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 Welcome |
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Welcome to the Official WebSite of
St. John Vianney Softball
(1998-2004)
2004 Monmouth County Champions
2004 Shore Conference Champions
2004 South Jersey Parochial 'A' Champions
2004 NJSIAA Parochial 'A' Champions
#1 in New Jersey
#13 in The United States
New Jersey State Record For Victories in a Season (33)
***STATE CHAMPIONS***
*****2001, 2002, 2004*****
Thursday, May 3
Newark Star-Ledger softball notebook
THEY SAID IT
"I went there fearing the demons, but all I found were friends."
-- Manasquan assistant coach Aado Kommendant after being greeted by a former player and a dozen parents of former players who are away at college upon his first visit to St. John Vianney since his controversial firing there in July 2004. He was dismissed about a month after he coached the Holmdel school to a 33-0 record, the best in state history. St. John Vianney also filed various criminal charges related to theft against Kommendant, all of which have been dismissed in judicial rulings in the past six months.
Saturday, April 28
Kommendant finds comfort in Manasquan
By Rob Ziegler
Asbury Park Press
Aado Kommendant wasn't sure what to expect in his return to St. John Vianney, but any nerves quickly disappeared when the former Lancers coach and current Manasquan assistant stepped off the bus.
Kommendant, who also coached bowling and jayvee soccer at Vianney, was first greeted by a soccer player he coached in 1996. Then, once he reached the field, the 39-year-old coach noticed more familiar faces, parents from his 2004 record-setting 33-0 team, the last Lancers club he would coach.
"The minute I stepped off the bus I was surrounded by friends, so any jitters I had quickly went away," Kommendant said after Manasquan's 4-0 loss to Vianney on Thursday. "It was nice to be surrounded by friendly faces and people that have known me for a while, and supported me through thick and a lot of thin."
After leading the Lancers to a No. 1 ranking in New Jersey and a No. 13 national ranking in 2004, Kommendant received theft charges from the school and was fired. He spent the next three years in softball anonymity, focusing instead on clearing his name and record.
Even after an appeals court reversed his two theft convictions from municipal court, Kommendant was unsure of his coaching future, but then Amy Certo called.
"My thought process was there's a great coach out there that has a lot to offer," said Certo, Manasquan's head coach. "To be an assistant and come back into coaching, I thought it'd be a great opportunity for him and for us."
Certo played for Kommendant in a summer league while she was in high school, and his familiarity with her, as well as her other assistant coach, was a deciding factor in his decision to become a volunteer assistant for the Warriors.
"I've known her for the longest time so I'm very comfortable with her and she's very comfortable with me," he said. "There's not a lot of places I'd be comfortable going as an assistant."
But how long will Kommendant remain an unpaid assistant? Surely, there are any number of softball programs in the Shore Conference, and elsewhere, that could benefit from his services.
"Right now, I'm trying to do the best job I can for Amy and for the Manasquan team," Kommendant said. "I don't know what the future holds. I don't know if I'll ever get myself into a position where I can be a head coach again, but right now, I'm very happy."
Sunday, April 22
Vindicated, fired coach starts anew
BY BOB CULLINANE
STAFF WRITER
He has no official title.
No contract or job security.
He's not even getting paid.
But Aado Kommendant's new position as "volunteer assistant coach" for the 2007 Manasquan High School girls softball team is a dream come true.
"I'm having the time of my life," Kommendant, 39, of Howell said of the job.
Such enthusiasm for a second-banana job might seem odd from a man who, just three years ago, was considered possibly the best head softball coach in the state, if not the nation.
In 2004, Kommendant led the St. John Vianney High School girls softball team to an unprecedented 33-0 record, gaining the No. 1 ranking in the state and the No. 13 ranking in the nation.
In fact, the team had just won its third state championship in four years, all under the leadership of coach Kommendant.
But at the end of that 2004 season, Kommendant was thrown a proverbial curveball he might consider it a beanball in the form of theft charges filed by the Holmdel school.
As a result, he was fired, his job opportunities dried up and he spent the better part of three years and more than $30,000 in legal fees working to regain his hard-won reputation.
"The truth is, I was pretty sure I would never coach for a school again," Kommendant said.
More than the fence
Kommendant's three-year ordeal began in 2004, just a few days after the conclusion of that championship SJV season.
That's when Joseph Deroba, the principal of St. John Vianney H.S., asked Kommendant to return to the school a white plastic, portable fence that was used in the outfield during softball games.
The coach had removed the fence from school grounds after the season for safekeeping, he said, citing numerous instances of vandalism directed at the girls' team during the year.
For example, the girls' locker room was trashed, the team's pitching machine was damaged and the fence was smashed and broken. Kommendant's locker in the faculty locker room also was broken into and his clothes were removed.
