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.
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