Psychiatric exam ordered for Marlboro developers
Marlboro mayor claims town employees have been harassed by pair
BY VICTORIA HURLEY-SCHUBERT
Staff Writer

MARLBORO - A federal judge last week ordered indicted developers Steven Meiterman and Edward Kay to undergo psychiatric evaluations because they have shown threatening and menacing behavior toward municipal employees.

The order was made during their arraignment on federal corruption charges.

The exams are to assess "whether they present a danger to the community or witnesses for the government," said Michael Drewniak, public information officer for the U.S. Attorney's Office.

"It came to our attention from the municipality that Edward Kay and Steven Meiterman may have been acting in a threatening and menacing way since the return of the indictment," Drewniak said.

"Despite the serious federal charges levied against them, Edward Kay and Steven Meiterman have been abusive to township employees and the township attorney," said Mayor Robert Kleinberg, reading from a letter to the court. "The defendants were allegedly accustomed to preferential treatment in securing necessary building permits and approvals. As a result of their apparent frustration, when confronted with the fact that they have to follow all the rules like everyone else, the defendants began engaging in a pattern of reprehensible behavior."

The mayor declined to give any details of specific behavior.

Kleinberg also declined to discuss any enhanced security procedures that may have been made at town hall, saying he was not aware of specific actions taken by law enforcement.

"The police department is aware of what's going on, the Monmouth County prosecutor is aware of what's been going on and the FBI [is aware]," said Kleinberg.

U.S. District Judge Susan D. Wigenton also ruled that Meiterman and Kay can only go to town hall to "conduct necessary business," said Drewniak.

In recent months, Kay has flooded the municipal clerk's office with Open Public Records Act (OPRA) requests. His requests include copies of billings from Birdsall Engineering for all 2006 project inspections; copies of contract/service agreement, paychecks and other financial matters related to Business Administrator Judith Tiernan; all billings for the firm Gluck Walrath and/or Township Attorney Andrew Bayer; and copies of all documents related to the state Council on Affordable Housing.

The OPRA requests have cost Kay about $4,000 in fees, said Alida DeGeta, municipal clerk. "OPRA shouldn't be a tool for someone under federal indictment to harass township employees," said Kleinberg. "I'm not opposed to anybody asking for a document under OPRA, that's their legal right to do, however, we had one incident by another employee where Mr. Kay was asking for things that he was not entitled to and when he didn't get what he wanted, it is alleged by that employee that Mr. Kay threatened to use OPRA as retaliation."

Drewniak declined to discuss "other theatrics" that went on during proceedings.

Steven Meiterman, his brother, Bernard Meiterman, and Kay all pleaded not guilty during the April 24 arraignment to a superseding indictment that alleges they paid $60,000 in bribes to former mayor Matthew Scannapieco in 2002 to gain planning approvals for Rosemont Estates, a 242-unit adult community valued at more than $100 million in gross receipts.

The indictment does not specifically name the former mayor, who was a member of the Planning Board; nor does it name a businessman involved in the project.

The alleged agreement between the parties called for the businessman to provide a $30,000 check to Bernard Meiterman, while the Meitermans would pay the entire $60,000 to the former mayor in monthly installments of $2,500 in cash.

Further concealing the corruption, Bernard Meiterman allegedly gave the businessman a fraudulent bill for "legal services" totaling $30,000 and $338.34 in "disbursements." The new indictment alleges this bill was a false justification for the businessman's half of the $60,000 bribe money.

Bribing a public official carries a maximum penalty of 10 years in prison and a $250,000 fine.

Jury selection in the case is scheduled to begin Oct. 9.