Kommendant told Deroba he would return the $3,000 fence, which was being stored at the home of a team member's parents, if the school could guarantee its safety.
Deroba said he could not, so Kommendant kept the fence, according to court testimony.
Three weeks later, Kommendant received a summons in the mail informing him that he was charged with theft by the school.
The severity of the charge and its potential impact on his career was not lost on the coach, who was also a substitute teacher. Kommendant returned the fence to the school.
But the school would not drop the charges, and, on July 8, Kommendant was fired.
Kommendant said at the time that "the real issue is not the fence," and claimed the firing was in response to a complaint he filed alleging the school violated federal law by providing unequal treatment and funding of girls and boys sports programs at the school.
But as a private, Catholic school, St. John Vianney receives no federal funds and is not subject to the federal law.
Further, school officials denied the boys and girls teams were treated differently at the school.
Additional charges
After a series of delays and failed attempts to settle out of court, the theft case against Kommendant went to trial in June 2005.
Following two days of testimony, Holmdel Municipal Court Judge Robert McLeod found Kommendant guilty of stealing the fence and several team trophies is his possession. (The trophies also had been returned.)
Kommendant was ordered to pay $316 in fines and costs.
On appeal, a state Superior Court judge in November 2005 upheld the theft conviction.
A month later, Kommendant received more bad news: A Monmouth County grand jury returned an indictment charging him with the misappropriation of more than $9,000 from a bank account he set up in the St. John Vianney team's name.
He was prepared to fight the new charges, but the defense would cost more. And Kommendant, who estimates he had already spent $30,000 in legal fees, was broke.
He was working as a delivery driver for a medical supply company, but because of his conviction, Kommendant was by state law ineligible to teach or coach.
"It would be fair to say I was at the end of my rope," Kommendant said.
That's when he called Jeff Thakker, a Spring Lake lawyer.
In December 2005, Thakker agreed to defend the coach against the misappropriation charges "for peanuts," the coach recalls.
And Thakker also convinced Kommendant to file an appeal of his theft conviction to the state appellate court.
"I felt terrible for (Kommendant)," Thakker said last week. "From what I saw of the fence case, it was an obvious miscarriage of justice."
Total vindication
In October 2006, an appeals court agreed, reversing the two theft convictions from municipal court.
"I'm finally going to get some sleep after 2 1/2 years," Kommendant said at the time.
But less than two months after receiving the good news, Kommendant was back in court, facing charges he misspent $9,000 of team money.
That trial lasted two weeks and led to a hung jury. In February, state Superior Court Judge Anthony J. Mellaci Jr. then threw the case out, adding that it never should have come to trial.
It was total and complete vindication for Kommendant. A home run.
"I wish the whole world could have heard the judge," the coach said.
In the wake of his court victories, Kommendant has filed a civil action in state Superior Court against the school and the Diocese of Trenton, claiming he was wrongfully terminated.
"(Kommendant) has been subjected to a vendetta of malice and vindictiveness," his new attorney, Richard Schibell of Ocean, said last week.
Neither the school or principal Deroba could be reached for comment.
However, in response to Kommendant's suit, lawyers for the diocese and school filed an answer in court, denying the firing of the coach was wrongful or discriminatory, and claiming the diocese was not involved in the termination decision.
Kommendant also has been cleared by the state Department of Education to teach again. Now unemployed, he is awaiting the reinstatement of his teaching certificate.
But the real reward for Kommendant is his return to coaching, even if it's only as an unpaid volunteer.
And perhaps his biggest game ever will come Thursday, when his new team Manasquan travels to Holmdel to play his old team: St. John Vianney.
"I'm looking forward to going back, to seeing some of the kids and the parents," he said of the game. "And for the first time in a long time, I won't feel embarrassed."
Saturday, February 10
St. John Vianney coach acquitted of theft charges
BY JAMES A. QUIRK; STAFF WRITER
Posted by the Asbury Park Press on 02/10/07
FREEHOLD — Two months after a hung jury prompted a mistrial, a Superior Court judge Friday acquitted former St. John Vianney High School softball coach Aado Kommendant of the charge that he stole thousands of dollars from the team's coffers.
Kommendant, 39, of Howell, was indicted on Dec. 12, 2005, on a single charge of theft by deception. Prosecutors alleged that from August 2001 to May 2005, Kommendant took more than $9,000 from an unauthorized checking account at a Howell bank in the name of "Vianney softball" and spent the money on himself.
Kommendant pleaded not guilty on Feb. 14, 2006. During the course of the nearly yearlong trial, eight witnesses gave testimony, and more than 93 items were introduced into evidence.
