Officer Nicholas Maresca Jr. is "reflecting on his options," his attorney said Watch video
SPARTA -- The Hopatcong police officer charged with simple assault and harassment after slapping a bunny-suited, airhorn-toting prankster may be having second thoughts about going to trial.
Officer Nicholas Maresca Jr. is due in Sparta municipal court May 15 for a hearing that was confirmed Wednesday, six days after a judge scheduled his trial for July 6.
His attorney, Anthony Iacullo, said, "As a result of the potential implications to his career, pension and family, Officer Maresca will be meeting with those close to him and reflecting upon his options."
Under New Jersey law, if a public employee is convicted of a petty disorderly or disorderly persons offense that touches on their work, job forfeiture is mandatory unless the county prosecutor or state attorney general requests a waiver from the court.
Maresca receives a $103,609 salary, according to public records, and Iacullo said he has been a police officer for 20 years.
He and his alleged victim, Kevin Hemmerich, both appeared in court before Judge John E. Mulhern on April 20.
Hemmerich pleaded guilty to disorderly conduct and was fined $500. He has been expected to testify against Maresca.
Iacullo told the judge he was planning to call an expert on police use of force guidelines as a defense witness.
Two days later, though, Iacullo told NJ Advance Media, without elaborating, that Maresca is considering another path.
"The stakes for Officer Maresca as he contemplates his decision to proceed to trial have far-reaching implications beyond merely the verdict itself that would be rendered in court," Iacullo said.
Sussex County First Assistant Prosecutor Gregory Mueller, contacted Thursday, said he could not comment on any negotiations or potential resolutions of the case.
In court, Mueller told Mulhern that his office had been unable to reach an agreement with Maresca that would head off a trial.
Maresca remains on administrative duty.
The widely-publicized encounter between the veteran officer and Hemmerich occurred Nov. 17 at the police headquarters lobby.
Hemmerich was turning himself in on an outstanding warrant and showed up wearing a bunny suit and sounding an air horn.
Mueller previously said Maresca slapped Hemmerich in the face with an open hand, and that Hemmerich was not seriously hurt.
His brother was with him and posted a video of the ensuing confrontation to Facebook and Youtube.
Maresca was charged about two weeks later with simple assault, a disorderly persons offense.
Mueller's office filed the lesser charge of harassment on March 17, one day after his first court appearance.
Rob Jennings can be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook.