New Jersey School trip sex charges test prosecutors' reach

By Kibret Markos The Record of Woodland Park HACKENSACK, N.J. (AP) -- Can Bergen County prosecutors charge local residents for a crime committed in Europe? It's a question that will force a judge in Hackensack to venture into uncharted legal territory as he makes a ruling on Monday in the case of two employees of a Paramus high school who are accused of having sex with students during a trip to Germany last year. Defense attorneys are asking that the case be dismissed, arguing that the alleged crimes are way beyond the jurisdiction of Bergen County prosecutors. They say that New Jersey's criminal law was never intended to punish acts allegedly committed overseas, and it is unheard of for local authorities to extend their reach beyond international borders simply because the alleged victims reside in Bergen County. "I have not come across anything of a similar nature," Ray Flood, a Hackensack attorney representing one of the defendants, told the Record of Woodland Park, echoing the opinion among other observers and legal experts who said they have not heard of a county prosecutor reaching as far as Germany. Bergen County prosecutors, however, insist that the case is all about protecting children in Bergen County -- hardly a novel concept. The parents of the alleged victims entrusted their children to the care of the defendants here in New Jersey, and the defendants violated that trust during a school-sponsored trip, Kenneth Ralph, an assistant Bergen County prosecutor, argued in a motion. "The state has a strong interest in prosecuting the violation of this relationship and the laws of New Jersey," he said. The case involves Artur Sopel of River Edge, a former vice president of operations at Paramus Catholic High School, and Michael Sumulikoski of Elmwood Park, a substitute teacher and an assistant football coach at the school. The two were arrested last year and charged with having sex with students while chaperoning a school trip to the town of Werl in Germany in February 2011. According to grand jury testimony, one of the students confided in a teacher that she had sex with Sopel during the trip. The teacher contacted the state Division of Youth and Family Services, which then contacted Bergen County authorities. Prosecutors allege that Sopel, 32, and Sumulikoski, 28, had sex with at least three teenage students during the trip. A fourth student later came forward with similar allegations. Defense attorneys said in court papers that some of the students gave conflicting statements about having sex with the two men. One student said that she tried to flirt with Sumulikoski, and that he did not flirt back and told her that she and her friends should not come to his hotel room, according to defense attorneys. Sopel and Sumulikoski are charged in a 25-count indictment with multiple counts of sexual assault and child endangerment. Most of the charges carry a maximum of 10 years in prison, followed by lifelong parole and Megan's Law registration requirements. Defense attorneys insist that their clients did nothing inappropriate during the trip. But even if sexual acts took place in Germany, they argue that there is no way for Bergen County prosecutors and Superior Court in Hackensack to assume jurisdiction over the case. "There is just no reason to have the case here in Hackensack," said Robert Galantucci, Sumulikoski's attorney. To highlight the dilemma, defense attorneys even quoted an awkward phrase in the indictment that describes where the alleged crime occurred: ". in the Borough of Paramus, in the County of Bergen, and/or at some other location within the jurisdiction of this Court, including the municipality of Werl, Federal Republic of Germany." The general rule is that the place where the crime occurred is the appropriate venue for trial, although state and federal laws allow for some exceptions. Scott Burns, executive director of the National District Attorneys Association, said some state laws -- including New Jersey's -- allow local authorities to prosecute crimes that occurred outside of their jurisdiction if some aspect of the crime, such as the planning or conspiracy part of it, took place in their jurisdiction. Flood and Galantucci stressed there is no evidence that their clients committed any planning or conspiracy in New Jersey, or that they left for Germany with an intent to have sex with the students. Ralph, the assistant prosecutor, meanwhile argued in court papers that what made the acts a crime was that Sopel and Sumulikoski had supervisory authority over the students. "The most critical element of the offenses, the relationship between the parties, occurred within New Jersey, never terminated upon leaving New Jersey for Europe and continued upon their return," he said in court papers. Burns said courts may also assume jurisdiction over an "extraterritorial" case in the interest of "judicial economy." "If all the defendants, witnesses and other players in a case are located in New Jersey, would it make sense to try the case in Germany?" Burns said. In the federal system, a person who engages in child sex overseas can be prosecuted here in the United States, under a law that was enacted in the 1990s to fight international sex trafficking. That law was challenged in federal appeals courts, which ultimately held, however, that the federal government has the authority to enact such laws and prosecute citizens for some overseas crimes. Curtis Bradley, who teaches international law at Duke University School of Law, said that while it is not uncommon for federal laws to apply to American citizens overseas, state governments are a lot more limited in applying their laws outside of their borders. It is highly unusual to see a county prosecutor charging individuals for crimes that were committed outside the country, said Bradley, who was also a former counselor on international law at the U.S. State Department. As a judge now considers whether the case should be tried in Bergen County, the main factor will be the intent of the Legislature, Bradley said. "I would be surprised if New Jersey laws were intended to apply in Germany," he said. Bergen County Prosecutor John Molinelli, however, said parents must sign a permission form to allow their children to go on school trips, and that the agreement assigns significant responsibility to the school and its chaperones to take care of the students. Denying prosecutors jurisdiction in this case would send the message that victims and their parents would have no recourse in the event a chaperone breaches that responsibility during an overseas trip, Molinelli said. That could have a chilling effect on future school trips, he said. "The crime occurs at the site where the responsibility was entrusted," Molinelli said. "Victims and parents should not be left without recourse just because the actual violation occurred in another country." Published: Mon, Jul 9, 2012