Project's foe demands more cross- exam time

04/23/02

By Philip Sean Curran
Journal correspondent

HOBOKEN - Attorney James Segreto, whose clients oppose a plan for 
residential and retail development at the Maxwell House site, is 
complaining that the Planning Board has been cutting short his time to 
cross-examine experts representing the developers.

At last Thursday's board meeting, Segreto, who represents Kings 
Supermarket and other opponents of the project, objected when Thomas 
Mooney, chairman of the board, told him he would have to end his 
questions.

From the outset of the hearings, the board established a 2-1 ratio for 
questioning; for every hour used by the developers for expert testimony, 
Segreto would have two hours to cross-examine, said Douglas M. Bern, 
attorney for the board. Still, Segreto was given extra time.

But Segreto said the board could not legally limit his cross-examination 
as long as his questions were relevant and not repetitive. He warned that 
should a judge ever need to weigh in on this case, "We will argue that 
there has been a fundamental denial of due process."

Segreto's objections came after he concluded his cross-examination of Dean 
Marchetto, the project architect. Marchetto, whose testimony has continued 
for several board meetings, was questioned for more than 90 minutes 
Thursday night.

Although she did not direct her comments to Segreto, board member 
Elizabeth Mason told both sides: "I would ask that you not threaten 
lawsuits."

Ending at 10:25 p.m., the meeting represented another small step forward 
for the developers, Daniel J. Gans and George T. Vallone, owners of the 
Maxwell House site. The two want to build 900 residential units and 
commercial space on their property.

Arnold K. Mytelka, their lawyer, dismissed Segreto's questions as 
"irrelevant" and "outrageous." He protested to the board that Segreto's 
plodding style was meant to filibuster the hearing.

The next hearing was set for May 16, when traffic engineer Scott Parker 
will testify.