In todays editorial section on APP
45-day sentence making its own history, of sorts
Posted by the Asbury Park Press on 09/7/07
Story Chat Post Comment
EDITOR'S NOTE: Asbury Park Municipal Judge Mark T. Apostolou threw
city historian Werner Baumgartner in Monmouth County Jail last week
for 45 days for not fixing housing code violations as the court
ordered three times.
Baumgartner, 49, had told the judge at previous court appearances that
he would take care of the repairs, but the judge found the repairs
were not finished. The violations at Baumgartner's 402 Fifth Ave. home
included having no railings on his porch and crumbling ceilings, said
William Gray, director of code enforcement.
Baumgartner had been at odds with the city for years over the
condition of his
property, but he had denied code enforcement officials entry. Then, in
November, police went to Baumgartner's home because of a call claiming
a body was in the basement. No body was there, but police identified
code enforcement issues they forwarded to the code enforcement office
department.
Baumgartner, who has been outspoken at City Council meetings in issues
on preserving the city's historic nature or architecture, was the
city's official albeit unpaid historian under former Mayor Kenneth
Saunders in the late 1990s and until a new council took office in 2001.
Naturally, the unusual circumstances and consequences stirred the pot
of discussion on our forums. Join in at www.app.com/forums.
GrownUp: The call to 911 was phony. Now they jail a property owner,
based on a questionable entry, without real cause.
I see a major civil liberty action against the city that will hit
taxpayers hard.
Baumgartner should be released immediately, and he should sue.
Where is the governor on this one?
grw: So criminals and prostitutes are allowed back on the street, but
Baumgartner needs 45 days in jail? Somebody better explain to these
judges how ridiculous this decision is.
gemini5: It was reported Baumgartner obtained the refinancing
necessary to comply with the repairs the city wants and he showed the
judge his contract with a Middletown contractor for the first phase of
the repairs. Other contractors were anticipated for the second phase.
This sentence is incredibly counterproductive, considering the issue
is home repairs. He already is burdened with the fines and wants to
make repairs, but repairs cost lots of money, too. Now, he's in jail
for 45 days 45 days that can do more financial harm and won't get
the work accomplished.
How does this punishment fit the "crime"? The article says contempt of
court, but he showed a contract. Doesn't that count for anything?
I know Baumgartner, and he loves Asbury Park. He has extensive
knowledge about Asbury Park's history, and he's passionate about it.
I'm not even going to make comparisons about other punishments vs.
Asbury Park crimes we hear way too much about in the media.
This is wrong. Free Werner.
AsburySteve1952: I have nothing personal against Werner, but he should
have fixed all of those problems long ago. He must have equity in the
house, because house values particularly near Sunset Lake have
increased substantially since 2001.
I think not to fix it up, with no real reason, may indicate Werner may
have lost some of his cognitive abilities. He could rent space out if
he fixed the house up.
Something is wrong beyond the obvious.
If he can't make the right decisions about using his home, then he
should sell it. There are programs to help needy people fix up their
homes.
gemini5: The real issue is the sentence 45 days. Baumgartner
could've learned his "lesson" in five days, or one day. But the other
40 or 44 are just plain damaging. There is no logic for that kind of
justice.
t2change: He can rent spaces out? When the homeowner violates the
zoning laws and is back in jail, should he use Asbury Steve as a legal
eagle? Get a grip.
trible131: If the man chose to live on a raft with snakes on Sunset
Lake and refused a cease-and-desist order, he wouldn't deserve 45 days
in jail.
I had been beginning to think the town fathers didn't give a darn
about appearances, with all the thugs and plain hard-luck kids killing
one another and innocents. Apparently, they do care, a lot, about some
appearances.
I pray for the souls of the dead in your war zone of a town. Have all
the crooked politicians that have been rounded up lately been
sentenced yet? We'll see what kind of sentences they get. After all,
they're the ones who appoint the judges who mete out the punishments.
asburyparkpedaler: Justice, Asbury Park style. Free Baumgartner. Let's
start turning things around by fighting crime!
GrownUp: Here is now another reason not to live there. Those programs
for grants and low-interest loans to fix up homes are basically funded
by taxpayers. I'm sure Baumgartner wouldn't get government handouts
even if he financially qualified.
I have nothing but contempt for the Asbury Park administration to
stand by and allow these things to occur.
njcrookedasacorkscrew: Another Napolean-wannabe judge imposing a
penalty totally out of proportion to the crime. Why not just get a
court order and let the town make the repairs themselves, like they do
in other property disrepair or neglect cases, and bill the owner and
put a lien on his property until he pays? Why throw him in jail with
violent criminals for six weeks? How does that help? What will that
accomplish?
This country has an obsession with punishing people. More than 2
million are in jail and counting and nothing really changes. Now we're
back to trying to police the world in the Middle East, even though it
didn't work in Vietnam. Oppressed people always will find a way to
fight back.
What the legal system did to Baumgartner and the war in Iraq have a
lot in common. The government is great at preaching "violence doesn't
solve your problems," unless of course you're Uncle Sam. Then the
message doesn't apply. We just love meddling in others' affairs even
when it means pushing our own people around in the name of "security"
or "law."
When we citizens sit back like sheep and allow the kind of draconian
laws that allowed this travesty of justice against Baumgartner, it all
really goes back to what Ben Franklin said more than 200 years ago: "A
society willing to give up liberty for security eventually loses both,
and deserves neither."
The historian forgot basic New Jersey political history: He should
have just paid off the local politicians.
fedupogap: This area of New Jersey is getting really hard to live in.
Baumgartner may have some code enforcement issues in his house, but
who doesn't? Seriously, folks. If you have been in your house for say,
10 years, without having had major work, you likely have a code issue
someplace. Should we start jailing everyone?
Werner cared about Asbury Park's history long before all the
newcomers. So we're throwing historians in jail? Gays and lesbians are
fighting with the Ocean Grove Camp Meeting Association. I think South
Carolina sounds better every day.
qwert: With all the bullets flying around Asbury Park, the guy
probably is safer in jail.
asburyparkpedaler: Very good point, qwert! Everybody talks about the
corrupt, inept idiots running Asbury Park, but no one does anything
about it. How do they get away with it? No money in the budget; it
must be lining the pockets!
Boo58: I have been working for Baumgartner for the past two weeks
doing small repairs. As of Monday, I'm looking for work and he's in
jail. What's with this town?
What's with 45 days for a code violation? Take a drive around this
town and you will see a lot of houses that need work done to them. We
don't all have unlimited money.
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