County Prosecutor

January 3 Thomas E. Ziniewicz, 33, of Newton pleaded guilty to a violation of Megan’s Law for failing to notify and re-register with local law enforcement that he had moved to a new address. Under the provisions of Megan’s Law, Ziniewicz, was required to notify the local police that he was moving to a new address 10 days prior to his actual move. Ziniewicz admitted to the court that on Oct. 16, he moved to a new address in the Town of Newton. Sentencing is to take place in February. Detective Michael Richards of the Newton Police Department and Detective Jason Garrigan of the Sussex County Prosecutor’s Office conducted the investigation. Ziniewicz was released on bail from the Walter-Keogh Dwyer Correction Facility. January 4 Sussex County Prosecutor David J. Weaver announced the re-sentencing of Charles Smith. On Oct. 16, 2002 a jury found Smith guilty of two counts of aggravated sexual assault, two counts of sexual assault and two counts of endangering the welfare of a minor. The case was returned to the trial court for reconsideration of sentence by the Appellate Division, due to the Supreme Court’s decision in State v. Natale. Smith was again sentenced to an aggregate term of 25 years with 12 years of parole ineligibility. He is also subject to community supervision for life and he must register under Megan’s Law. Viola Baker, 30, of Franklin, pleaded guilty to prescription fraud. Sentencing is to take place next month. Baker admitted that on Oct. 8, 2004, she called a pharmacy in Wantage and represented herself to be a doctor’s office in order to obtain hydrocodone. Charles T. Waldron, III, 28, of Middleville, pleaded guilty to resisting arrest. Sentencing is scheduled for Jan. 20. According to court records, on Nov. 25, in Hamburg, while being arrested for an outstanding municipal court warrant, Waldron struck the arresting officer in the head and face with his elbow and then attempted to run away. He was caught a short time later but continued to physically resist arrest until he was handcuffed. January 5 Sussex County Prosecutor David J. Weaver announced that the Sussex County Grand Jury handed up an indictment to the Honorable Thomas J. Critchley, Jr., JSC, at the courthouse in Newton on January 5,2006. The indictment charges Peter P. Filak, 55, of Hopatcong, was indicted with two counts of forgery and one count of retaliation against a witness. The case was investigated by Patrolman L. Shaver of the Hopatcong Borough Police Department. The Grand Jury alleges that, between Jan. 1, and Dec. 31, 2004, Filak ordered magazine subscriptions and miscellaneous merchandise in the name of another person as retaliation against the victim. The case was presented to the grand jury by Assistant Prosecutor Robert L. Klingenburg. January 6 Daliton Marcal, 25, of Elizabeth, was sentenced to one year probation, which will be transferred to Essex County. In addition, Marcal must perform 50 hours of community service, pay restitution in the amount of $607.47, pay fines and penalties totaling $280 and submit a DNA sample at his own expense. Marcal pleaded guilty on Nov. 14, 2005 to two counts of issuing bad checks. According to police, between June 15, and July 27, Marcal issued a total of four checks to two businesses knowing the bank would not honor any of the checks. Donald S. O’Brien, 36, of Sussex, was arrested and charged with both the distribution and possession of child pornography. O’Brien was charged as a result of a court authorized search warrant executed at his residence on Jan. 6. He was lodged in the Sussex County jail in default of a $10,000 bail. The search warrant and arrest was the result of a four-month investigation between the New Jersey State Police Digital Technology Investigations Unit, the New Jersey State Police Sussex Station and the Sussex County Prosecutor’s Office High Tech Crimes Unit. As in all criminal cases, defendants are presumed innocent until proven guilty in a court of law.