@PeggyWrightDR

A suspended Rockaway Township police officer is expected on Feb. 3 to fight charges of unlawfully trying to get a cousin’s drunken driving ticket dismissed and will try to block a prosecutor from using evidence at a possible trial that he tried to interfere with a DWI case against an uncle.

Superior Court Judge Robert Gilson, during a status conference Wednesday in Morristown on official misconduct and witness tampering charges against Officer Clifton “Clif” Gauthier, set Feb. 3 as the day he will hear defense lawyer Scott Krasny’s motion to dismiss the indictment.

The judge also said he expects to hear arguments and witness testimony on an allegation that Gauthier tried to block the DWI prosecution of an uncle. Gauthier, 35, of Sparta, is only criminally charged in connection with actions he allegedly took on Feb. 9, 2012, to get a DWI ticket dismissed against his cousin, Sean Costigan.

But if the case proceeds to trial, Morris County Assistant Prosecutor Sahil Kabse wants the judge to allow him to introduce an uncharged “prior bad act” by Gauthier -- that he tried to influence the 2012 Rockaway Township Municipal Court prosecution of his uncle, Edward Garneau.

Krasny said he has not received what he believes are vital notices to appear that would have been issued by Rockaway Township Municipal Court to witnesses in connection with both the Costigan and Garneau cases. Kabse told the judge he has turned over to the defense all the information he has but expects to go the first week in January to the municipal court to review their files on the cases.

Gauthier, a Marine Corps veteran who served from 1999 to 2003, including in Operation Iraqi Freedom, has rejected a plea offer of five full years in state prison. By law, a public official who is charged with official misconduct has to serve the full term unless the state Attorney General’s Office approves a lesser sentence. If convicted, he also would have to forfeit his job and future public employment in the state.

On Feb. 9, 2012, Gauthier allegedly called State Trooper Nagib Saad and told him he had discussed the matter with the Rockaway Township municipal prosecutor and Saad didn’t have to report to court on the Costigan matter. Gauthier was indicted for this incident, accused of using his police position to gain a benefit for himself or another person.

A few weeks earlier, Gauthier is suspected of trying to intervene in the prosecution of his uncle by speaking to the municipal prosecutor but was never charged with any offense.

Staff Writer Peggy Wright: 973-267-1142; pwright@njpressmedia.com