Convicted Garfield Murderer Delays Sentencing by Suing All His Lawyers
By Mary K. Miraglia
HACKENSACK, N.J. (Friday, March 10, 2017) — A convicted murderer from Garfield disrupted plans for a long-awaited sentencing Friday when attorneys for both sides learned he had sued all his lawyers, the evening before.
Michael Sampson, 42, was found guilty last Dec. 21 on eight of 10 counts related to the shooting death of Hector “Tito” Zabala Jr., 33, of Cliffside Park in July, 2012. Of note, Sampson’s wife Jacquelin Pierro, also of Garfield, who was originally charged along with her husband, testified against Sampson, who claimed the shooting was self-defense.
But investigators found no weapon for Zabala, and security footage at the scene of the crime gave no evidence that he had attacked Sampson.
Zabala of Cliffside Park, had just left the Boom Bar on Anderson Avenue early on a Sunday when he was shot multiple times, authorities said. He and Sampson had words in the bar earlier, according to Sampson, because Zabala spoke to his wife.
Friday’s hearing before Judge Margaret M. Foti opened with defense attorney Ilene McFarland, a senior member of the Bergen County Public Defender’s staff, announcing the lawsuit and withdrawing as Sampson’s attorney. McFarland was representing Sampson at sentencing because of irreconcilable conflicts between Sampson and his trial attorney, Robert N. Kalisch Jr., also a senior member of the Public Defender’s staff.
“Your honor, I have a copy here of a lawsuit Mr. Sampson filed against Robert Kalisch and lawyer Miles Feinstein,” McFarland said. “It is the policy of our office that now the lawsuit has been filed, it raises a conflict for any staff attorney.” McFarland said that also meant Lawyer Steven Braun, an associate of Feinsein, of Clifton, standing in on a perjury indictment Sampson still faces, could not represent Sampson either. Braun agreed.
“For today, he would need an adjournment,” McFarland told Foti.
Assistant Bergen County Prosecutor Anthony Talarico, who served as co-counsel in the murder prosecution with Senior Assistant Prosecutor Danielle Grootenboer, objected strongly to adjourning the hearing that was attended by about 30 friends and family of the victim, Zabala, as well as Sampson’s mother and other relatives.
“Your honor, Mr. Sampson cannot be allowed to get away with this.” Talarico said. “He tried this last month and is doing it again today.
Michael Sampson cannot script the proceedings in his favor.
“I propose he be allowed to do as he previously requested and represent himself pro se. He has no problem filing lawsuits on his own behalf,” said Talarico, noting Sampson has also filed a suit against the Bergen County Prosecutor’s Office for $300 million. “We should proceed, and let this family finally get the closure it has been waiting for, for years.”
Foti, however, didn’t want to proceed without Sampson being represented. Noting that the sentence has already been postponed, she said she would give one last “very brief” adjournment if an attorney could be assigned. She asked Sampson directly what he wanted to do.
“I move to proceed pro se — or alternatively, to have Michael DeBliss, Esq. to represent me,” he said.
The judge took a brief recess while Deputy Public Defender Louis Acevedo was brought into court to explain the predicament from the position of his office. Acevedo is director of the Bergen County public defender staff.
Acevedo offered to contact DeBliss, a Bloomfield lawyer who often works as a private “pool” attorney assigned by the Public Defender’s office, to represent clients who have conflicts. After contacting DeBliss by phone, Acevedo told the judge he had agreed to take the case.
Then the judge addressed the family, who had been waiting anxiously.
“I appreciate that it’s a tremendous inconvenience to have all of you come back again,” she said. “You have the right to finality and closure, but I want the decision to stand.
“In terms of prejudice to the state, I don’t see any. Mr. Sampson is incarcerated, he has been convicted.” Foti set sentencing for April 28 at 1:30 p.m. and said firmly, “No further adjournments will be granted.”
