P. Amboy cop awarded $1.9M in racial
slur trial
Mexican-American says chief's remark caused him anxiety and illness
Friday, May 25, 2007
A jury in Middlesex County awarded a Perth Amboy police officer $1.9 million
yesterday after deciding fellow officers and the city police chief victimized him with
racial slurs and jokes about his Mexican-American heritage.
The civil trial jury of five women and one man deliberated more than five hours over two
days in New Brunswick before awarding the sum to Guadelupe Munoz, who testified he
suffered anxiety attacks and physical illnesses as he endured a barrage of insults from co-
workers.
After the award was announced, Superior Court Judge Phillip Lewis Paley told the panel
to return to court Tuesday to start a second trial to consider punitive damages.
Munoz, 40, and his attorney, Mark Mulick of Montclair, were pleased by the verdict.
"We believe that he was vindi cated," Mulick said. "'It's a victory, not only for Mr.
Munoz, but for everybody who works. We believe the jury is sending a message that you
shouldn't be treated like that in the workplace."
It could be some time before Munoz, who continues to work as a police officer, will reap
any of the award as appeals are likely.
Frank Capece, the Perth Amboy law director, said he plans to ask the court to consider a
new trial or to reduce the amount.
"We think this is a jury out of control," Capece said. "We have to protect the taxpayers
from this kind of verdict."
During a two-week trial, Capece argued that police Chief Michael Kohut, who also
serves as the police director, shouldn't have made a remark about Mexican-Americans
during training sessions with the entire department in 2005.
But Kohut apologized to Munoz, the department and, in June 2005, to the Mexican-
American community after protesters took to the streets demanding his resignation,
according to testi mony.
Capece also argued that it was Kohut who skipped over another qualified candidate to
hire Munoz. The attorney had asked to jury to reject Munoz's case, saying he failed to
show any serious harm and never took sick time due to any illnesses.
Munoz testified he was taunted to the point at which he suffered stress, sleepless nights,
chest pains and stomach problems, and was forced to take medications to control his
anxiety.
During a police training session on March 8, 2005, Kohut made disparaging remarks,
suggesting Mexicans were thieves and members of a notorious street gang.
"I was in shock. I was in disbe lief," Munoz told the jury, contend ing other officers were
laughing. "I was upset. I was offended. Embarrassed, humiliated, belittled."
