DNA evidence cited as troopers seek dismissal of charges in sex scandal

Lawyers for seven state troopers disciplined in a sex scandal argued in a hearing yesterday that the administrative charges should be dismissed, saying the Attorney General's Office withheld critical evidence.

The troopers were originally accused of raping a Rider University student almost two years ago. Although they were never charged, the troopers were suspended without pay last month.

Yesterday, their lawyers said a recently disclosed DNA test proved the student had had sex with a different man after the troopers, then lied about it to investigators.

Because the evidence contradicts the woman's statements -- which the state is using against the troopers -- the lawyers said it should have been revealed earlier.

"These are serious, life-shattering allegations," attorney Patricia Prezioso said. "And yet the attorney general is very well aware there's evidence that undermines the accuser's allegations."

Deputy Attorney General Dermot O'Grady said the state had needed more time to supply the evidence.

"We had no idea this would be proceeding so rapidly," he said.

Yesterday's hearing was held at the Office of Administrative Law in Mercerville.

Randye Bloom, spokeswoman for the office, said the state needs to file a response Monday before the judge rules on whether to dismiss the case.

If the ruling is appealed, State Police Superintendent Rick Fuentes makes the final call.

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