Former Saint Rose HS Baseball Coach's Lawyer Asks for Retrial

Lawyer argues McInerney, convicted in 2010 of child endangerment, was not a supervisory authority

The lawyer for Bartholomew McInerney, the former Saint Rose High School baseball coach convicted in 2010 of soliciting sexual text messages from his players, is asking a state appellate court in Trenton to overturn the conviction, claiming the coach did not have supervisory authority over the boys, the Star Ledger reports.

McInerney's lawyer, Edward Bertucio, is seeking a retrial based on, in his opinion, several flaws with the original trial, the report says.

McInerney, 45, of Spring Lake Heights, was sentenced to 18 years in prison on ten counts of child endangerment for engaging in sexually explicit conversations with his players and paying them to send him text messages of their masturbation habits from 2001 to 2007, the report says.

Bertucio on Monday argued before three appellate judges -- Jane Grall, Anthony Parillo and Carmen Alvarez -- not only that McInerney should not have been considered a supervisory authority, but also that the Superior Court Judge Anthony Mellaci, Jr. should have declared a mistrial when jurors were allegedly overheard at lunch discussing details of the case before deliberations, the report says.

Bertucio also contends that jurors should not have been allowed to heard testimony regarding team trips to Alaska and Hawaii, where McInerney allegedly asked some of his players to videotape themselves masturbating, the report says.

Although Bertucio claims that part-time coaches are not supervisory authorities under the state's criminal code, Assistant Monmouth County Prosecutor Carey Huff said otherwise, the report says.

For more information, read the full story here.

gina January 12, 2012 at 04:18 PM
R U kidding me he still had a obligation to act appropriately with children!!! It doesn't matter, these people are dirtbags & they should be treated like a dirtbag, not get a re-trial! All these coaches & teachers that thinks it's ok to talk & treat children like adults with their sexual talks, texts, pictures & etc, is disgusting! A child is a child until they reach the age of a legal adult & that is 18 YEARS old!!! Not a day before! How can these lawyers defend these dirtbags??? How about all these lawyers get together & actually do something RIGHT how about they try to change the law for crimes agaisnt children be so severe that these adults wouldn't even think twice of performing it & then these lawyers don't have to defend all these dirtbags!!!!!! We should take lessons from other countries like Turkey their crime rate is no crime rate, whatever you do as a crime that's your punishment so if u steal u're had get cut off, if u kill you die also!!! Much safer place to live in my opinion!
John W. Burke October 10, 2012 at 02:59 PM
Shameful, just shameful. Does everybody know that Bart's behavior also led to a persons suicide? I am born and raised in S.L.H. also, I know all the McInerney's, it's just a shame, this kid comes from a decent home, he needs help obviously, but, what's right is right, and in this case, what's right is 18 years in prison. I'm sorry, this is a smack in the face for all those children involved, they didnt choose for this to happen, Bart did!
John W. Burke October 10, 2012 at 03:02 PM
My heart is with the Clark family! You are in my prayers, hey Mike, it's me, Johnny B. I was so sorry when I heard, please let your brother know that people do care, this will not go unpunished, remember, we serve a just God! Vengeance belongs to him, not us. His will be done, not ours!


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