel due to counsel’s absences, the error was harmless. On September 12, 2003, the Third Circuit granted the certificate of appealability; but later denied the writ in the summer of 2004.
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The New Jersey Law Journal in
1997.
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1995
Omar Shabazz and Mr. Saykanic following Mr. Shabazz’s release.
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11) State v. Fredrick Stampone, 341 N.J. Super. 247 (App. Div. 2001): The defendant was convicted of disorderly conduct and refusing to exhibit a driver’s license. The Appellate Division (Judges Pressler, Ciancia and Alley) reversed and ordered that the charges be
dismissed. The reasons for the reversal were that the police officer had no right to conduct a Terry stop and that the defendant’s actions in slamming the car door shut and almost hitting the police officer, and cursing at the officer, did not constitute disorderly conduct.
12) State v. Robert Pietraszewski (Appellate Division unpublished opinion dated April 25, 2001): Judges Keefe, Eichen and Weissbard reversed the defendant’s convictions for possession of a weapon to use it unlawfully, burglary while armed, and harassment. The defendant was convicted of violating a restraining order and holding his wife hostage at gunpoint during a standoff with the police. The defendant received a ten-year prison sentence, with the 85% provision of the “No Early Release Act” applied.
The Court ordered a new trial because the trial judge had refused to allow the defendant to represent himself. The Court also found that the NERA was inapplicable. Following pleas to reduced charges, the defendant was freed with time served. See New Jersey Lawyer article dated March 13, 2000 (“A stringent sentence law at crossroads”) and Star-Ledger article dated April 26, 2001 (“Appeals court allows new trial for gunman”).
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The Star Ledger
in 2001.
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Torres I: The defendant pleaded guilty to bank fraud and received a 24-month sentence. Mr. Feinstein and Mr. Saykanic appealed and on July 8, 1996, the Third Circuit (Judges Stapleton, Greenberg and Aldisert), reversed since the district court had improperly refused to reduce the offense level for acceptance of responsibility.
16) Torres II: Following the remand, Judge Walls sentenced the defendant to a term of 11 months. The defendant appealed, and in a published opinion Judges Becker, Nygaard and Ambro found that, while Judge Walls was remiss in not reciting on the record how he weighed the sentencing factors, the sentence should be affirmed. Torres is the polestar for Third Circuit district judges when they sentence under U.S.S.G. § 5K1.1, and is published at 251 F. 3d 138 (3d Cir. 2001) (See New Jersey Law Journal article dated May 28, 2001).
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The New Jersey Law Journal in 2001.
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18) Mocco v. New Jersey State Parole Board, certification granted 182 N.J. 150 (2004): The New Jersey Supreme Court heard argument by Mr. Saykanic on February 28, 2005, regarding numerous parole conditions restricting Mr. Mocco’s right to campaign and to work where he chooses. Mr. Mocco (the former North Bergen Township Clerk), was restricted by the Parole Board from many political and non-political activities. See Jersey Journal articles dated October 31, 1995, and October 21, 1998.
You can also see and hear Mr. Saykanic’s argument before the Supreme Court by clicking here.
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19) State v. Carl Grant, 254 N.J. Super. 571 (App. Div. 1992): Mr. Saykanic represented Carl Grant, and the felony-murder conviction for which the defendant was given a life sentence was reversed by the Appellate Division (Judges O’Brien, Havey and Conley) and a new trial was ordered due to jury misconduct.
20) State v. Nicholas Kontakis; Kontakis v. Beyer, 19 F.3d 110 (3d Cir. 1994): The defendant was convicted of murdering his wife by shooting her in the head three times in broad daylight in the center of Franklin Township in front of numerous witnesses, including the chief of police. Mr. Saykanic represented Mr. Kontakis on his habeas petition and in 1993 the Honorable Garrett E. Brown, U.S.D.J., granted the petition based upon an unconstitutional jury instruction. The State appealed, and the Third Circuit (Judges Greenberg, Roth, and Pollak), reinstated the conviction.
The Third Circuit, however, wrote: “The court notes that the district court appointed John Vincent Saykanic, a member of the New Jersey bar, to represent Kontakis in this case and that he ably has represented Kontakis in both the district court and this court in the finest traditions of the legal profession.” 19 F.3d at 120.
