Former Assemblyman Neil Cohen indicted on additional child pornography charge
by Mary Fuchs/Statehouse Bureau
Thursday July 09, 2009, 6:38 PM
Former Assemblyman Neil Cohen (D-Union) was indicted on an additonal child pornography possession charge today in Mercer County Superior Court, said Attorney General Anne Milgram.
The new count of fourth-degree possession comes after multiple images of child pornography were found on a computer in his Montclair law office that allegedly belonged to him, said Criminal Justice Director Deborah L. Gramiccioni.
Patti Sapone/The Star-Ledger
Former state Assemblyman Neil Cohen, center, confers with his attorneys, Daniel McCarthy, left, and Mark Tuohey, right, before the beginning of his arraignment on charges of child pornography at the Mercer County courthouse in Trenton in March.A grand jury in December handed up a four-count indictment against Cohen, 58, charging him with official misconduct, reproduction of child pornography, distribution of child pornography and possession of child pornography.
The lengthy investigation against Cohen began last July, after a legislative staffer discovered a computer printout of a nude girl and informed the two Democratic lawmakers -- Sen. Raymond Lesniak (D-Union) and Assemblyman Joseph Cryan (D-Union) -- who shared a legislative office with Cohen in Union Township.
"Cohen allegedly used a printer in the office to reproduce copies of the child pornography, which he left around where anyone in the office could find and view them," said a statement released by the Attorney General's office.
The Attorney General's office took up the matter after the two lawmakers informed the Legislature's Office of Legislative Services.
Cryan declined to comment today. Lesniak did not respond to requests for comment.
Cohen shared the Montclair office with his law partner and legislative colleague, Sen. Nia Gill (D-Essex). Gill did not return calls made for comment
The new count adds potential jail time and fines to Cohen's previous indictment. If convicted on all five charges, he could face up to 33 years in prison and more than $450,000 in fines.
A state appeals court said last week that his lawyer, Mark Tuohey, is entitled to look at the images Cohen allegedly viewed on his computer at his Union Township office.
Peter Aseltine, a spokesman for the Attorney General's office, said the ruling would allow Tuohey to see the new evidence allegedly found on Cohen's Montclair law office computer.
"The Appellate Division decision says the defense is entitled to copies of the images that form the proofs against Cohen. We have now charged him relative to new images and those images would also come under that decision," Aseltine said.
However, Aseltine said the Attorney General's office was "still considering" whether to appeal that ruling. Attempts to reach Tuohey for comment were unsuccessful.
During his eight-term tenure, Cohen sponsored more than 100 laws in the legislature. He supported issues such as stem-cell research and more extensive health insurance coverage, in addition to requiring trigger locks on firearms and restricting strip searches by school officials. He also created a 24-hour hotline for the public to report computer crimes, such as viewing child pornography.
Born in Newark, Cohen graduated from Athens University in Alabama and earned his law degree from Howard University School of Law, in Washington, D.C. He began his legal career as a clerk with Superior Court Judge Harry Hazelwood, Jr. and later worked in the Middlesex County Public Defender's Office.
Cohen, who now lives in Paramus, will appear in Mercer County Court for trial at a later date.
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