Prosecutor's report confirms vandalism 'not a bias crime'
Cheryl Orson
Feb. 1, 2008

Officials from the Middlesex County Prosecutor's Office announced in a release issued on Tuesday that the four teenagers accused of desecrating 499 grave stones in Poile Zedek Cemetery in New Brunswick "did not commit hate crimes and should not be tried as adults."

According to the statement issued by Prosecutor Bruce Kaplan's office the teens' "alcohol-fueled vandalism" came from teenage boredom, not anti-Semitism. Kaplan said this means while the teens will still face vandalism charges in Family Court, they will not be prosecuted on the more serious charge of committing a hate crime.

Kaplan said investigators found no evidence indicating the teens or their families, all living near the cemetery, have a hatred of Jewish people. Specifically the release states, "The issue of whether or not the incident(s) fell within the ambit of a bias crime was rigorously scrutinized" explaining under New Jersey law a person is guilty of a crime if he purposely or knowingly damages the property of another constituting the offense of criminal mischief. If, however, the damage was caused with the intent to intimidate an individual or a group because of their, in this case, religious affiliation, or with the knowledge that an individual or a group would believe that they were targeted because of their religious affiliation, the conduct constitutes the offense of bias intimidation.

Further, it states, in analyzing any particular incident, "it is important to recognize that desecration of a religious object, like a Jewish cemetery, is not automatically a bias crime," but rather, the issue hinges on the intent or motive of the perpetrator. This being the case, the investigators focused on the intent of the juveniles at the time the cemetery was vandalized and looked for the existence of any direct or circumstantial evidence that would either support or negate the initial classification of the vandalism as a bias incident.

The investigators found though there are indications that Poile Zedek is a Jewish cemetery with a Star of David displayed on the iron doors that serve as the cemetery's gateway, the issue remained: What did these four juveniles know and what did they intend? The investigation established on at least one of the two occasions, the juveniles had been drinking and no evidence of religious animosity or anti-Semitism was discovered in the backgrounds of the accused nor members of their immediate families nor were or are any of these affiliated with gangs or hate groups.

The release further states, "Striking to investigators was the degree of ignorance or obliviousness displayed by the juveniles" with it being apparent that the juveniles "did not know, understand, or care about the religious symbols on the gates and headstones at Poile Zedek" and that the religion of those buried in the cemetery was neither known nor a matter of interest to the juveniles as they went about overturning headstones.

"They did not even know that they were in a Jewish cemetery," the release states.

The Prosecutor's Office contends, "While it was plain that the juveniles intended to cause destruction, that intent appears without a religious hate component," with the vandalism being devoid of graffiti or other markings or writings. Rather, the release states, it appears that "the vandalism of Poile Zedek cemetery was the product of alcohol, teenage boredom, and infantile enjoyment in the discovery that the cemetery's headstones could be tipped over."

It concludes by stating, "the decision not to prosecute under the bias statute in this case has not been taken lightly" but "absent evidence that Poile Zedek was vandalized because of its religious affiliation, and considering the evidence to the contrary, prosecution of the accused under the bias statute would not be appropriate." In closing the release states the Prosecutor's Office "understands and appreciates the deep anguish that the vandalism has caused the Poile Zedek and Etz Ahaim congregations as well as the families and communities who have suffered, and hopes that they will take consolation in the fact that charges under other criminal statutes will be vigorously prosecuted by this office."

However, it states the circumstances "constrains us to the view that proceedings must remain in the Family Court" promising "nevertheless, significant penal sanctions, including incarceration, community service, education and restitution, remain available and will be pursued in this matter

An inventory of damage done to Poile Zedek Cemetery is almost complete, according to the leaders of Poile Zedek of New Brunswick and Etz Ahaim of Highland Park.

It is estimated it will cost anywhere between $500,000 and $1 million to repair the damage done by teen vandals to almost 500 gravestones in the cemetery, 60 of which were shattered.

Rabbi Abraham Mykoff, of Congregation Poile Zedek, and Congregation Etz Ahaim President Ray Morris, said the goal is to have a reconstruction plan in effect within the next week. They are continuing to discuss how they will proceed in this process, including hiring a contractor.

"We are trying to work together in a joint effort," said Morris, stating they are waiting for an exact tally from the monument company. "Hopefully we can reach an agreement with one company that will be beneficial to us." He added that Etz Ahaim sustained damage to 104 of its gravestones at the site, estimated to cost $100,000 in repairs.

Morris further promised he and Rabbi Mykoff are "doing our best" to expedite the work and get it done.

"We want to make everyone happy," Morris said, stating he has personally heard from many upset congregants.

The four New Brunswick teenagers, all males ages 15 to 17, were arrested on Jan. 9 in connection with the damage discovered on Jan. 6. Due to their ages, the teens' names were not released. Authorities said three of the teens first struck the cemetery on New Year's Day, toppling 17 gravestones. Three days later, they returned with the fourth friend and "methodically" upended rows of granite gravestones. Kaplan said it is estimated that it took the teens up to four hours to complete the desecration.

The teens were charged with delinquency, criminal mischief, desecration of venerated objects, and conspiracy to commit desecration, with each count carrying up to two years in prison. The cases of the four teens are expected to be heard in New Brunswick Family Court.

Poile Zedek originally bought the cemetery from First Baptist Church circa 1936 and conducts around 15 burials there each year. Signs now posted at the decimated cemetery warn the public not to re-erect the gravestones, one of which is estimated weigh more than three tons, due to liability issues.

The Jewish Federation of Greater Middlesex County has reported raising more than $65,000 toward the cost of repairs. Those wishing to donate can do so online at www.JewishMiddlesex.org.