"It is clear from the trial testimony that Kommendant was reluctant to turn over monies raised for the school program because of a fear that said monies would not be specifically directed to the girl's softball activity, but would be commingled and used for other school activities," Judge Anthony J. Mellaci stated in his written opinion.
On Dec. 15, a jury of eight men and four women who deliberated the case for nearly eight hours over two days could not reach a verdict. Mellaci declared a mistrial. Kommendant's attorney, Jeff Thakker, quickly filed for acquittal.
Key factors behind the jury's inability to reach a verdict were the prosecution's inability to give an accurate account of the money that he supposedly stole, and Kommendant's own testimony when he finally took the stand, Mellaci wrote.
At the onset of the trial, Kommendant was originally accused of stealing $12,057.64 from the softball team. But after deeper examinations of accounting methods, that amount was recalibrated several times and finally diminished to a claim of $2,119.68.
When Kommendant took the stand, he said that he could not only account for the missing money, but also stated that "if a true and reliable accounting was now inducted, he claimed it would show not only that he did not misappropriate funds, but that he was owed several thousand dollars from monies that he spent that were unreimbursed," Mellaci wrote.
Ultimately, there was not enough evidence presented to prove beyond a reasonable doubt that Kommendant stole any money, the judge wrote.
"It is clear to this court that Mr. Kommendant, among other things, used poor judgment, is a horrible keeper of records and accounting, and made a mistake in putting monies from two separate entities into one account labeled "Vianney softball,' " Mellaci wrote. "However, he is not a thief or a criminal and did not misappropriate any funds during the course of the time period covered in the indictment."
In December, a state appeals court also reversed unrelated theft convictions against Kommendant, who was accused of removing an outfield fence and five team trophies from the Holmdel school.
The school's administration had claimed Kommendant improperly removed a plastic outfield fence that had been purchased with money raised by team members.
Ordered to return the fence by Principal Joseph DeRoba at the end of the 2004 season, Kommendant declined after DeRoba told him he could not guarantee the fence wouldn't be damaged if left in place at the field. He eventually returned the fence to the school.
Saturday, December 16
Hung jury in ex-coach's theft case
Posted by the Asbury Park Press on 12/16/06
BY KEITH BROWN
COASTAL MONMOUTH BUREAU
FREEHOLD — The theft case against a former St. John Vianney High School softball coach ended in a mistrial Friday after a jury could not reach a unanimous verdict.
Aado Kommendant, 39, of Howell was accused of taking more than $9,000 from an unauthorized checking account at a Howell bank in the name of "Vianney softball" and, from August 2001 to May 2005, using that money for himself, prosecutors have said.
Kommendant was charged with a single count of theft by deception.
But a jury of eight men and four women who deliberated the case for nearly eight hours during two days could not reach a verdict. Superior Court Judge Anthony J. Mellaci late Friday declared a mistrial and dismissed jurors, who filed past Kommendant on their way out of the courtroom. Several stopped to shake his hand.
Mellaci set a Jan. 2 conference between both sides to decide if there will be a second trial.
Outside the courtroom, Kommendant and his lawyer, Jeff Thakker, expressed disappointment about the hung jury but said they were prepared for a second trial.
"I had hoped this would be a once-in-a-lifetime experience," Kommendant said.
Thakker — who has said the charge against his client was the result of inaccurate accounting, not theft — called the outcome "unfortunate" but said he was "very much prepared to try this case again."
Monmouth County Assistant Prosecutor Thomas Fichter, who prosecuted the case, declined to say whether his office would proceed with a second trial.
Jurors began deliberations Thursday afternoon and continued Friday morning. Around 11 a.m., the jury asked for a break and to have Mellaci re-read the charge against Kommendant. After several minutes back inside the jury room, jurors asked for a printed copy of the charge.
The jury reconvened around 1:30 p.m. after a lunch break, and at several points they could be heard shouting from inside the jury room adjacent to Mellaci's courtroom.
Jurors at first asked to be excused for the day around 4:15 p.m. because they said they had not reached a unanimous decision. Mellaci pressed the jury on whether that meant they were close to a decision that could be reached on Monday or if they were deadlocked.
Twelve minutes later, the jury said they would be unable to reach a verdict at all.
Outside the courthouse, some half dozen jurors were talking with Kommendant in the parking lot, but all declined to comment on the trial.
A state appeals court recently reversed unrelated theft convictions against Kommendant, who was accused of removing an outfield fence and five team trophies from the Holmdel school.
The school's administration had claimed Kommendant improperly removed a plastic outfield fence that had been purchased with money raised by team members.
Ordered to return the fence by Principal Joseph DeRoba at the end of the 2004 season, Kommendant declined after DeRoba told him he could not guarantee the fence wouldn't be damaged if left in place at the field. He eventually returned the fence to the school.
