Court Date for Health Benefits Case Against Wildwood Officials Postponed

COURT HOUSE – The next hearing date for Wildwood Mayor Pete Byron, Commissioner Steve Mikulski and former Mayor Ernie Troiano Jr., who were indicted earlier this year on charges accusing them of illegally accepting health benefits in their elected positions, was postponed until May 19.
All three pleaded not guilty to the charges at their arraignment March 17. All three defendants have contended they worked well over the 35 hours required by statute for them to be considered full-time employees.
Eric Shenkus, the public defender representing Byron, said he will soon file a motion to dismiss the complaint against his client. He told the Herald the reason for the adjournment most likely had to do with the court’s calendar. Presiding Judge Bernard DeLury, who is overseeing the case, only calls a list in Cape May County once a month.
Troiano has filed a motion to quash a subpoena in the case, which will be addressed in court May 19. It is unclear what subpoena the motion targets.
Troiano’s attorney, Brian Pelloni, has said it’s his firm’s position not to speak with the media at all during an open case. A court official said she checked with the judge in the case, and he said the motion is not available to the media until after it has been decided.
Steve Mikulski’s lawyer, Dave Stefankiewicz, did not respond to a request from the Herald for comment on any updates in the case regarding his client.
All three have indicated a desire to go to trial and the state’s on the record plea offer, last articulated in March, included a three-year state prison term in exchange for a guilty plea from any of the three defendants.
All three stand accused of second-degree official misconduct, second-degree theft by unlawful taking, third-degree tampering with public records, and fourth-degree falsifying or tampering with records.
The case is being prosecuted by the New Jersey Attorney General’s Office.