21) State v. DeLuzio, et al. (Superior Court, App. Div. Opinion decided June 8, 1993, published as State v. DeLuzio, 274 N.J. Super. 101 (App. Div. 1993)), affirmed by the New Jersey Supreme Court on June 27, 1994, at 136 N.J. 363 (1994)): This case involved the appeal of convictions for gambling and theft based upon a complex pyramid scheme. Mr. Saykanic represented Theodore Watley on appeal (Mr. Watley received a four-year prison sentence, but was granted bail pending appeal). The Appellate Division (Judges Gaulkin, Havey and Stern) held (and the New Jersey Supreme Court affirmed), that the convictions for gambling could not stand since the pyramid scheme did not constitute a lottery. Also, a remand was required to determine whether Watley had been deprived of effective trial counsel due to repeated absences. The indictment was dismissed.
22) State v. John Tell (unpublished Appellate Division opinion dated December 2, 1994): Mr. Saykanic represented John Tell, who was convicted of the “drug kingpin” statute (N.J.S.A. 2C:35-3), and received a mandatory life sentence. The Appellate Division (Judges Gaulkin, Baime and Kestin), reversed the drug kingpin conviction based
upon an inadequate jury instruction.
23) R.E. v. R.E. (unpublished Appellate Division opinion dated April 23, 1996): Mr. Saykanic represented the ex-husband R.E., who appealed from the child support provisions of a judgment of divorce. The Appellate Division (Judges Pressler and Wefing) held that R.E.’s income was insufficient to allow him to comply with the lower court’s directive and reversed the case.
24) State v. $3,000.00 In Currency, 292 N.J.Super. 205 (App. Div. 1996): In this forfeiture case, Mr. Saykanic prepared the brief on behalf of the claimant. The Appellate Division (Judges Pressler, Keefe and Wefing) found that the claimant should have been given the opportunity to present proof that the Porsche automobile and cash found were not the proceeds of criminal activity.
25) State v. J. P. (Appellate Division unpublished opinion decided August 13, 1998): Mr. Saykanic worked on this case with Harvard Law Professor Alan Dershowitz. The defendant was convicted of theft by deception and received a 270-day jail sentence. Two of the Appellate Division Judges (Petrella and Steinberg), in a split decision, affirmed. However, Judge Skillman, in a dissenting opinion, held that “the trial judge’s extensive questioning of defendant ‘suggest[ed] disbelief’ concerning the truthfulness of his testimony …, and consequently deprived him of a fair trial. Therefore, I would reverse defendant’s conviction and order a new trial.” Since there was a dissent, there was an appeal as of right to the New Jersey Supreme Court. In consideration for dropping the appeal to the Supreme Court, the defendant was re-sentenced to straight probation and served no jail time.
26) D.M. v. A.M. (unpublished Appellate Division Opinion dated November 30, 2001): In this child support appeal, the Appellate Division (Judges Wefing and Parrillo) found that the trial court must review its award of child support.
27) State v. Hugh Quinn (App. Div. Docket No. A-3404-01T2): Defendant, who had three prior drunk driving convictions, pleaded guilty in Hasbrouck Heights to drunk driving and was sentenced as a second offender. The State appealed, arguing that the defendant should be sentenced as a third or fourth drunk driving offender. Mr. Saykanic represented Mr. Quinn in the Appellate Division, and following oral argument, on March 24, 2003 (before Judges Petrella and Bilder), the State withdrew its appeal and the defendant was sentenced as a second DWI offender.
28) State v. Mohammed El-Atriss; In Re Release of Sealed Transcripts in the Matter of Mohammed El-Atriss, (Passaic County Docket No. L-917-03): In this case, the defendant El-Atriss, accused of selling forged identity papers to two of the Sept. 11 hijackers, was held in jail on $500,000 bail based upon “secret evidence”. Mr. Saykanic assisted Mr. Feinstein with the interlocutory appeal and the Appellate Division ordered a remand. The Passaic County Prosecutor’s Office then offered Mr. El-Atriss a plea offer to time served (five months), which was accepted. The case received national attention due to Mr. El-Atriss being incarcerated based upon the “secret evidence.”
29) State of New Jersey v. Richard Morales, (Appellate Division unpublished opinion decided on May 21, 2004): In this triple homicide case, the defendant Morales was convicted of conspiracy to commit murder and conspiracy to commit robbery, for which he received a 20-year sentence with a 10-year parole disqualifier. The Appellate Division (Judges Fall, Parillo and Hoens) reversed the sentence and ordered both convictions to be merged, resulting in a 10-year sentence. Mr. Morales has been released from prison.
