By Tim Zatzariny Jr.
For OCNJ Daily
The trial of a retired Ocean City police officer accused of having a sexual relationship with an underage female beach-fee collector while he was superintendent of the city’s beach tag operations will be rescheduled.
Jury selection was set to begin Monday, Feb. 23 in the trial of Charles E. Cusack, 51. But his attorney, Louis M. Barbone of Atlantic City, was unavailable because he is trying an unrelated criminal case involving a police officer in Gloucester County.
Cusack is scheduled to appear before Judge John C. Porto in state Superior Court in Cape May Court House on Tuesday, March 3 for a status conference. A new trial date will likely be set during that hearing, prosecutors said.
Cusack was initially charged with one second-degree count of sexual assault and one second-degree count of endangering the welfare of a child. A superseding indictment handed up by a Cape May County grand jury earlier this month added a second-degree charge of official misconduct against Cusack. If convicted, he faces five to 10 years in state prison on each of the charges, including a mandatory minimum of five years in prison for official misconduct.
And, if he were to be convicted on the sex assault charge, Cusack would have to register as a sex offender for life under Megan’s Law.
Cusack was arrested in August 2012 after he allegedly had a two-month sexual relationship with the girl, who was 17 at the time, authorities said. He has been free since posting $150,000 bond shortly after his arrest. Authorities have released no additional details about the victim, or about Cusack’s alleged sexual relationship with her.
In New Jersey, the age of consent is 16. But Cusack was charged under a provision in state statute that makes it illegal for a person to have sex with someone over whom they have supervisory authority when an alleged victim is 16 or 17 years old.
Cusack served 25 years in the Ocean City Police Department before retiring in May 2011.
Cusack was in his second season as director of the city’s beach-tag program when he was arrested.
