Dunedin Man Named in Suit Alleging Sex Abuse Cover-Up

This article is written and reported by by Tom Davis (Editor)

First, the courts spoke, saying Dunedin resident James Habel broke the law.

Now his ex-employees have fired the next salvo, saying he is one of two former Wall school officials who conspired to fire them, and therefore shield himself in a cover-up of a possible sex-abuse case.

Three former employees of a New Jersey school district have sued Sandra Brower, former Wall School District assistant superintendent, for wrongful termination or demotion, saying they were punished because they knew about Brower's alleged attempts to cover up a possible sex-abuse case.

The lawsuit, filed July 10 in New Jersey Superior Court in Monmouth County, also names James F. Habel, former Wall superintendent and Dunedin resident, as a defendant. Brower, who is now a superintendent in Lacey, NJ, and Habel both have been indicted on misconduct charges in separate cases.

Brower was initially charged and arraigned in the case of failing to notify authorities of possible abuse in May 2009, when a 4-year-old Wall special needs student said a teacher took him into the bathroom at a “district special education school” and "inappropriately touched his privates," the Monmouth County indictment says. Brower has pleaded not guilty and refused to resign from Lacey, though she has been suspended without pay.

In the suit, three employees with knowledge of the potential cover-up — Tina Gordon, former Wall assistant superintendent; and Virginia Pagnoni and Stephanie Ham, two confidential secretaries — say they were terminated, transferred or forced to resign after the 2009 incident.

The suit says Brower "made false and misleading statements" to Wall police officers who were investigating the possible sex-abuse case. In an effort to conceal her involvement, Brower directed Wall school officials to "extract" emails from employees who had knowledge of the incident.

The suit says Habel, who has pleaded not guilty to charges including official misconduct, money laundering, theft and falsifying records, threatened each employee with termination, non-renewal of their contracts, tenure charges and the possibility of losing their pensions.

Efforts to obtain comment from Habel and Brower, as well as the plaintiff's attorneys, were unsuccessful Wednesday.

Lacey Board of Education members suspended Brower in May after
she was charged in an indictment with second-degree official misconduct, third-degree hindering apprehension and fourth-degree obstruction for failing to immediately report the Wall teacher's possible sexual assault while she was that district's assistant superintendent. 

Authorities have said Habel took more than $400,000 from the district by claiming he worked when he was actually out of state and taking actions to falsify vacation and other records. Prosecutors also have charged him with mortgage fraud, based on statements he allegedly made to banks regarding the mortgages on his house in Dunedin and his previous home in Point Pleasant.

Brower's contract with the Lacey Township school district technically runs until July 1, 2016, although it could end sooner than that, Board Attorney Arthur Stein said.

"She is still in a contract," Stein said Tuesday. "We don't have the power to appoint another superintendent."

But depending upon court proceedings in Monmouth County, Brower's contract could end before that.