Friday, October 27
Ex-coach wins overturning of 2 convictions
BY BOB CULLINANE
STAFF WRITER, Asbury Park Press
A former St. John Vianney High School softball coach, who was convicted last year of theft for removing an outfield fence and team trophies from the Holmdel school, won reversal of those convictions Thursday in a state appeals court.
Aado Kommendant, who coached the girls team to three state championships before losing his job in 2004 in a dispute over the fence, said he was "elated" by the overturning of the convictions and "glad the (appellate) judges saw this for the malicious and vengeful prosecution it was."
"I'm finally going to get a good night's sleep after 2 1/2 years," he said.
The Catholic school's administration had claimed Kommendant im-properly removed a plastic outfield fence that had been purchased with money raised by team members.
Ordered to return the fence by Principal Joseph DeRoba at the end of the 2004 season, Kommendant declined after DeRoba told him he could not guarantee the fence wouldn't be damaged if left in place at the field.
Kommendant sought the assurance after several acts of vandalism against other equipment belonging to the girls team.
The standoff prompted the school to call in Holmdel police, who filed theft charges against Kommendant for failing to return the fence and for keeping five team trophies.
Kommendant, who had just coached the SJV softball team to a 33-0 season, was also fired by the school from the part-time coaching job.
At the time, the coach claimed the firing and the theft charges came in retaliation for questions he raised about equal treatment for boys and girls sports teams at the school.
Kommendant relented and returned the fence to the school, but it did not drop the charges.
In July 2005, a year after the charges were filed, Holmdel Municipal Court Judge Robert E. McLeod found Kommendant guilty of two charges of theft after a three-day trial.
Kommendant appealed to state Superior Court in Freehold, where Judge Edward M. Neafsy upheld the theft convictions in November. The Monmouth County Prosecutor presented the case against Kommendant.
The appeals court ruling Thursday officially overturns Neafsy's ruling and effectively reverses the finding of the municipal court, according to Kommendant's attorney, Jeff Thakker of Spring Lake.
The two-judge appeals panel said there was no proof that the fence belonged to the school. The judges also said that Kommendant's possession of the team trophies did not represent an intention "to deprive SJVHS of them."
First Assistant County Prosecutor Peter Warshaw said Thursday his office has not yet decided whether to pursue the case in the state Supreme Court.
St. John Vianney principal DeRoba said Thursday he was unaware of the conviction reversals and, when informed of the specifics of the ruling, replied: "Whatever. To me, this thing is done. It's over."
DeRoba would not say whether the school would consider further legal action.
Charles Rooney, whose daughter Amanda played for the SJV softball team when Kommendant was coaching, said Thursday the conviction reversals were "great news. I'm glad to see that (Kommendant's) name has been cleared and he will be able to go on with his life."
Rooney was one of several parents who, along with Kommendant and team members, removed the fence from school grounds after the 2004 season.
Kommendant, who said the theft convictions made him ineligible to coach in public and parochial schools, was unsure Thursday if the ruling will encourage him to seek a future coaching position.
"I used to be a softball coach, and it's something I always enjoyed," he said. "If (an offer to coach) came my way, I would strongly consider it. But I can't say for sure. A lot of damage has been done."
Kommendant has also filed a lawsuit against the school, claiming his firing was the result of his questions about possible discrimination against girls athletics.
Bob Cullinane: bobc@app.com or (732) 643-4285
Thursday, October 26
The Appellate Opinion
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SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2101-05T1
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
AADO KOMMENDANT,
Defendant-Appellant.
_______________________________
Submitted September 26, 2006 - Decided
Before Judges Weissbard and Lihotz.
On appeal from Superior Court of New Jersey,
Law Division, Monmouth County, Municipal
Appeal No. 05-083.
Jeff Thakker, attorney for appellant.
Luis A. Valentin, Monmouth County
Prosecutor, attorney for respondent (Mark P.
Stalford, Assistant Prosecutor, of counsel
and on the brief).
PER CURIAM
After trial de novo in Superior Court, R. 3:23-8(a), defendant Aado Kommendant appeals his conviction on two complaints of theft, N.J.S.A. 2C:20-3(a). We conclude the evidence presented does not support the Law Division’s finding of theft and, therefore, we reverse.
October 26, 2006
2 A-2101-05T1
Since 1998, defendant was the head coach of the NJSIAA Parochial "A" Championship, St. John Vianney High School (SJVHS) varsity softball team. Defendant was not otherwise a faculty member of the school. In the summer of 2003, at defendant's suggestion, the parents and players of "Vianney Softball," a summer league softball team coached by defendant, agreed to commence weekend fundraising efforts to purchase a breakaway portable PVC outfield fence for year-round use.
