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Court: ‘Misleading evidence’ led to indictment

5-3-14

CAPE MAY, N.J. (AP) — A state appellate court has upheld the dismissal of another indictment that accused a former southern New Jersey mayor of official misconduct.

The Press of Atlantic City (http://bit.ly/1iVTHbB) reports the panel found Friday that the Cape May County Prosecutor’s office presented “misleading evidence” to a grand jury that ultimately led to a four-count indictment against Gary DeMarzo.

The indictment, handed up in June 2012, marked the second time a county grand jury alleged DeMarzo used public funds to pay personal legal and related expenses while serving as Wildwood’s mayor. But a state Superior Court judge dismissed it in January 2013, and the appellate court ruling upheld that decision.

DeMarzo claims the indictment was politically motivated and is pursuing a malicious prosecution claim. He lost a re-election bid in May 2011

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Information from: The Press of Atlantic City (N.J.), http://www.pressofatlanticcity.com