Bergenfield CPA Turns Down Chance at Freedom and Heads to Trial in Child Sex Assault Case

Bergenfield CPA Turns Down Chance at Freedom and Heads to Trial in Child Sex Assault Case

By Mary K. Miraglia

HACKENSACK, N.J. (Feb. 27, 2017) — A Bergenfield accountant turned down a final prosecutor’s plea offer of five years and a second degree charge, and instead will head to trial on seven counts centering around sexual assault of a 15-year old boy relative — two of them first degree.

Judge Margaret M. Foti carefully explained the “exposure” Calonia faces if convicted in a trial to be as much as 50 years subject to the state No Early Release Act, meaning he’d have to do at least 42-½ years before parole. The potential sentence is calculated based on the major charges, two first degree counts of aggravated sexual assault and a second degree charge of impairing the child’s morals. If convicted of sex assault, Calonia will also be subject to Megan’s Law permanent sex offender registration, Nicole’s Law permanent restraining order, and parole supervision for life.

“You’d almost have time served if you take the plea,” she told him. He implacably refused the judge’s painstaking explanation, and his last opportunity for a plea.

“Does your client understand?” Foti asked Calonia’s attorney, Benjamin Morton of Englewood. “He’s a smart man,” Morton replied. “He’s a CPA.”

In response to a question from Foti, Morton said he may make a motion for additional discovery before the May 8 trial date. Foti also set that day for a “fresh complaint” motion by the prosecutor, a pro forma procedure to allow hearsay evidence under special rules for sex assault cases.

Assistant Bergen County Prosecutor Natalie Candela objected. “ What additional motion?” she said. “The state has been trying to get a trial date for six months. The case is two years old. There was no prep of the witness.

“There is a video of the victim’s interview. That’s all.”

Calonia was indicted last April and charged with first degree aggravated sexual assault on the victim for sexual penetration; first degree aggravated sexual assault for attempted anal penetration; four counts of third degree aggravated criminal sexual contact for touching his penis in front of the victim, touching the victim’s penis, clothed and unclothed; masturbating the boy and touching his buttocks. He’s charged with second degree impairing the morals of a minor via sexual conduct.

Calonia, 45, a native of the Philippines, lives at 46 Greenwich Drive in Bergenfield. He has been in the Bergen County Jail, unable to raise $225,000 bail, since his arrest July 11, 2015 when the boy told a camp counselor what had been going on. A bail hearing when Morton will attempt to have the $225,000 reduced so that Calonia can be released pending the trial will be held April 24 before Judge Christine Farrington.