Sign-stealing trial delayed after defense attorney no-shows

Readington Councilman John Albanese Jr. was supposed to go on trial Thursday morning in a dramatic case stemming from the theft of a half-dozen political signs last year. 

But when the judge gaveled the trial into session, his lawyer was nowhere to be found, forcing a delayed trial and leaving behind a livid judge.

Readington police arrested Albanese last May when he stole a half-dozen political signs from public property during a dispute between warring factions of the local GOP. Unbeknownst to him, the signs contained hidden Apple AirTags that led police straight to the materials he stashed in his garage.

An “allegedly” isn’t needed in this case: Albanese has admitted to taking the signs in court and legal documents. The trial is now largely to determine whether a judge believes the theft of the signs is worthy of a criminal disorderly persons conviction—Albanese’s attorneys have argued the case was “too trivial” to prosecute because the signs were worth so little (this argument has already failed in Superior Court). Albanese has pleaded not guilty.

But the trial has been postponed after Albanese’s new attorney, Michael Roberts, failed to appear Thursday morning.

“Any frustration you hear from the court is absolutely not directed to you,” Judge Seth Kurs told Albanese. “It is directed only to your attorney.”

Albanese replaced Scott Wilhelm, his previous attorney, with Roberts last week. During the transfer, Roberts signed an agreement with a clause that dictated the trial would not be delayed—but the judge said the attorney asked for a delay last week anyway. That request for a delay was denied.

The trial was scheduled for 9:30 a.m. in Hightstown (where the case was moved to avoid a conflict of interest) but was delayed to 10 a.m. to accommodate an ice storm that hit parts of New Jersey. The judge didn’t start the hearing until about 10:50 a.m., and neither Albanese nor Roberts were present.

The prosecutor, Christopher Koutsouris, told the judge that Roberts had advised Albanese to not go to court—Albanese only started making his way after he learned there could be a warrant issued for his arrest if he didn’t show.

When Albanese arrived, he said his attorney wouldn’t be coming.

Kurs gaveled the court into session again and detailed the morning fiasco. The judge said Roberts asked for a delay several times on Thursday, citing the ice storm, though Kurs pointed out that Albanese and several witnesses had managed to make it to Hightstown from Readington on time and without issue.

Kurs said he denied those requests for adjournment, but Roberts then went to a supervisory presiding judge for a delay. Kurs said he wasn’t sure if the presiding judge had ruled, but he still planned to get through the case today.

Still, Roberts didn’t show.

The judge said he was forced to delay the trial—moving forward would have violated Albanese’s constitutional right to an attorney.

But Kurs, angry about the attorney’s no-show, said he would schedule a sanction hearing for Roberts when the trial is all said and done. The prosecutor asked the judge to force Roberts to reimburse the municipality and witnesses for their now-wasted time.

Albanese said his attorney claimed to feel unsafe because of road conditions near him. Kurs, while acknowledging Albanese was simply following the advice of his attorney, didn’t accept the excuse.

“There were at least five people present prior to the 10 o’clock scheduled appearance today, all who came from the same Readington area from which counsel is appearing and which the defendant has come from,” the judge said. “So clearly there was safe passage here to the courthouse this morning.”

An employee at Roberts’ law firm said he declined to comment on the absence.

Thursday morning’s debacle is the latest twist in the already bizarre case.

GOP factions in Readington have sparred since moderates in the town endorsed former Rep. Tom Malinowski (D-Ringoes) over now-Rep. Tom Kean Jr. (R-Westfield) back in 2022. The conservative faction, looking to tie Albanese and others to the Democratic former congressman, placed signs in the town reminding voters of an ethics investigation into Malinowski’s stock trades.

Albanese, during what he described as “a moment of poor judgment,” stole six such signs. The councilman gave the signs back, undamaged, when police came knocking.

A Superior Court judge dismissed Albanese’s attempt to dismiss the case after the Republican argued that the thefts were “too trivial” to prosecute. Superior Court Kevin Shanahan instead returned the case to municipal court.

Last month, two political allies of Albanese, Jacquline Hindle and Christina Albrecht, were sentenced to 30 months in a PTI program for planting a recording device at a local restaurant to record a private meeting of two elected officials who are Albanese’s rivals. Under the PTI program, the women will avoid a criminal record if they go through a mental health screening and 30 months without legal troubles.