FOR IMMEDIATE RELEASE CONTACT: Al Della FaveOcean County Prosecutor’s Office

June 27, 2014 P.O. Box 2191Toms River, NJ 08753Phone: (732) 288-7616

Cellular: (732) 814-7347

DEFENDANT FOUND GUILTY IN MURDER FOR HIRE TRIAL

FREEHOLD, NEW JERSEY – On Friday, June 27, 2014, a jury found defendant Jay R. Goldberg, 64, of Little Egg Harbor, NJ, guilty of two first degree crimes for the conspiracy to commit and attempted murder of former Assistant Ocean County Prosecutor Steven N. Cucci.  The trial was prosecuted by Executive Assistant Prosecutor Michel A. Paulhus and Assistant Prosecutor Jamie L. Schron. Detective Brian Haggerty, of the Ocean County Prosecutor’s Office Major Crimes Unit, was the lead investigator.

After nearly two days of jury selection, the trial began with opening statements on Monday, June 23, 2014.  Assistant Prosecutor Jamie L. Schron explained to the jury that Goldberg hated Cucci and blamed him for all of his problems.  “This was payback,” Schron explained. 

On direct examination by Executive Assistant Prosecutor Michel A. Paulhus,  Cucci explained that he had been the Assistant Prosecutor assigned to prosecute Goldberg for other crimes in 2009.  Those charges resulted in convictions in 2012 for the Aggravated Manslaughter of Sarkis Shahinian, Goldberg's neighbor, and Maintaining a Controlled Dangerous Substance Production Facility, both first degree crimes.

Cucci testified that he had planned to represent the State at sentencing, but just prior he received a letter from an inmate in the Ocean County Jail.  The letter stated that Goldberg had solicited him to kill Cucci.

Detectives Brian Haggerty and Thomas Tiernan from the Ocean County Prosecutor’s Office and Sergeant Michael Delanoy from the Ocean County Jail testified that the same inmate then had a recorded conversation with Goldberg inside of the Jail.  During the conversation, Goldberg discussed his plot to have Cucci killed and how he planned to pay for it.  The inmate suggested that Goldberg meet with his associate “Victor,” a member of Russian organized crime to have the murder plot carried out. 

A few days later, an undercover detective from the Monmouth County Prosecutor’s Office posing as “Victor” met with Goldberg twice in the Jail.  Their meetings were also recorded and played for the jury.  During their meetings, Goldberg hired “Victor” and gave him a letter to send to his sister and brother-in-law asking for $15,000.  Goldberg wrote that the money was for a new attorney, but the jury heard and saw evidence that it was actually payment for Cucci’s murder. 

After the conclusion of the State’s case, Goldberg elected to testify.  Goldberg stated that he never wanted to hurt Cucci.  He claimed he was under duress and coerced.  Goldberg characterized his conduct as “venting.” 

PRESS RELEASE

During his summation, Assistant Deputy Public Defender Van Lane argued that defendant had not taken enough steps to complete the charged crimes.  “An agreement to agree is not an agreement, “ Lane stated. 

Paulhus explained to the jury that Goldberg did everything he could have from inside the Jail to see that Cucci was murdered.  “What defendant did was the height of lawlessness,” Paulhus argued. 

Goldberg is currently serving a 20 year sentence at South Woods State Prison for his Aggravated Manslaughter and drug charges.  His sentencing is scheduled for September 5, 2014, before the Honorable Francis J. Vernoia, P.J.Cr. At that time, the State will argue for a consecutive sentence to the one Goldberg is currently serving.

JAY R. GOLDBERGPhoto courtesy NJ DOC

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