Lawyer of St. Rose Coach Convicted Of Sexual Misconduct Seeks Retrial
A former Belmar high school baseball coach who was convicted for engaging in inappropriate text messages with his players is looking to have another day in court.
Bartholomew McInerney 's lawyers are claiming there were flaws with the original case which ended with McInerney being sentenced in January 2010 to 18 years in prison on 10 counts of child endangerment. McInerney's attorney, Edward Bertucio, claims that there were issues with information that the jury received during the initial trial.
"We believe there were substantial and numerous trial errors that occurred in this trial that warrants a new trial… [There were] numerous instances of jury instructions that we felt were in error that, or incomplete, or contradictory. "
Bertucio claims that there was a "an admission of a great deal of irrelevant and immaterial evidence that had nothing to do with direct allegations, which should not have been brought before the jury. "
One of the facts Bertucio is disputing is the assertion that his client had supervisory authority over the boys. Saying that his client's classification under that status and how it affects his specific charge as a second degree offender is something that was brought up to the appellate division.
Bertucio said he wants to see the original ruling overturned however at the moment they are looking for a new trial.
McInerney, 45 of Spring Lake Heights, was a former baseball coach at Saint Rose High School and was found guilty in 2009 for engaging some player in sexually explicit conversations and asking them to send him text messages about their masturbation habits in exchange of payment. This occurred from 2001 until 2007.
One of the 13 abuse victims was Andrew Clark Jr. also of Spring Lake Heights. The 18 year old was struck and killed by a train in 2008, the Monmouth County Medical examiner ruled it a suicide. His family has said their son's abuse by McInerney led him to suicide. One charge was dropped prior to trial, the other was dismissed.