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Bunny-suited prankster and Hopatcong cop who slapped him share courtroom

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Officer Nicholas Maresca Jr. and Kevin Hemmerich did not interact in court. Watch video

SPARTA -- A Hopatcong police officer and the bunny-suited prankster he slapped last fall shared the same courtroom without incident Thursday.

Officer Nicholas Maresca Jr. and Kevin Hemmerich did not interact during back-to-back hearings before Municipal Court Judge Judge John E. Mulhern.

Their next appearance in court is April 20.

Maresca is charged with simple assault and Hemmerich with disorderly conduct. Three more serious charges filed against Hemmerich by Hopatcong police were dismissed in January.

About three dozen police officers, including most of the Hopatcong police department, filled the right side of Mulhern's courtroom.

Hemmerich sat on the left side with his mother.

Afterward, Sussex County First Assistant Prosecutor Gregory Mueller said, "I would hope that the officers were there in support of a fellow officer, and not the conduct of that officer."

Maresca remains on administrative duty.

Maresca's attorney, Anthony Iacullo, told NJ Advance Media on Wednesday that his client's actions did not constitute assault and that he acted "in accordance with his training and department protocol" during the Nov. 17 incident.

Hemmerich was turning himself in on an outstanding warrant and showed up in the Hopatcong police building lobby wearing a bunny suit and blowing an air horn.

His brother, Jason Hemmerich, was with him and recorded two officers, including Maresca, confronting him in the lobby. Soon after, he posted the video to Facebook and YouTube.

In court, Mueller, the prosecutor handling the cases against Maresco and Hemmerich, alluded to the widely-publicized video.

Mueller also told the judge that Kevin Hemmerich is among three potential witnesses against Maresca and, for that reason, resolving his case first would remove the possibility of him declining to testify to avoid self-incrimination.

"I do anticipate he would be a necessary witness for the state in connection with this matter," Mueller said.

Mulhern scheduled a trial for Hemmerich on April 20, on the same day of a second case hearing for Maresca.

Iacullo alluded to possible complications if the prosecutor reaches an agreement with Hemmerich.

"There could be some potential, I guess, issues that come about if the other party enters a plea in this case," Iacullo said.

Maresca responded affirmatively when Mulhern asked if he had been advised of his rights.

Hemmerich was approved for representation by Sparta's public defender, Daniel Colfax.

Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook


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