Latest Update On Criminal Charges Against Middletown BOE Member Joe Fitzgerald

MIDDLETOWN, NJ — Joe Fitzgerald — currently suspended from his elected position as a Middletown school board member — appeared back in Monmouth County criminal court Monday, where he was scheduled to have a pre-indictment conference on the six illegal gun charges against him.

A pre-indictment conference is where Monmouth County prosecutors, Fitzgerald and his lawyer will try to resolve the case before it goes to a grand jury. Fitzgerald has not yet been indicted on the six charges.

However, at Monday's hearing, Fitzgerald's lawyer said he was going to send county prosecutors mitigation. Mitigation is evidence, factors or arguments presented before prosecutors and a judge with the aim of lessening the severity of a crime.

Assistant Monmouth County Prosecutor Travis Clark argued on behalf of the state Monday, and Fitzgerald's lawyer was Robert Bell, employed by the law firm of Evan Nappen, located in Eatontown.

"The state would like a chance to review any mitigation prior to extending an offer," said Clark, which the judge, Hon. Richard English, agreed to.

Neither side revealed what those mitigation materials will be.

Prosecutor Clark also noted before the judge that Fitzgerald has no prior criminal history.

Fitzgerald was asked to comment for this article. He said he was initially stopped by Atlantic Highlands Police the night he was arrested, at approximately 5 p.m. June 30, and Middletown Police showed up five minutes after Atlantic Highlands Police first pulled him over.

Police said they found one handgun and three other weapons inside Fitzgerald's blue pick-up that evening: A loaded Ruger LCP .380 handgun (which police say Fitzgerald could not produce a permit for at the scene), two dart or spring projectile guns and a stun gun in the shape of brass knuckles, with a Taser component on it.

The Monmouth County Prosecutor alleges Fitzgerald was headed to engage in an altercation with the husband of the woman he is accused of having an affair with.

Fitzgerald denies both allegations. He maintains he was driving home the night he was stopped.

The lawyer Fitzgerald hired to defend him is a 2nd Amendment advocate and gun-rights lawyer. On his law firm website, Nappen said he "dedicated his career to defending 'law-abiding criminals' who become trapped by New Jersey’s harsh and unforgiving gun laws."

Fitzgerald is next due in Judge English's courtroom at 9 a.m. Sept. 15.

Most recent: Middletown BOE Member Joe Fitzgerald Hires 2nd Amendment Rights Lawyer To Defend His Case (Aug. 7)

First report: Middletown School Board Member Joe Fitzgerald Arrested On Illegal Gun Charges (July 1)