Monies collected were deposited into a bank account titled to "Vianney Softball" at defendant's address. Defendant was the sole signatory on the account. In March 2004, prior to the softball season, defendant purchased the fence for $3,184.96, using monies raised during weekend fundraising efforts and deposited into the "Vianney Softball" account. The fence was erected on the high school field by the players, their parents and defendant. Defendant expressed his view, at the municipal court trial, that the fence belonged to the players, whose outside efforts afforded its purchase and installation. During spring 2004, tension developed between defendant and the SJVHS principal, Joseph P. DeRoba. Defendant testified that one area of friction centered on what he perceived was DeRoba's unwillingness to prevent future vandalism of the softball team's equipment, including the new fence, which had been knocked down multiple times, and on one occasion, broken.
On June 4, 2004, DeRoba told defendant he desired to move the fence to avoid sprinkler stains when the school maintenance staff watered the outfield grass. Defendant expressed the need to use the fence in preparation of the State Championship game on June 7, 2004. On June 6, 2004, after practice, defendant, the players and their parents removed the fence from the school field, relocating it to a garage. Defendant's witnesses consistently testified about concern for the team's equipment and SJVHS's past failure to prevent its damage, stating the fence was "removed and placed in safekeeping until the following season." When confronted by DeRoba, defendant said he took the fence and would return it at the commencement of the 2005 season. Defendant again expressed to DeRoba his concerns about prior vandalism to the team's equipment, asking DeRoba to guarantee that the fence would be secured if kept at the school. DeRoba did not provide that "guarantee," so defendant did not agree to return the fence. DeRoba issued a written directive to defendant to return the fence by June 14, 2004. Because the fence was not returned, DeRoba instructed the school's resource officer Cpl. David Tuschmann, who was a Holmdel juvenile police officer, to file a criminal complaint for theft of the fence.
The complaint signed by Tuschmann on June 30, 2004, alleges the fence belonged to SJVHS and had a value of "$4,500." Defendant returned the fence on July 9, 2004, undamaged, one day after DeRoba informed defendant his coaching contract would not be renewed. DeRoba also sought from defendant the return of five softball trophies. DeRoba acknowledged defendant did not state he had the trophies, but the two reached "a gentleman's agreement" that the trophies would be returned when the team's celebrations and banquet ended. Months passed. On April 12, 2005, defendant returned one trophy. A parent testified that, in spring 2005, she approached the SJVHS assistant principal explaining she had the trophies and wanted to return them. The parent was advised to wait as he "wanted to follow the proper channels." A second criminal complaint alleging theft of the trophies was issued on April 19, 2005. The remaining four trophies were delivered to the Holmdel police department on April 21, 2005, by a team parent, who was asked by defendant to return the trophies when she received them.
After trial, the municipal court found no distinction between the summer softball team and the SJVHS team, reasoning that "[p]resumably their fundraising efforts were presented as a school function," and "regardless of the loose control of the clubs' and teams' accounts, the money was given to finance a school function." Thus, the municipal court judge concluded "St. John Vianney High School owned the fence" and "[defendant's] statement that the School did not buy the fence, 'the girls bought it[,]' is analogous to declaring the workers in a factory to be the owners of the products they make." The municipal court found defendant guilty of theft of the fence, declaring the "statute contains no requirement that the deprivation of the property be intended to be permanent." As to the trophies, the municipal court amended the complaint, R. 7:14-2, and found defendant guilty of the downgraded charge of theft by failure to make required disposition of property received, N.J.S.A. 2C:20-9, as defendant failed to return the trophies when requested.
Defendant raises numerous issues on appeal. Our discussion centers on the arguments challenging the sufficiency of the State's proofs; thus, we need not address the merits of defendant's Points I, II, III and VII. We also need not reach defendant's motion to supplement the record. The State must establish each element of the offense alleged beyond a reasonable doubt, see In re Winship, 397 U.S. 358, 362, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970), and the trial court must make specific findings of fact regarding each element. See State v. Locurto, 157 N.J. 463, 470 (1999). While the judge need not "articulate detailed, subjective analyses of factors such as demeanor and appearance to support credibility determinations on each and every witness," effective appellate review requires specific findings regarding the elements of the offense. Id. at 475. If the judge is mistaken as to the elements, then the adjudication cannot be affirmed. Id. at 471. Theft of movable property occurs when a person "unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof." N.J.S.A. 2C:20- 3a.
