Hayden seeks pretrial intervention

Sussex County Commissioner Bill Hayden has asked a Superior Court judge to approve a Pretrial Intervention (PTI) application that would result in a charge against him being dropped if he meets specific conditions.

PTI is the state’s diversionary program for first-time offenders of non-violent crimes, allowing them to avoid criminal prosecution by completing up to three years of probation. Then the criminal charges are dismissed.

Judge Janine Allen told Hayden’s attorney, Emile Lisboa, and state Deputy Attorney General Christopher Scerbo in court Monday, Oct. 6 that she would review the application before the parties return to court Dec. 1.

At his arraignment last month, Hayden pleaded not guilty to one count of filing a fraudulent tax return, a third-degree crime. He is accused of falsely claiming veteran status on a tax return.

After his not-guilty plea, Scerbo offered Hayden a sentence of probation if he pleads guilty and resigns from public office and employment.

According to biographical information on the county website, Hayden works for the state Department of Transportation as a permit supervisor.

That offer remains on the table.

According to the prosecutor, Hayden assisted his then-wife in the preparation of their New Jersey Gross Income Tax Return for the tax year ending Dec. 31, 2019. On it, the box “Spouse/CU Partner Veteran” was marked, indicating that Hayden is a veteran although he is not.

As a result, Hayden received a $6,000 exemption to which he was not entitled, resulting in the avoidance of about $382 in taxes.

Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000.

His term as a commissioner expires at the end of this year. He is not seeking re-election.