Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and then were subject to post-conviction attack because of what might occur in Sergeant Dennis’s pending criminal case. The stay also allows for further internal investigation into Sergeant Dennis’s conduct by law enforcement, as well as an ultimate determination by the New Jersey Supreme Court. The stay Order reads:
It is on this 2nd day of November 2017, ORDERED that, based on the attached certification of Mr. Czepiel, the State’s Motion for a stay of proceedings in other courts that raise issues potentially affected by the Supreme Court’s ultimate determination in this matter, i.e. a DWI prosecution in which a BAC reading derived from an Alcotest device calibrated by coordinator Marc Dennis, is hereby GRANTED.
It is FURTHER ORDERED that the stay of proceedings contained in this Order shall not preclude other courts from ordering that sentences for DWI convictions or sentences for driving while suspended under N.J. S.A. 39: 3—40(f)(2) and (3) or N.J. S.A. 2C:40— 26 in, or because of, adjudicated Dennis cases be stayed pending the ultimate determination by the Supreme Court in this matter;
It is FURTHER ORDERED that if a DWI conviction in a Dennis case constitutes a predicate offense to enhance the gradation or applicable punishment in a subsequent prosecution for another charge, proceedings in the subsequent prosecution shall be stayed, unless the defendant expressly waives the right to the stay (and therefore the right to challenge his or her DWI conviction in the Dennis case regardless of the determination ultimately made by the Supreme Court in this matter) and agrees to allow the prosecution to proceed.
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