Did Sussex commissioner violate NJ's Stolen Valor law? Critics want state to investigate

A former campaign donor to Sussex County Commissioner William Hayden said she's filed a complaint with State Police accusing the embattled politician of violating New Jersey law by falsely claiming to have served with the Navy SEALs.

Gail Just Cornelius, a retired state trooper, said she filed the report at the State Police Augusta barracks earlier this month after she prevailed in a case in Small Claims Court in which she sought a refund of the $100 political contribution she gave Hayden when he ran for commissioner in 2022.

Her accusation is just one of the threats dogging Hayden, who also faces a recall petition sponsored by his fellow Sussex County Republicans.

Separately, U.S. Rep. Josh Gottheimer, a Democrat whose district includes most of Sussex County, and fellow congressman Bill Pascrell, D-Paterson, sent a joint letter to New Jersey Attorney General Matthew Platkin in late April asking the AG to investigate the allegations against Hayden.

Among the questions raised by the letter are whether Hayden has claimed a veteran's exemption on his state income taxes and whether he claimed to be a veteran in several public appearances and while running for office.

State Police pioneer sued Hayden

Cornelius, a Sussex County native, made history in 1975 when she was the first woman to be sworn in as a New Jersey trooper. She now lives in Alaska but is spending part of the summer in Sussex County, she said.

She said her small claims case was filed in March, the first hearing was held in late April, and on May 3, Hayden settled the case by refunding her donation.

That settlement, Cornelius said, could be considered proof that Hayden lied about his former military status. She also sued for $900 in "damages" in her original filing, but Cornelius said those were not part of the settlement and she is not pursuing that part of the claim.

Instead, Cornelius filed the complaint with State Police alleging Hayden violated a state law which makes "stolen valor" − fabricating a military career − illegal.

Did commissioner violate Stolen Valor Act?

The New Jersey Stolen Valor Act, makes it a crime for any person who, "with intent to impersonate and with intent to deceive, misrepresents oneself as a member or veteran of the United States Armed Forces or organized militia by wearing the uniform or any medal or insignia" associated with the military.

The degree of crime and potential penalties increase if a person receives financial benefit as a result of their deception. As a fourth-degree charge, a violation of the Stolen Valor Act is punishable by a maximum prison term of up to 18 months in prison and a fine of up to $10,000. If the amount received due to the deceit is more than $75,000, the charge becomes a second-degree crime.

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In their letter, Gottheimer and Pascrell said, "It’s important to understand the extent and amount to which county Commissioner Hayden benefitted from his false military status, including whether he received state or federal veterans benefits or tax preferences.

"The people of New Jersey who placed their trust in him as a public official deserve to know the answer to these questions," they wrote.

No record of Hayden in U.S. military database

Dan Prochilo, a spokesman for the Attorney General's Office, declined to comment on Friday. The State Police did not responded to messages seeking more information.

Hayden has been accused of claiming on the campaign trail to be a wounded veteran who served in the Navy SEALs (Sea, Air and Land,) the highly trained units that undertake advanced, behind-the-lines military operations. In some retellings, he was wounded in action against a drug cartel.

The letter from the congressmen reference Freedom of Information Act requests made by the commissioner's critics about his Hayden’s alleged military service. The U.S. military personnel center was "unable to identify Mr. Hayden as a member or former member of the U.S. Marine Corps or Marine Corps Reserve.  His name does not appear in the SEAL Database," the congressmen note.

'In the end, I will be vindicated'

In a brief phone interview on Thursday, Hayden told the Herald, "I really have no comment," then said the accusations are motivated by his requests for an investigation of Sussex County's food pantry program.

"The FBI is all over this," he said. He declined to provide any documentation because, "I don't think the FBI wants their emails public."

Hayden ended the conversation by saying, "All I know is, in the end, I will be vindicated."

Hayden has alleged at several commissioner meetings that there is as much as $3 million missing from the pantry program. That program is partially funded by a private donor and operated by volunteers independent of county government, but it uses county-donated space for its warehouse.

Hayden has said the FBI is looking into the alleged missing money, but he has not provided any proof of that investigation. At repeated board meetings, Commissioner Director Jill Space has inquired if anyone has had contact with the FBI with no affirmative responses.

Messages left with the FBI and the U.S. Attorney's Office asking about any investigation involving the food pantry were not immediately answered.

Strong emotions at commissioners meeting

Since the "stolen valor" accusations became public earlier this year, several people have used the public comment period of commissioner meetings to call on Hayden to resign. An Andover resident has shown up at the meetings wearing a red T-shirt with what could be considered a vulgar slogan against the commissioner.

The Sussex County Republican Party, meanwhile, announced in March that it would begin gathering signatures on recall petitions and has withdrawn its support of its former standard-bearer.

At Wednesday's commissioner meeting, there were again speakers who called for Hayden to resign. He was in attendance but chose not to reply.

The Herald was recently told of a public incident which occurred at last November's commissioner-sponsored "Salute to Veterans" at the county Fairgrounds in Frankford.

As part of his introduction, Hayden was described as a veteran.

Commissioner Space and former commissioner Dawn Fantasia, who is now a state assemblywoman, were on the dais at the time. According to them, Hayden was asked before the introduction if he was a veteran and responded: "Navy."

Email: bscruton@njherald.com Twitter/X: @brucescrutonNJH

This article originally appeared on New Jersey Herald: Did Sussex commissioner's Navy SEAL claim violate NJ Stolen Valor law?