State v. Scirrotto

From 1981 to 1984, Louis Scirrotto (defendant) taught at a New Jersey high school. After Scirrotto was notified that he would not be rehired, Scirrotto appealed his termination. While the appeal was pending, Scirrotto called the school district’s superintendent, John Mulhern. According to Mulhern, after complaining about the termination, Scirrotto threatened to publicize a problem at the high school that Scirrotto claimed was bigger than a past scandal at the high school in which a former teacher ultimately pleaded guilty to aggravated sexual contact and other crimes involving students. Mulhern reported the conversation to the local prosecutor’s office (plaintiff). The following day, Scirrotto met with school principal, Robert Fluck, in Fluck’s office. Fluck cooperated with the prosecutor’s office to record the meeting. Scirrotto claimed that he had a lot of dirt that would be a tremendous shock to Fluck if Scirrotto publicly released it. Fluck pointedly asked whether Scirrotto knew of problems between teachers and kids, and Fluck responded that the problem was with the entire school and involved “everyone,” including teachers, janitors, and school management. The prosecution charged Scirrotto with bribery and threats, but the trial court dismissed the threat charge. The prosecution’s theory was that Scirrotto offered a benefit to Fluck and Mulhern that Scirrotto either would not publicize certain misconduct or would disclose it privately to Fluck or Mulhern in exchange for a decision to grant Scirrotto tenure. A jury convicted Scirrotto of bribery, and Scirrotto appealed. The appellate court reversed Scirrotto’s bribery conviction, finding that the prosecution’s evidence failed to establish a benefit that anyone received. The New Jersey Supreme Court granted certiorari. The parties disputed whether Scirrotto’s promise not to publicly leak information to the media could be a benefit.