ROXBURY -- The 16-year-old boy charged with brandishing a gun and stealing a $1,200 bong and a $60 lighter from a local smoke shop in November was falsely accused of the crime, according to a retired State Police captain and a former prosecutor.

Nicholas Soranno, a former police captain who now works as a private investigator, and William Ware, the teen's defense attorney, say they also know who actually robbed Serenity Smoke Shop. Township police and the Morris County Prosecutor's Office, however, haven't been interested in looking at any of their evidence, they said.

Ware said he and Soranno have provided "so much exculpatory evidence" to law enforcement, but the prosecutor's office has continued to be "unresponsive" and "derelict" in its responsibilities.

"Most defense attorneys are going to say, 'here's why my client didn't do it,'" Ware said. "We don't have to provide you (law enforcement) with the suspect. (In this case) we have provided you with the suspect. We've provided you the accomplice to the suspect and it's met with indifference.

"It's extremely frustrating and they really have been derelict in their responsibilities."

What are the allegations?

Authorities said after the Nov. 14 robbery that a white male with a thin build wearing a gray hoodie and a black bandanna as a mask approached the cashier and raised his shirt to display a weapon tucked in his waistband.

The thief demanded the keys for the display case, and the cashier turned them over to him. Then, as the robber removed an "Illadelph" bong and an "Illadelph" lighter from the case, the cashier activated the store's silent alarm and ran out the back door, police said.

Police didn't identify the bong stolen by the alleged robber, but an employee told TAPintoRoxbury it was the Illadelph Gold Hura Coil.

Thomas Rodriguez, 16, of Roxbury was arrested several days after the robbery on charges of armed robbery, possession of a weapon, possession of a firearm for an unlawful purpose, theft and terroristic threats.

Rodriguez lives with his family in the house next door to the smoke shop and was identified by one witness as the individual leaving the scene of the robbery, according to Ware and Soranno.

Roxbury police and the prosecutor's office haven't provided any additional detail on their investigation or on issues disputed by the defense. They have also declined requests for comment.

The bong and lighter stolen from the smoke shop haven't been recovered.

Defense: There's a lot of holes in the prosecution's case



Ware and Soranno shared their case file on the charges against Rodriguez with NJ Advance Media because they say the prosecutor's office has refused to investigate their claims that another individual robbed the store. In particular, they pointed to several large issues in the prosecution's case against Rodriguez:

The robber was identified as white, but Rodriguez is Hispanic.

The robber was between 5-foot-11 and 6-foot-2 in height; Rodriguez was 5-foot-8 at the time of his arrest

Several individuals have offered alibis for Rodriguez, accounting for his whereabouts before he came home on Nov. 14

Discrepancies between the clothing retrieved from the Rodriguez home and the clothing worn by the robber

A voluntary statement offered by Rodriguez's cousin to Roxbury police identifying another individual as the robber.

An interview by Sorrano with a woman who admitted to serving as the getaway driver

Surveillance video showing a vehicle matching the description of the woman's vehicle leaving the area shortly after the robbery

"As a lawyer, my frustration has been just getting the attention of law enforcement to take this seriously," said Ware, who formerly served as an assistant prosecutor for Essex County. "I don't know why they've dug in other than the fact that they're embarrassed and they don't want to admit that they've made mistakes."

Rodriguez told NJ Advance Media he was at a friend's house in the Landing section of the township on Saturday, Nov. 14 before coming home to hang out with his cousin. The teen said he was inside his home when tracking dogs with the Morris County Sheriff's Office went through his yard and his neighbors' yards. Rodriguez and his mother, Melissa, said no investigators ever knocked on their door on the night of the robbery.

Rodriguez also said he was only in the smoke shop once -- about three to four years ago with his grandmother to pick up incense. As he's under the age of 19, he's not legally permitted to go in the shop without an adult present.

Rodriguez was held in juvenile detention for nearly a month before he was released on house arrest in December. He was only allowed to return to school last week, per a recent court order.

Sorrano said the tracking dogs, based on evidence provided to the defense by the prosecution, followed a path that led them through several yards and onto Main Street. The dogs did not veer off toward the Rodriguez family's home.

Based on his investigation, Soranno said the robber fled out of the back door of Serenity Smoke Shop, ran through several yards and into a getaway car parked on Main Street.

Regarding the eyewitness who identified Rodriguez leaving the scene, the defense has pointed to compelling discrepancies in the witness' testimony.

In terms of the eyewitness statement, Soranno said, surveillance video shows the robber still had a mask on when he exited the store with the bong and the lighter. The robber turns away from the camera as he runs away, but it doesn't appear that he took off the mask, he said.

Soranno also allowed NJ Advance Media to listen to his interview with the witness who identified Rodriguez as well as the witness' interview with police. In the interview with police, the witness told a Roxbury detective he was only five feet away when the robber ran in front of him. Soranno later interviewed this witness who then modified his story to say he was closer to 30 to 40 feet away.

Soranno said his investigation determined that the witness was actually closer to 70 feet away and he only had two seconds at most to get a glimpse of the robber. The robber ran nearly perpendicular to the witness so the best glimpse he could have had was a profile, he said.

Defense: We know who robbed the smoke shop



Soranno told NJ Advance Media his investigation also yielded the man he believes robbed the store along with the woman who served as his getaway driver.

Facebook posts of the defense's robbery suspect shows this individual tried to solicit a ride to the smoke shop days before the robbery, offering potential drivers either $100 or to "smoke you out." His Facebook photos also show him wearing shoes similar to those worn by the robber and brandishing what appears to be a firearm in one post.

NJ Advance Media is not releasing the names of individuals identified by the defense because they have not been charged.

Another reason for the defense's contention that its suspect -- and not Rodriguez -- robbed the smoke shop was due to clothing found in the man's most recent residence. The prosecutor's office alleges that latex gloves found in the Rodriguez' shed were the gloves worn by the robber, according to Soranno and Ware. Soranno said the surveillance video actually shows a ribbed glove -- not a latex glove.

Soranno showed NJ Advance Media photos taken at the most recent residence of the man he believes committed the robbery. After being allowed inside the home, Soranno said he found a ribbed white gardening glove in the man's room.

According to Soranno, the getaway vehicle was also caught on camera pulling onto Route 10 from Main Street moments after the robbery.

Soranno allowed NJ Advance Media to listen to an interview with the woman the defense alleges served as the getaway driver. During the interview, the woman breaks down and admits to driving the defense's suspect to and from the robbery.

The getaway driver lives at a home in Budd Lake and attends a local community college, but township police haven't made any serious attempts to interview her, according to the teen's attorney.

"Now we're not asking for them to find Jimmy Hoffa," Ware said. "She lives in the area. It seems to me this is an interview that should have happened already."

Ware said he was taking this case "almost pro bono at this point" because the Rodriguez family can't afford all the work he and Soranno have put into it. The Rodriguez family, he said, is pouring everything they have into helping their son.

Ware told NJ Advance Media he and Soranno were pushing hard on this case because they believe "this is all about exonerating an innocent kid."

Rodriguez's next court date is scheduled for March 15.

Justin Zaremba may be reached at jzaremba@njadvancemedia.com. Follow him on Twitter @JustinZarembaNJ. Find NJ.com on Facebook.