Attorneys are asking a judge not to retry the former police chief on an official misconduct charge.
HACKENSACK - Former Hackensack Police Chief Ken Zisa appeared in Bergen County Superior Court Thursday to ask a judge to dismiss an official misconduct charge that prosecutors want to retry him on.
Ken Zisa (File photo) "He shouldn't have to go through this again," Zisa's attorney, Patricia Prezioso, told Judge Susan J. Steele. "The state had their day in court. They committed misconduct. They should not get to do it again."
Zisa, 62, was found guilty of official misconduct and insurance fraud in 2012. Last summer, an appeals court overturned charges of fraud but sent the official misconduct charge back to the lower court for possible retrial.
Prezioso argued that eight original charges brought against the former chief "are gone" and that four of them were dismissed for insufficient evidence. Further, she accused Assistant Prosecutor Dan Keitel of intentionally trying to cause a mistrial because he had a weak case.
"He opened on uncharged crimes," Prezioso said.
Assistant Prosecutor Catherine Foddai argued against a motion to dismiss the charge.
"We had every reason to believe that our case was strong and still do," Foddai told the judge.
The charge against Zisa stems from an alleged 2008 drunken driving incident involving the chief's then-girlfriend that investigators claimed Zisa tried to cover up.
Judge Steele said she would render a decision on whether to retry Zisa on the official misconduct charge at a later date.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.