O'Grady sentenced to 43-month term
Attorney never admits client's guilt, promises to appeal
BY KAREN E. BOWES
Staff Writer

Now infamous for telling undercover FBI agents he "could smell a cop a mile away," former Middletown Committeeman Raymond O'Grady was sentenced to 43 months in federal prison on Oct. 11.

Convicted in June for accepting at least $8,000 in bribes and other acts of government corruption, the former director of the Monmouth County Motor Pool will also complete 200 hours of community service and pay a $5,000 fine.

O'Grady's attorney, Kevin Roe, fought to the bitter end for his client. Roe argued his client may have been unfairly penalized for not taking the stand in his own defense, noting Jesus Christ also remained silent during his trial before Pontius Pilate.

"In the trial of Christ, He chose to remain silent," Roe told reporters afterwards, adding the "genesis of that law," the Constitution's Fifth Amendment, was based on the trial of Christ.

"He exercised his right to remain silent," Roe told the judge. "I don't think that should be taken as arrogance."

U.S. District Judge William J. Martini, presiding in a federal court in Newark, said that although it was O'Grady's right, it was probably a mistake to choose a trial over a plea deal because it gave the court the opportunity to hear all of the evidence.

"Those tapes were damning," said Martini."

Martini referenced video and audio recordings of O'Grady accepting envelopes believed to be filled with cash, as well as several telephone conversations in which O'Grady openly speculated about whether he was being watched by law enforcement agents.

"In this case, the jury, more than ever, didn't have to do a lot of inference," the judge said. "Any reasonable person could conclude he had a guilty mind as to those activities."

"I think those statements were all taken out of context," Roe said.

"Don't insult my intelligence," the judge replied.

"I'm trying to be objective here, but you're helping me when you make arguments like that," the judge said later, during the same exchange.

"Why did he have such a grave concern about being watched and sneaking around?" asked the judge. "Why, if he had such a clean conscience?"

Roe said the recorded conversations of O'Grady were "just talk, Judge, bologna is all it was."

Roe further argued the FBI's evidence was insufficient because there was "no indication on tape as to what he's agreeing to."

O'Grady could have been brokering a legitimate business deal during the recorded sessions, Roe explained, and the envelopes full of cash could have been accepted as fees for perfectly legal transactions, a practice that, in his experience, is done quite often.

"Is that unusual?" Roe asked the judge. "I don't think receipt of an envelope of cash is illegal in America."

Smiling and slightly laughing, the judge responded.

"I want to know what your experience is as to accepting cash in envelopes," Martini said.

Roe submitted two motions prior to the sentencing - one for a new trial and one for an acquittal. Both were dismissed. The judge criticized Roe for failing to file the motions on time. Due one week after conviction, Roe filed the motions in early September, three months too late.

Roe based his motions on several factors, notably, the attempted suicide of the FBI's top witness, Anthony Palughi, after his first day on the witness stand during the June trail. Palughi, who made a plea deal with the FBI in relation to his own charges, testified that he often delivered cash bribes to O'Grady on behalf of contractors and other individuals.

In an attempt to kill himself, Palughi swallowed over 60 blood pressure pills. After he was treated and released from the hospital, doctors testified to his sanity, which allowed him to return to court. However, Roe argued his own cross examination of Palughi was "chilled" because he was concerned about Palughi's mental state.

Roe apologized on his client's behalf at one point, after Martini said he took "great offense in the seeming cavalier attitude of the defendant" and for O'Grady's unwillingness to accept responsibility.

"He does wish to express his remorse and regret to the citizens of Monmouth County and the citizens of Middletown for what has been shown in this court," Roe said.

The attorney described O'Grady's crimes as "a stupid mistake, if anything."

The life O'Grady led prior to his arrest was upstanding, Roe said. He asked that the judge take into consideration his service with the Navy and several charitable organizations.

"I ask you to look at the case in a larger sense," Roe said. "What harm did Ray O'Grady perpetrate in this case?"

"That's an easy one," Martini responded. "That's what this case is really all about. The harm is significant. The money may not be, but the harm is."

Later, Martini elaborated, saying "the whole integrity of our democratic process" is affected when government officials betray the public's trust.

"People don't vote and good people don't run for office because they don't want to be in that environment," Martini said.

Roe promised another appeal.

"Mr. O'Grady continues to maintain his innocence and will appeal," Roe said outside the courtroom.

Under house arrest since his conviction in June, O'Grady is expected to voluntarily surrender Nov. 28.