Our review of all evidence discloses the State failed to meet its burden to prove SJVHS was the owner of the fence. No indicia of ownership of the fence by SJVHS was offered, otherthan the mere fact that defendant, the players and their parents erected it on the school's property. The evidence establishes that the money was raised outside of school at a time when the varsity softball team was not yet chosen for the 2004 season; that this money was placed in an account controlled by defendant, which he asserted contained the fruits of the summer team's fundraising efforts; that defendant ordered and paid for the fence, which was picked-up by a parent at defendant's request; and that defendant, the summer players and their parents erected the fence. SJVHS had no involvement in any phase of this transaction, a fact evidenced by the overstatement of the fence's value expressed in the theft complaint and by the fact that SJVHS had no records of its purchase. Our analysis of the record discloses no evidence supporting the municipal judge's assumption that "[p]resumably [the players'] fundraising efforts were presented as a school function," rendering his conclusion that "St. John Vianney High School owned the fence" erroneous. See State v. Castagna, 387 N.J. Super. 598, 604-05 (App. Div. 2006).
Additionally, the State failed to prove beyond a reasonable doubt that defendant's purpose in removing the fence was to deprive SJVHS of the movable property. N.J.S.A. 2C:20-1. DeRoba admitted to defendant that he could not assure the fence's safety during the off-season. At the time of the fence's removal, defendant expected to return as the 2005 softball coach. The evidence presented by all witnesses supports the fact that the fence was removed by defendant for safekeeping until the 2005 season. Further, when defendant's contract was not renewed, he returned the fence the very next day. Defendant did not withhold the fence "permanently or for so extended a period as to appropriate a substantial portion of its economic value . . . ." Ibid.
Regarding the trophies, N.J.S.A. 2C:20-9 provides, in pertinent part: A person who purposely . . . retain property upon agreement or subject to a known legal obligation to make specified . .. disposition . . . is guilty of theft if he deals with the property obtained as his own and fails to make the required . . .disposition. [N.J.S.A. 2C:20-9.] Under the statute, "the initial taking [of the property] is authorized but at a later time a theft occurs when the property is converted to the possessor's own use." State v. Dandy, 243 N.J. Super. 62, 64-65, (App. Div. 1990). Here, the State failed to establish, beyond a reasonable doubt, that defendant had the trophies, and that he intended to deprive SJVHS of them and convert them for his own use. See State v. Altenburg, 223 N.J. Super. 289, 297 (App. Div. 1988). The evidence shows defendant returned the one trophy in his possession prior to the filing of the complaint, while the other four trophies were in the possession of team members or one parent. Thus, our review discloses the required elements of proof for conviction under
N.J.S.A. 2C:20-9 are not satisfied. Reversed.
Saturday, November 12
Judge upholds conviction of ousted coach: Fired, charged for removing fence from high school field
Posted by the Asbury Park Press on 11/12/05
BY BOB CULLINANE
FREEHOLD It was a new judge and a different courtroom, but the same outcome for Aado Kommendant on Thursday.
The former St. John Vianney High School softball coach, who was convicted of theft in June for removing a plastic outfield fence from the Holmdel school, had that conviction upheld Thursday by Superior Court Judge Edward M. Neafsy, according to Kommendant's attorney.
"The judge essentially reaffirmed the ruling of the Municipal Court," Riaz Mian, Kommendant's attorney, said Wednesday. Mian said the decision can be appealed within 45 days, "but my gut reaction is not to take this further."
Kommendant said the 18-month ordeal has cost him $30,000 in legal fees and lost wages. And he said his coaching prospects are dim, thanks to a criminal record.
"I don't know what I'm going to do now," said the coach, who led the team to both county and state championships in 2004. "I was expecting the worst and hoping for the best, and I guess I got what I expected."
Kommendant said he has not yet decided if he will appeal. If he does not, Wednesday's ruling would conclude the case, which began following the varsity softball team's undefeated 2004 season.
Days after the season ended, Kommendant, along with members of the team and their parents, disassembled and carted away an outfield fence that the team had purchased with money it had collected.
The coach testified at a two-day trial in Holmdel Municipal Court that earlier acts of vandalism had damaged team property, and the team decided to remove the fence for safekeeping.
During the trial, Kommendant and members of the team recounted at least three separate episodes of vandalism targeting the field.
But when the school administration discovered the fence had been removed, it demanded the coach return it. Kommendant said he would comply if the school guaranteed the fence would not be damaged while in school custody.
School officials would not issue such a guarantee, and Kommendant refused to return the fence, leading to the coach's firing and the filing of theft charges against him.
After a brief standoff, the coach returned the fence but the school and Holmdel police refused to drop the charges or reinstate him. Negotiations also failed to avoid a court hearing, and in June, Holmdel Municipal Court Judge John E. McLeod found Kommendant guilty of theft. The coach was ordered to pay $316 in fines for the crime.