30) State v. A.K. (Passaic County Municipal Appeal No: 4357): The Honorable Edward V. Gannon, J.S.C., reversed the defendant’s conviction for harassment (based upon his alleged sending of fake anthrax to an ex-girlfriend) and entered a judgment of acquittal based upon insufficient evidence.
31) State v. R.P. (Passaic County Municipal Appeal No. A-23-03T3): The Honorable Garry S. Rothstadt, J.S.C., reversed the defendant’s conviction for DWI (second offense) and leaving the scene of an accident due to the failure of a proper English translation (the defendant is Ukrainian).
32) State v. Myers, 357 N.J. Super. 21 (App. Div.), certif. denied 175 N.J. 548 (2003): The Appellate Division reversed Judge Gannon’s order suppressing the heroin seized.
33) State v. Acker, 265 N.J. Super. 351 (App. Div. 1993): Mr. Saykanic prepared the brief for William J. DeMarco, Esq.; the Appellate Division held that the prosecutor’s summation was so egregious that a new trial was warranted.
34) Granata v. Parole Board, 237 N.J. Super. 630 (App. Div. 1990): Mr. Saykanic represented Anthony Granata. The Appellate Division (Judges Michael, Cohen and Brochin) held that the issue of whether the Parole Board had improperly refused to release the defendant on his first eligibility date due to his alleged “Mafia” ties was rendered moot when the defendant was subsequently released from custody due to illness. R. 3:21-10(b)(2).
35) Matter of Iulo, 115 N.J. 498 (1989): Mr. Saykanic argued before the New Jersey Supreme Court, which held that a criminal conviction for misapplication of entrusted funds warrants disbarment.
36) State v. James Cecil, 260 N.J. Super. 475 (App. Div. 1992): The defendant was convicted of terroristic threats for entering a courtroom in Union County, claiming that he had a bomb in a briefcase, and demanding that President Bush be brought to the Court House. Judges Antell, Dreier and Skillman held that the defendant had been competent to stand trial, and affirmed.
37) State v. M.J.K, 369 N.J. Super. 532 (App. Div. 2004): Mr. Saykanic worked on this appeal with John R. Klotz, Esq. The defendant was convicted of third-degree possession of a weapon for an unlawful purpose and third-degree criminal restraint. The Appellate Division agreed that the defendant was not competent to stand trial and reversed the convictions.
38) State v. Ebert, 377 N.J. Super. 1 (App. Div. 2005): In this drunk driving appeal, the Court found that the State had proven operation beyond a reasonable doubt and that the defendant’s admissions were not inadmissible.
39) State v. Blazo Maksic, (Passaic County Municipal Appeal No. MA-4552): The Honorable George F. Rohde, Jr., J.S.C., reversed defendant’s convictions for DWI (second offense) and Refusal due to a lack of probable cause for the defendant’s arrest, and ordered the complaints dismissed.
40) State v. Richard D. Henry (App. Div. Docket No. A-6208-03T4; decided on June 30, 2006): the Appellate Division (Judges Wefing, Wecker and Fuentes) reversed defendant’s conviction for selling crack cocaine to an undercover detective for which he was sentenced to 8 years in prison. The Appellate Division found that the trial judge committed reversible error by barring the use by the defense of the grand jury transcript during the cross-examination of the State’s witness, a police detective.
41) State v. Luz Cardenas (Passaic County Municipal Appeal No. MA-4552; decided on June 30, 2006): The Honorable Ernest M. Caposela, J.S.C., reversed defendant’s conviction for simple assault due to a deficient plea allocution.
42) State v. T.L.L. (Passaic County Municipal Appeal No. 4597; 2006): Mr. Saykanic prepared the brief along with John R. Klotz, Esq. The Honorable Raymond A. Reddin, J.S.C., reversed defendant’s conviction for refusing to take the breathalyzer test on the grounds that she was physically unable to take the test.
43) State v. Marcos Patino Cabrera, 387 N.J. Super. 81 (App. Div. 2006): Mr. Saykanic prepared the appellate brief with Miles Feinstein, Esq. The Appellate Division, in a published opinion, held that the defendant’s rights under the Vienna Convention were not violated, and affirmed the conviction for aggravated sexual assault.
