A detective employed by the Mercer County Prosecutor’s Office is suing retired prosecutor Joseph Bocchini, claiming that because of his race he was passed over for promotions in favor of less qualified applicants.
Anthony Petracca, a Hispanic detective who spent six years with Princeton police before joining the prosecutor’s office in 2001, says he was also retaliated against by superiors who contend he violated office policies regarding things as petty as changing hub caps and having a dash camera in his patrol vehicle.
The dash camera was installed three years before, Petracca says, but became a problem with his superiors when he complained about alleged mistreatment to top brass inside the Mercer County Prosecutor’s Office.
Petracca wrote to Acting Prosecutor Angelo Onofri about the problems, saying he was also “greatly concerned that disparaging comments by a superior were potentially made about me … outside my presence with no opportunity to address the claims.”
He asked to meet with Onofri privately outside the office, but it’s unclear if that meeting took place. What is known is Petracca “for the first time in [his] tenure” received a subpar performance evaluation,” according to court documents.
Hired by the prosecutor’s office in 2001, Petracca spent 11 of his 14 years working under Bocchini, including the last four years assigned to child abuse and sexual assault unit.
He previously served in the trial, grand jury and domestic violence units, and spent another six years in special investigations, until March 2011.
When his working conditions soured, Petracca hired attorney John Nulty, who did not respond to a Trentonian email seeking comment.
He filed the lawsuit, which also names the county and prosecutor’s office as defendants, in October when his client’s complaints to Bocchini and Onofri went nowhere.
Seeking unspecified damages and attorney fees, the lawsuit contends the county prosecutor’s office violated state law by engaging in a “pattern and practice” of discrimination by twice passing over Petracca for promotions to sergeant, most recently in 2011.
“Officers who have less training, experience and education than plaintiff, but whom are not Hispanic, have received assignments and promotions which should have been provided to plaintiff,” the lawsuit says.
The county responded to the lawsuit by denying any wrongdoing. It contends “any and all injuries and damages alleged sustained” by Petracca were because of his “own actions and course of conduct.”
A Superior Court judge recently ruled Petracca’s lawsuit can go forward, despite county officials’ request for it to be tossed. However, Petracca can only sue the retired prosecutor in his official capacity.
The embattled Bocchini is also expected to be slapped with a second lawsuit in the near future from a woman accusing him of sexually harassing her and female assistant prosecutors throughout his 11 years as top cop.
Bocchini retired in February of this year, months before the Attorney General’s Office launched a criminal investigation into his conduct. Sources have told The Trentonian it is a longshot he will face any charges related to the sexual harassment investigation.
Besides sexual harassment allegations, investigators are believed to be looking into claims Bocchini had his secretary plan his wedding and golf tournaments on county time, which legal experts have said could constitute official misconduct.
The AG’s office has refused to confirm if it is also investigating allegations made by the woman’s attorney, Robin Lord, that emails a judge ordered preserved were destroyed, potentially by Bocchini or his underlings.
Bocchini has denied having anything to do with the destruction of evidence.
Petracca’s lawsuit contends he was passed over for promotions despite being a bilingual asset to the prosecutor’s office, obtaining his law degree from Seton Hall University in 2004 and consistently performing his duties in “satisfactory and/or exemplary fashion.”
“Defendants … were motived by evil motive or intent and or showed reckless disregard or callous indifference for plaintiff’s rights,” the lawsuit says.
Nulty wrote a letter addressed to Bocchini in May 2014, calling the decisions to pass over Petracca “deeply troubling.”
“While Detective Petracca accepted that his lack of seniority justified a determination not to promote him in 2004-2005, that decision lacked applicability to the promotional decision made in 2008,” Nulty wrote.
Thereafter, Petracca contends he took steps to improve his chances for promotion by joining an on-call unit. But he was passed over again in 2011.
Petracca wrote to his superiors in March 2014, outlining his concerns. The county’s employee relations office conducted an investigation but found Petracca’s allegations baseless.
It sent Petracca a letter in December 2014 that found “a limited number of promotional positions were available” and that the selection process “was without bias.”
The lawsuit says the investigation was “designed and conducted solely to justify defendants’ improper acts and/or omissions.”
The county filed a dismissal motion that included a sworn affidavit from Onofri explaining a promotional process that began in May of this year was suspended because of the budget.
“There have not been any promotions for sergeant since 2013, and our office does not anticipate any openings or lists in the near future due to budgetary constraints,” Onofri wrote.