Thursday, July 7
Ex-coach who took fence must pay $516
Aado Kommendant may appeal, has said charges were in retaliation
BY BOB CULLINANE
STAFF WRITER
HOLMDEL Aado Kommendant, the former St. John Vianney High School softball coach who was convicted of theft last month for removing a plastic fence and five trophies from the school, was ordered by a judge Wednesday to pay $516 in fines and costs as punishment for the crimes.
"I did what I had to do," Kommendant, 38, said after the sentence was delivered by township Municipal Court Judge Robert E. McLeod, who fined the former coach $100 each on the two counts of theft.
Court costs and payments to the Victim's Crime Compensation Board and the Safe Neighborhoods Program make up the balance of Kommendant's debt to the court.
The former head coach, who led the softball team to numerous local and state championships during his seven-year tenure, was scheduled to be fingerprinted and photographed after the sentencing.
He said he would pay a portion of the fine Wednesday and establish a payment plan for the balance.
Kommendant's attorney, Riaz Mian of Asbury Park, said his client is considering an appeal of the conviction and has 20 days to make such a filing.
If an appeal is made, Mian said, it would likely be under the so-called "de minimus" statute, which essentially provides that the crime in question is so trivial as to warrant outright dismissal, even after a conviction.
In his 10-page verdict, delivered on June 13, McLeod himself raised the "de minimus" prospect and suggested it might apply in the case.
However, when Mian argued Wednesday for the judge to dismiss the charges under the statute, McLeod said he does not have jurisdiction. He said such a ruling can only be made by the Superior Court county assignment judge. In Monmouth County, that is Judge Lawrence M. Lawson.
Wednesday's sentencing came a little more than a year after Kommendant along with members of the softball team and their parents removed the portable outfield fence from school grounds.
According to testimony in the two-day trial held last month, the fence had been one of several pieces of team equipment damaged by vandalism, and was removed on June 6, 2004, to ensure that it wouldn't be damaged.
When school officials noticed the fence was gone, Kommendant was ordered to return it. He said he would comply if the school could guarantee the fence would not be damaged.
Principal Joseph DeRoba said he could make no such guarantee, and Kommendant refused to return the fence.
The school responded by contacting Holmdel police, who filed charges of theft against the coach, and by firing Kommendant.
Kommendant then relented and returned the fence, but the charges were not dropped, and the coach was not reinstated.
Earlier this year, the school demanded that the coach return five trophies won by the softball team over a number of years. After the demand was made, the trophies were delivered to the school by the parent of a team member.
Kommendant has often contended that the theft charges represented a retaliation for his remarks about what he considered the school's preferential treatment of the boys' athletic programs.
"The real issue is not the fence, it's Title IX," Kommendant said Wednesday, referring to the section of a federal law that compels institutions that receive federal funds to distribute them fairly.
As a private, Catholic school, St. John Vianney receives no Title IX funds. And school officials denied any preferential treatment takes place at the school.
The sentence Kommendant received Wednesday represents a fraction of the fines he could have faced. Each count of theft carries a maximum penalty of a $1,000 fine and six months in jail.
Tuesday, June 14
Judge: It's fence theft but trivial
BY BOB CULLINANE
STAFF WRITER
HOLMDEL Just when you thought it couldn't get any stranger, the curious case of the plastic outfield fence "Fence-gate," those involved call it entered the realm of the bizarre Monday when a Municipal Court judge ruled that the removal of the fence by a St. John Vianney High School coach was indeed theft but then immediately suggested that his decision be appealed.
In a written decision that apparently reflects his attempt to reconcile the letter of the law with the spirit of the law, Municipal Court Judge Robert E. McLeod found former Vianney softball coach Aado Kommendant guilty of two counts of theft for removing the plastic outfield fence and for failing to return trophies won by the school's softball team.
But McLeod, who casti-gated both Kommendant and school officials for "behaving like children" in the nasty, yearlong dispute, said the infractions are so trivial that they qualify for dismissal consideration by a higher court. He suggested the case be presented to the state Superior Court assignment judge in Freehold for the review.
"I'm disappointed by the decision," Kommendant, 38, said Monday. "But I felt all along that, even if I was found guilty of the (theft) charges, I don't regret what I did to protect the girls' interest."
The popular coach had worked at the Catholic high school for 12 years and guided the softball team to several state and conference championships. The fence, purchased with money raised by the team, was taken following a season in which the Lancers' softball team had a 33-0 record, winning both the conference and state championships.
Each count of theft carries a maximum penalty of a $1,000 fine and six months in jail. No date was set for sentencing if McLeod's ruling is upheld.
During the two-day trial that concluded last week, Kommendant and other witnesses recalled several instances of vandalism of the softball team's equipment that led the coach to remove the fence for safekeeping after the 2004 season.