44) State v. Arthur Lee Bond (Passaic County Law Division, 1991): Mr. Saykanic worked on this murder case with Jay V. Surgent, Esq. The defendant was charged with murder for throwing the victim off of a balcony, but after winning several of the pretrial motions, the defendant was allowed to plead guilty to manslaughter and received an eight-year prison sentence.
45) State v. Rosendo D. DeDios, (Passaic County Municipal Appeal No.: 4518): In an unpublished opinion filed December 21, 2005, the Honorable Ralph L. De Luccia, Jr., accepted the argument that the defendant, a third-time drunk driving offender, should be permitted to serve his entire 180-day County Jail sentence on consecutive weekends (so that he could work during the week and support his family). Mr. DeDios successfully completed his entire 180-day jail sentence on consecutive weekends.
46) State v. C.D. (Law Division unpublished opinion decided June 15, 2007): Judge DeLuccia dismissed the defendant’s drunk driving conviction due to a violation of defendant’s speedy trial rights.
47) In the Matter of J.M., (Law Division May 7, 2007 Order): Judge Freedman ordered the inmate confined pursuant to the Sexually Violent Predator Act released from the Special Treatment Unit to a nursing facility.
48) State v. Ernest Spell, 395 N.J. Super. 337 (App. Div. 2007) (effective October 1, 2007, officers must read an additional paragraph of the refusal form when a defendant refuses to immediately take the breathalyzer exam), reversed, 196 N.J. 537 (2008).
49) State v. J.P. (Watchung Municipal Court; 2008): Judge dismissed drunk driving and refusal charges due to delay in prosecution.
50) United States v. G.S.: On December 23, 2008, the United States Court of Appeals for the Third Circuit vacated the judgment of sentence and remanded for resentencing because, after defendant was convicted of conspiracy to commit credit-card fraud and mail fraud, the district court improperly added a two-level enhancement to his offense level.
51) State v. G.A.
(Law Division; decided April 14, 2010): after three years of litigation and evidentiary hearings, the Honorable Marilyn C. Clark, P.J.Cr. granted defendant’s post-conviction relief application (and vacated his conviction) on the ground that he had not been properly advised as to the immigration consequences of his plea.
52) J.U. v. United States, (United States Court of Appeals for the Second Circuit; 607 F.2d 318 (2d Cir 2010) Docket No. 09-3398-op; Opinion filed June 14, 2010): the Second Circuit accepted the argument that petitioner’s application was not a “second or successive” motion to vacate the conviction and reversed the Southern District Court’s ruling dismissing the habeas petition.
53) State v. S.V. (Law Division; decided April 29, 2009): the Honorable Donald J. Volkert, Jr., P.J.S.C., reversed defendant’s conviction for resisting arrest and entered a judgment of acquittal.
54) State v. G.P. (Law Division; decided June 8, 2010): The Honorable Jared D. Honigfeld, J.S.C., reversed defendant’s hunting violation convictions and entered judgment of acquittal due to the illegality of the State’s search and seizure.
55) State v. M.J. (Law Division; decided in September 2010; with Jay V. Surgent, Esq.): Judge Honigfeld reversed defendant’s drunk driving conviction and entered a judgment of acquittal.
56) State v. E.O. (Unpublished Appellate Division Opinion decided August 12, 2009; with Miles Feinstein, Esq.): the Appellate Division reversed an Order denying the motion to withdraw the guilty plea and remanded for further proceedings.
57) State v. Y.N. (Law Division; with George J. Abdy, Esq.): the Honorable Lois Lipton, J.S.C. reversed defendant’s convictions for obstructing justice and all motor vehicle charges and entered judgments of acquittal.
58) State v. K.K. (Hawthorne Municipal Court): On October 9, 2008, Judge Meola dismissed assault and trespassing complaints against the defendant.
59) State v. G.H. (Jersey City Municipal Court): In June 2008, the Jersey City Municipal Judge dismissed all motor vehicle charges against the defendant.
60) State v. Bernard Laufgas (unpublished Appellate Division Opinion decided March 16, 2010; Mr. Saykanic represented Mr. Laufgas pro bono with Anthony J. Randazzo, Esq.): Judges Rodriguez, Reisner and Yannotti upheld Mr. Laufgas’ contempt conviction for sending alleged poison-pen letters to a public official. However, the 6-month jail sentence was reduced to 45 weekends in a medical facility.
All opinions/briefs in the above cases available upon request.