Retired Union City Police Officer Juan Estrella’s discrimination trial continued Tuesday as counsel debated if police promotions are political, given that state Senator (D-33)/Union City Mayor Brian Stack has a say in the matter.
By Daniel Ulloa/Hudson County View
Estrella is suing Stack, the Union City Police Department (UCPD), and former Police Chief Nichelle Luster, alleging he wasn’t promoted because he was Dominican.
While the defense said he didn’t have the record to get promoted, plaintiff counsel has argued officers who committed far worse offenses moved up in rank due to their relationship with Stack, who is also the public safety commissioner.
Defendant counsel Phillip Morrow asked former Police Capt. Richard Perez to describe his record of promotions and service with the force, which included a focus on community policing.
Plaintiff co-counsel Ernest Ianetti noted Perez served under three different Union City police chiefs who all promoted him.
“You’re telling us three separate chiefs recommended you for promotions notwithstanding your history of discipline?” Ianetti asked.
“Objection, your honor!” Morrow exclaimed.
“Overruled,” Hudson County Superior Court Judge Kalimah Ahmad declared.
“I wouldn’t know the thought process,” Perez calmly replied.
Ianetti also noted the chiefs had to recommend him, which occurred despite his history of discipline.
“Correct,” Perez said.
“And over all those years, the director of public safety who signed off on those recommendations and promotions was Brian Stack, correct?” Ianetti asked.
“I believe so,” Perez replied.
“And he did that notwithstanding your history of discipline?” Ianetti asked.
“Correct,” Perez replied.
“No further questions, your honor,” Ianetti said.
The court then took a break to prepare the technicalities of former Union City Police Officer Ruben Rodriguez to testify virtually via Zoom.
Co-plaintiff counsel Yasmin Estrella asked Rodriguez if he is a cop with the Union City PD, to which Rodriguez noted he retired last year.
Rodriguez detailed his experience when asked, noting he earned the rank of sergeant.
“Is a sergeant’s credibility important?” Yasmin Estrella asked.
“Yes, ma’am,” Rodriguez responded.
“Before you were promoted to sergeant, you had a significant disciplinary infraction, correct?” Yasmin Estrella questioned, to which Morrow objected.
“Sustained,” Ahmad said.
“Before you were promoted to sergeant, did you have a discipline issue?” Yasmin Estrella rephrased.
“Yes ma’am,” Rodriguez said.
“You had a severe discipline infraction, correct?” questioned Yasmin Estrella
“Yes,” Rodriguez answered.
“And you were in fact suspended for 105 days?” Yasmin Estrella pressed.
“Yes, Rodriguez replied.
“Did any of your disciplinary issues lead to issues in court?” Yasmin Estrella continued
“Never experienced that,” Rodriguez stated.
Yasmin Estrella noted he was accused of conduct unbecoming an officer, which Rodriguez acknowledged.
“If your truthfulness is called into question, how can you testify?” she added.
“I testify … to the best of my ability,” Rodriguez noted.
“ … Isn’t truthfulness an essential part of being a supervisor?” Yasmin Estrella asked.
“I would say so,” Rodriguez agreed.
“Did you speak to anybody regarding your promotion?” Yasmin Estrella asked.
“No,” Rodriguez responded.
Upon further questioning, Rodriguez said he didn’t recall anyone speaking to him prior to his promotion as sergeant, more definitively stating that no one question the aforementioned discipline as an obstacle to your promotion.
“Who approved your promotion to Sgt?” Yasmin Estrella asked.
“I don’t know exactly the process of the promotion,” Rodriguez replied.
“Who signed off on your promotion?” Estrella asked.
“The Public Safety Director Brian Stack,” Rodriguez replied, though he later said he never spoke to Stack about the promotion.
When asked about their relationship, noting it was “professional” and he was his boss in a sense since he is the director of public safety. He also admitted that he attended political fundraisers for Stack, though said they had little, if any, interaction at those events.
Morrow asked about ranks in the department and his highest level of formal education, to which Rodriguez said he had obtained high school diploma.
“ … You also didn’t discuss your potential promotion with the director of public safety? Is that correct?” Morrow asked.
“No, I did not,” Rodriguez answered.
“Do you have any personal knowledge of how the Union City director of public safety makes promotional decisions?” Morrow asked.
“None whatsoever, sir,” Rodriguez said.
Before he left the stand, Rodriguez handled questioning from Ianetti, who had him admit he was suspended two other times that hadn’t been mentioned on the court record before – once for neglecting duty and another for mishandling evidence.
“You served a 105-day suspension for conduct unbecoming before being promoted to sergeant?” Ianetti reiterated.
“Yes,” Rodriguez repeated.
“And notwithstanding that discipline, you were still promoted to sergeant, correct?” Ianetti asked.
“Yes,” Rodriguez responded.
“And even your untruthfulness didn’t stand in the way of you being promoted to sergeant, correct?” Ianetti asked.
“Objection!” Morrow exclaimed.
“Overruled,” Ahmad decided.
“Yes, sir,” Rodriguez stated.
The afternoon session concluded shortly after 3 p.m., but after the lunch break, it was mostly housekeeping, as former Union City Internal Affairs Supervisor Willie Sierra was going to testify virtually, but ended up being postponed until Monday.
He along with retired Police Lt. Juan Loaces, and Capt. Glenn Gaston are set to testify on Monday, the next time the court will convene, with current Police Chief Walter Laurencio taking the stand Tuesday.
Sometime in the 24-hour time frame, Luster is also slated to testify, with Stack expected to be on the stand sometime on either Wednesday and/or Thursday.
Editor’s note: Chief News Correspondent John Heinis contributed to this report.