According to testimony, as many as 15 people helped the coach remove the fence from the school on a Sunday afternoon last June.
But when school Principal Joseph Deroba demanded Kommendant return the fence yet refused to guarantee its safety at the school Kommendant balked.
Holmdel police then filed the theft charge against Kommendant, and the school notified the coach he would not be rehired.
The coach returned the fence and later the trophies, but the charges were not dropped and he was not reinstated.
Kommendant believes the school's actions represent retaliation for comments he made regarding what he said was the inferior treatment of girls' teams at the school.
The school denied any preferential treatment for boys' athletic teams.
"The (Trenton) diocese and St. John Vianney are gratified that the court found in our favor," diocese spokesman Steven Emery said Monday.
"We have the fence. We have the trophies. We have a new coach. We wish Mr. K the best in his future endeavors."
It is a future that likely will include some sort of appeal, according to Kommendant's attorney, Riaz A. Mian of Asbury Park.
"The state did not prove beyond a reasonable doubt" that the charges against Kommendant were true, Mian said. "I'm going to meet with my client in the next few days to discuss all avenues of appeal."
Mian said the judge's reference in his opinion to the state's "de minimus" statute which permits a case to be dismissed when the offense is trivial is puzzling because McLeod was in the best position to exercise that option but chose not to.
Instead, McLeod suggested the statute as the basis of a possible appeal for Kommendant, writing that the thefts "were the product of obstinance and defiance rather than malice."
He further states that he is "inviting the assignment judge . . to exercise (his) greater authority and jurisdiction . . . under the "de minimus' statute."
Holmdel municipal Prosecutor Patrick B. Healy sees no contradiction in McLeod's ruling.
"He (Kommendant) could have avoided all this if he followed the advice of his attorney and accepted the settlement (offered by the school)," Healy said. "But he (Kommendant) wanted to go to court. Well, he went to court, and he was found guilty."
Monday, June 13
Vianney coach is found guilty in 'trivial' offense; appeal likely
BY M.A. MEHTA
Star-Ledger Staff
Former St. John Vianney softball coach Aado Kommendant was found guilty on two counts of theft for removing a portable outfield fence and five team trophies from school property, a Holmdel judged ruled yesterday.
In an unusual move, Judge Robert E. McLeod, in his 10-page decision, also suggested Kommendant appeal the ruling to Monmouth County Superior Court based on a de minimis statute reserved for "trivial" offenses.
"In my 15 years of criminal practice," defense attorney Riaz Mian said, "I have never seen a ruling by a judge inviting an argument to raise this statute. What I read it to mean is that I should take it up on appeal."
Mian said he was "leaning towards appealing" the decision that carries a maximum penalty of $2,000 and one year in prison.
Kommendant, 38, who led the Holmdel school to a state title in 2004 before being fired, was charged with removing the fence from school grounds in June of 2004 for 34 days.
"I'm disappointed by the decision," said Kommendant, who filed a Title IX complaint with the U.S. Department of Education last year for gender equity concerns in the St. John Vianney athletic department. "But as I've said all along, even after being found guilty, I don't regret the actions I took to protect the girls' interests."
McLeod called Kommendant's concern for the safety of the fence in light of perceived vandalism acts "commendable," but admonished his removal of school property. Kommendant testified that a handful of parents and the team helped remove the fence off school grounds.
"This case presents a situation in which adults are behaving like children, not maliciously, but simply foolishly," McLeod wrote. "It is a scenario in which the Defendant states that if he cannot have his way, he is taking the ball and going home. The problem is that he does not own the ball.
"The fact that the Defendant and his allies did not like the manner in which the fence was being safeguarded does not give them the right to seize it, to hold it as a hostage for improved security."
McLeod, who adjourned the case on May 18 before it concluded on June 6, said the school owned the fence even though the team collected money through independent fund-raising efforts.
Municipal prosecutor Patrick Healy did not return calls for this story. St. John Vianney principal Joe Deroba referred all queries to the Diocese of Trenton.
"The diocese and the administration at St. John Vianney are gratified that the court has found in our favor regarding the disputes with Mr. Kommendant," said Diocese of Trenton spokesman Steven Emery. "We have the fence. We have the trophies. We have a new coach. We wish Mr. Kommendant the best in his future endeavors, and we look forward to putting these incidents behind us."
St. John Vianney, No. 1 in the Star-Ledger rankings for much of the season, fell short of its bid to repeat as state champions after losing to Red Bank Catholic in the sectional finals last week. Red Bank Catholic defeated Mount St. Dominic, 3-0, to win the Non-Public A championship this past Saturday.
Tuesday, June 7
FORMER COACH TESTIFIES: Players, parents helped him remove fence
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