Judge seals court records after intended target in Sudhan Thomas indictment was identified

Recent court filings in the indictment of former Jersey City Board of Education President Sudhan Thomas were temporary sealed on Thursday after the name of the state’s intended target in a political corruption sting operation was included.

Superior Court Judge Robert T. Lougy sealed the records after a brief  hearing this morning held at the request of the state attorney general’s office.  He said he’ll issue an order today.

Thomas was indicted last year on bribery, official misconduct charges.  Prosecutors allege that he traded public contracts for campaign contributions.

Loug has scheduled a hearing for August 16 to decide if the seal will continue, and on a bid by Thomas for a venue change.  His state indictment is currently in Morris County.  Briefs for that hearing will also be under seal.

Thomas is the biggest fish of five individuals charged in 2019 as part of the state’s cooperation agreement with Matthew O’Donnell, a tax appeal attorney who has admitted to using straw donors to direct campaign contributions to those who would ultimately hire his law firm, O’Donnell McCord.

This is the second time the attorney general’s office was forced to get a court order to seal records after intended targets the state sought to include in the sting operation were included in court filings.

Last year, prosecutors went to a judge in Hudson County to seal records that had already been included in court filings.  Superior Court Judge Galis-Menendez acknowledged that the attorney general’s office made a mistake in court filings that disclosed the names of the potential targets and said  the state could have filed a protective order or a motion to seal before turning over discovery, but erroneously failed to do so.

As part of his cooperation agreement, prosecutors directed O’Donnell to contact elected officials and candidates and offer them bribes in exchange for legal work.

In a January 31, 2018 meeting with prosecutors – his first – “O’Donnell provided the names of approximately 12 politicians he has dealt with in the past and believes he can assist us in charging for multiple crimes,” according to Kristin Maier, a detective for the attorney general’s Office of Public Integrity and Accountability, in heavily redacted court filings obtained by the New Jersey Globe through a records request with the judiciary.

Thomas Calcagni, O’Donnell’s attorney, told prosecutors that the “particular names were chosen as they felt they were the most time sensitive,” the report said.

Of the twelve names, four were eventually charged as part of the sting operation: former Morris County Freeholder John Cesaro, former Mount Arlington Councilman John Windish, former Assemblyman Jason O’Donnell, and 2018 Morris County freeholder candidate Mary Dougherty.

On February 16, 2018, at his second meeting with prosecutors, O’Donnell made ten phone calls in the presence of prosecutors, state investigators and an FBI agent.  The names of those not already charged were redacted.

On March 9, 2018, O’Donnell confirmed “the list of potential targets he believes he could be helpful with,” Maier wrote.

O’Donnell identified 11 targets, including some who were charged in December 2019.

Anthony Picione, the deputy director of the attorney general’s Office of Public Integrity and Accountibility, and deputy attorney general Eric Cohen represented the state in the hearing.

Thomas also faces a 26-count federal indictment for embezzlement and other alleged crimes.