Kevin Van Mater, Son of Prominent Leonia Family Gets Trial Date in Child Sex Assault Case for Spring 2018
By Mary K. Miraglia
HACKENSACK, N.J. (May 15, 2017) — A Leonia man who is facing up to 75 years in state prison on charges of sexually assaulting a child turned down his last chance to make a plea bargain Monday and will go to trial next April.
Kevin Van Mater, 48, was arrested in January, 2014 after a 15-year old girl reported he had engaged in inappropriate sexual relations with her when she was 10. Van Mater is the son of a well-known family of police and firefighters in the borough.
He appeared before Presiding Judge Margaret M. Foti Monday with his defense attorney, John Latoracca of Bruno & Ferraro in Rutherford, looking much trimmer and neater than he had when he was arrested more than three years ago. Foti explained to him carefully that if convicted at a trial of all the charges he is facing, he could be sentenced to a maximum of 75 years with parole precluded for at least 62 years under the state No Early Release Act.
“These crimes carry a presumption of imprisonment,†Foti said. “Your maximum sentence if convicted would be 75 years in state prison, with no parole for 62 years.
“The plea offer requires you to plead guilty to both penile and digital penetration, and to fellatio. You would be under Megan’s law and parole supervision for life, and have a Nicole’s law restraining order for life, in return for a sentence recommendation of eight years in state prison.
“Mr. Van Mater, is it your desire to have a trial in this matter?†Foti asked.
“Yes,†Van Mater answered.
That settled, the judge and attorneys set about establishing a motion calendar for the trial that will not come until next spring. All motions have already been filed, and a Miranda motion was already ruled on by former Presiding Judge Susan J. Steele. Latoracca said the defense will argue to exclude certain evidence, while Assistant Bergen County Prosecutor Deepa Jacobs will argue a “fresh complaint†motion, standard in sex assault cases, especially those involving children.
Granting a fresh complaint motion allows the prosecution to use hearsay evidence with regard to that evidence only, and refers to reports a victim made to another person or persons at the time he or she reported sexual assault.
The trial is expected to take about two weeks, including jury selection.
Van Mater was indicted in July, 2014 and charged with “penile/vaginal penetration,†attempted anal penetration and fellatio on the girl, as well as touching her buttocks and making contact with his penis. He also is charged with impairing the morals of a minor. Originally held on $500,000 bail, he was released in May, 2014 after his mother posted her house in lieu of cash, and arrangements were made for Van Mater to be employed in a landscaping business owned by a friend in West Milford, where he also lives because his home is near the victim’s.
