’Coward!’ mother shouts at Newark cop accused of fatally gunning down her daughter – NJ.com
The shouts from the mother of the woman who authorities say was fatally gunned downed by a now-suspended Newark police lieutenant pierced the silence of a Morris County courtroom Wednesday.
“Coward!” Debbie Wagner yelled at John Formisano, as he was about to be led out of Superior Court in handcuffs.
Formisano is charged with killing his estranged wife Christie Solaro Formisano – Wagner’s daughter.
It’s been about four months since authorities say Formisano knocked down a bedroom door in the Formisano family home Jefferson and started shooting, eventually killing his estranged wife and wounding her boyfriend, who has only identified in court documents by his initials.
Witnesses say Solaro Formisano was fatally gunned down on a neighbor’s property as she fled for her life.
Formisano faces charges of murder, attempted murder and endangering the welfare of his two children. The couple’s children were home in bed during the shooting, authorities said.
Minutes before Wagner’s outburst began, prosecutors had asked a judge to have Formisano undergo a psychological evaluation to ensure he was competent enough to stand trial. He’s been detained in a mental facility rather than a jail since July 15.
A man wearing a construction outfit who was standing next to the victim’s mom in court gripped a bench in front of him. NJ Advance Media was unable to identify him.
“Bring some more bodyguards with you next time,” he shouted in Formisano’s direction.
Another man also approached two men and a woman sitting in the back row of the courtroom and asked if they were “proud” to be “loyal to a killer.” The trio declined to comment when NJ Advance Media asked about their relationship to Formisano.
This isn’t the first time those who knew Solaro Formisano had to be held back by sheriff’s officers. In October, Wagner also attempted to say something to Formisano as he was leaving court.
The tense moments followed an incremental win for Morris County prosecutors. Superior Court Judge David Ironson, responding to a request from prosecutors, ordered that Formisano be examined to determine his competency.
“This is the third proceeding in this case and I’ve questioned Mr. Formisano on the very first occasion as to whether he had any physical or mental impairments which could affect his judgment or his ability to understand these proceedings,” Ironson said. “He (replied) that he did not.”
Morris County Supervising Assistant Prosecutor Chris Schellhorn said no explanation has been given to the court explaining why Formisano is currently being held at Ann Klein Forensic Center, a 200-bed state psychiatric hospital in Trenton.
“Certainly the state — the court system — has no interest in prosecuting an incompetent individual,” Schellhorn said to the judge. “I almost somewhat selfishly, on the state’s side, have no interest in trying this case twice if it turns out that there is a competency issue that we did not explore at an early enough stage.”
An attorney for Formisano, Anthony Iacullo, argued the competency examination would be an “intrusion” and an attempt by the prosecutors to get medical records which they shouldn’t have. Iacullo repeatedly acknowledged that he had no trouble communicating with his client, nor was Formisano “staring into space as your honor is speaking to him.”
“We shouldn’t have to disclose the reason that he’s (at Ann Klein), except to say, judge, that it’s not reflective of a fitness to proceed to trial,” Iacullo said.
Formisano has yet to be indicted even though it has been more than 90 days since his arrest. Under new bail reform rules, a person generally has to be indicted within 90 days of an arrest or could technically be released.
Ironson, the judge, granted an extension to that rule and Formisano has remained in a hospital ever since. A speedy trial date has been set for Jan. 10, 2020.
After the hearing, Wagner explained her emotion to NJ Advance Media as she walked to the elevator.
“I’m just disgusted,” she said. “He’s been playing this for four months. He’s still allowed to get away with it too.”
Rebecca Panico may be reached at rpanico@njadvancemedia.com. Follow her on Twitter @BeccaPanico.