Court: Lawsuit Filed by New Jersey Officer's Widow Against Newspaper Can Move Forward

TRENTON, New Jersey -- An appeals court this week overturned the dismissal of a lawsuit brought by the wife of a late Trenton police officer who sued the Trentonian newspaper, alleging a story drove her husband to take his own life nearly four years ago.

The wrongful death and defamation suit, first filed by Rene Pistelli-Leopardi in 2017 over the death of husband Ed Leopardi the year before, named the Mercer County prosecutor and Trenton Police Department, as well as the Trentonian and two of its reporters.

A judge later dismissed all the claims in the suit, and then denied a motion to reconsider the dismissals.

This week, an appeals panel overruled the trial judge on the media part of the suit, allowing Pistelli-Leopardi’s suit against Trentonian to move forward. The dismissal of the claims against the police and prosecutor was upheld in the 53-page decision.

Pistelli-Leopardi’s attorney, Frank Guaracini III, said they’re pleased that the media portion of the suit is back on. “We felt that was the right call,” he said. They’re considering their options on appealing the police and prosecutor portion decision.

Eli M. Segal, who represents the Trentonian in the suit, did not immediately return an email seeking comment.

Ed Leopardi was a well-known, 22-year Trenton police officer in 2016 who for years worked the streets and was a longtime K-9 officer.

In September 2016, news outlets reported the existence of a Trenton police internal affairs investigation about an allegation of an officer having sex with a prostitute while on duty in the department’s K-9 training facility.

NJ Advance Media reported the existence of an investigation but did not name the officer.

The Trentonian published Leopardi’s name and graphic allegations that were reportedly part of the investigation.

The suit alleged the Trentonian story specifically caused Leopardi mental and emotional distress, and “shame, humiliation, and embarrassment.”

Within an hour of reading the story, Ed Leopardi committed suicide, on Sept. 21, 2016. The story contributed to his ending his life, the suit alleges.

After examining each claim, the appeals decision said Pistelli-Leopardi’s suit laid out sufficient facts to argue defamation and intentional infliction of emotional distress based on the publication of the articles, as well as wrongful death and other allegations.

“We express no view on whether plaintiff will ultimately be able to prove the facts as alleged,” the decision says.

Leopardi was also an elected committeeman in Franklin Township in Gloucester County, where he lived, and had served a term as the town’s mayor, and for years was a volunteer firefighter and EMT in Hamilton, Mercer County, and was a Little League baseball coach and umpire.

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Kevin Shea may be reached at [email protected].

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