Dentist pleads not guilty in Shore pollution

CAPE MAY COURT HOUSE, N.J. - A Main Line dentist pleaded not guilty yesterday to dumping hundreds of pieces of medical waste that sullied beaches from Atlantic City to Cape May last summer.

Thomas William McFarland, 59, of Wynnewood, who owns a summer home in the Avalon Manor section of Middle Township, declined comment as he walked hand in hand with his wife, Joanne, after his arraignment in Cape May County Superior Court.

McFarland told police in September that on Aug. 22 he dumped a bag of used medical supplies from his Boston Whaler boat into the waters of Townsends Inlet, between Sea Isle City and Avalon, according to the state Attorney General's Office.

Authorities had been on his trail after serial numbers on some of the waste were linked to McFarland's dental practice, which he operated in his Pennsylvania home.

McFarland was indicted in November by a New Jersey grand jury on charges that he unlawfully discharged a pollutant and medical waste, including more than 300 Accuject-brand needles, 180 cotton swabs, and capsules holding dental-filling material. The two charges each carry a sentence of up to five years in prison and as much as $125,000 in fines.

McFarland's lawyer, Joseph Rodgers of North Wildwood, would not comment yesterday on McFarland's September confession to police and his subsequent decision to plead not guilty.

The dentist's appearance was his first in a courtroom because he checked himself into a mental-health-treatment facility immediately after speaking to police in September, according to the Attorney General's Office.

At the time of his arrest, friends of McFarland's called the dentist "likable and conscientious," and said his wife's battle with cancer had put him under tremendous stress.

By pleading not guilty, McFarland is eligible to apply for entry into a pretrial intervention program. Under the program's guidelines, McFarland's sentence could be reduced and his record wiped clean if he makes the prescribed restitution, Rodgers said after the arraignment.

Medical waste washed onto beaches up and down the Shore, and caused multiple closures during the two weeks leading to Labor Day weekend. The mysterious debris caused panic among officials, business owners, residents and visitors, who feared a rerun of the mid-1980s, when pollution at the Shore was rampant and the tides deposited needles, garbage and drums of chemicals on the sand.

Avalon and other shore towns lost business in the critical final days of the season, according to Avalon Mayor Martin Pagliughi, who pushed for the investigation that led to McFarland's arrest.

"We all value and prize the Shore. It's one of our greatest natural resources," Deputy Attorney General Edward Bonanno said after the arraignment. "It's a serious case and these are serious charges. What happened this summer had a devastating impact on Avalon and other parts of the Shore."

Reporters assembled for McFarland's arraignment were denied their first chance to see the defendant and to witness the scheduled 11 a.m. court proceeding when Judge Raymond Batten unexpectedly moved the proceedings up by about 40 minutes.

Since all parties were present, it was within Batten's purview to "move the calendar" by holding the arraignment early, despite the public's interest in the case, Bonanno said. Afterward, McFarland remained in the courthouse for more than three hours to be fingerprinted and processed for application to the pretrial intervention program.

The program allows first-time offenders the opportunity to avoid the traditional criminal-justice process, such as a trial and jail sentence. Participants, who often are permitted to live at home, are put on a supervised plan that may include community service, monetary restitution, and mandatory psychological and/or drug and alcohol treatment.

McFarland underwent an interview with a staff member from the Criminal Division of Superior Court, which will decide whether to recommend him for the program. The prosecution also must consent for the defendant to be accepted, Bonanno said.

A pretrial hearing is scheduled for March 19.