Animal Cruelty Charges Reversed on Ex-Employee's Appeal

Animal cruelty charges against Morristown's former director of human services have been reversed on appeal. 

Thomas Alexander was found guilty December of all charges stemming from accusations of animal cruelty by "failing to provide a living creature with proper sustenance,” according to complaints. However, Alexander and his lawyer Gary Moylen successfully appealed the charges, which were dropped last Wednesday.

“We appealed these convictions to the Superior Court of New Jersey. I just received the order of Judge Mary Gibbons Whipple reversing these convictions and finding Mr. Alexander not guilty of all charges,” said Moylen.

Whipple's order states that the convictions were reversed because “the court finds that the State has not proven defendant’s violation of any of the four charged counts of animal cruelty beyond a reasonable doubt.”

The convictions that were dropped included four counts of animal cruelty, which included failure to provide proper food and drink to a dog. Other items that were dropped included a $500 fine and 30 days community service.

The initial conviction carried several thousand dollars in fines as well as a state requirement that the 61-year-old lifelong Morristown resident vacate his municipal position immediately. 

Although Judge Gerard Smith, of the Rockaway Township Municipal Court, later decided Alexander would not be required to vacate his position with the town, Alexander “resigned his position with the Town of Morristown,” said Moylen. In the court statement, it says he resigned “for health reasons.”

Because of Alexander’s former position in the town, the case was transferred to Rockaway Township.

When Judge Smith heard his case last year, Alexander said that he had to move from his Flagler Street apartment to a new residence that did not allow animals. Having befriended a man named Malik "Frankie" Rashid, who had taken a liking to Alexander's dog "Satin," he gave "Frankie" the dog.

About a month later, in late December 2011, Alexander said he was in the neighborhood and saw Satin, now severely malnourished, so he panicked. "I cried, I picked the dog up, went to the apartment I still had the key for and examined the dog," he said during testimony in September, and he fed the dog with food he still had at the apartment and gave her water. He was unsuccessful in finding "Frankie,” so about two days after finding Satin, he Morristown Animal Control Officer Samantha Judson.

Alexander was originally convicted because “the court found him not to be credible,” according to the court order. However, the charges were dropped because “the State did not present any direct evidence that (Alexander) was in possession of the dog for the 30-day time frame and that (Alexander) deprived the dog of the necessary food and sustenance during (that time).”

Related Patch Articles:

• Town Employee Found Guilty of Animal Cruelty
• Judge Delays Ruling if Morristown Employee Abused Do
• Animal Cruelty Charges Against Town Employee 'Outrageous,' Lawyer Says