For the last three years, former North Bergen police Sgt. David Eisenhauer has worked hard to clear his name.
At one time, it all came easy for Eisenhauer. He was the youngest police officer ever hired by North Bergen. He was appointed in November, 1985 at the tender age of 19. A highly decorated officer who received every award and commendation possible for a police officer in the town, Eisenhauer was promoted to the rank of sergeant in 1991.
In 1994, Eisenhauer represented the North Bergen police department at the White House, meeting President Bill Clinton and Attorney General Janet Reno at the signing of the Law Enforcement Crime Bill.
Eisenhauer was in line to become a lieutenant on the force after placing first on the North Bergen list with his test results in 1995. He was well on his way to a long and illustrious career.
But then, in 1999, the world came tumbling down on Eisenhauer. He was accused of holding an illegal off-duty job as a private detective working for attorneys while still serving on the police force, which violates the Private Detective Act of 1939.
Eisenhauer was also accused of perjury, false swearing and official misconduct. He was terminated as a police officer and faced a five-count indictment from the Hudson County Prosecutor’s Office after a grand jury heard evidence and testimony.
“It’s been pure hell,” Eisenhauer said. “It’s been that way in every way possible, financially, emotionally, mentally, physically. I felt like I never did anything wrong. I wasn’t about to jeopardize my $65,000-a-year career for $3,000. I just wanted to clear my name. I was highly decorated and had no problems. Then, suddenly, I was a bad cop.”
Last month, the first step towards clearing Eisenhauer’s name occurred, when Hudson County Superior Court Judge Elaine Davis dismissed the five-count indictment against Eisenhauer, claiming that the assistant prosecutor handling the case, Michael Zevits, was, according to Davis’ written decision, “purposefully elusive with exculpatory information in his possession,” and that Zevits “failed to instruct the grand jury on the clearly exculpatory statutory defense contained within the Private Detective Act.”
Davis also said that the state failed to produce any “evidence that tended to prove that David Eisenhauer used his position as a police officer to gain employment with attorneys.”
Davis also applauded Eisenhauer’s testimony, stating that “he was fully and sincerely cooperating during the grand jury proceeding and that there was no evidence that the Defendant [Eisenhauer] was knowingly and intentionally misleading the grand jury.”
Eisenhauer’s attorney, Jersey City-based John A. Young, Jr., applauded Davis’ decision.
“Obviously, I’m happy for David,” Young said. “The judge made the right decision. It was a very sound decision legally. A lot of time was spent by the court to go through the transcripts of the testimony, and the court made a very fair and reasonable decision. There have been two presentations made to a grand jury in this case and both came away without an indictment. I hope it is over and it goes away now.”
Young said that he now plans to take the case to the state Office of Administrative Law to determine whether Eisenhauer was terminated legally and to possibly have Eisenhauer reinstated as a police officer, complete with back pay at the time of his termination three years ago.
“I’m more than happy to take our chances with an administrative law judge,” Young said.
North Bergen’s township attorney, Herb Klitzner, said that Davis’ decision had nothing to do with the departmental charges that still exist against Eisenhauer. The departmental charges were placed on a stay while the criminal charges were being addressed.
“Our departmental charges are separate litigation,” Klitzner said. “It never depended upon what the prosecutor did. The departmental charges were held in abeyance until the criminal charges were taken care of. We plan to continue where we left off when he got indicted.”
Added Klitzner, “The standards are completely different, with administrative as opposed to criminal. We believe that we will be successful. We believe that he violated rules that warranted termination.”
Had Eisenhauer been convicted of criminal activity, then the administrative charges would have been moot, because he would have had to relinquish his rights by law. But with that cloud no longer hovering over his head, Eisenhauer can move forward with the intent of getting his job back.
“Judge Davis’ verdict gives me vindication and proves that I didn’t do anything wrong from the beginning,” Eisenhauer said. “I want to be a police officer again. I want to clear my name. They turned the name of a good cop into a bad person for no reason.”
Eisenhauer has also filed a civil suit, with the police department, the town, and police chief Angelo Busacco among those named in the suit. Newark-based attorney Sanford Oxfeld is handling that suit for Eisenhauer.
“We can now move forward with that suit as well,” Eisenhauer said. “This is one hurdle I’ve already passed. Now, I have to move on to other ones.”