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WEST MILFORD - Use of force disclosure stays
(by Sid Johnston - Staff Writer - October 15, 2008)
WEST MILFORD - This past Friday, Judge Thomas Brogan denied the township’s motion to reconsider his decision to allow citizens access to the police Use of Force documents.
In a phone conference, Judge Brogan heard the request for reconsideration of his Aug. 8 written order that said Use of Force reports were part of the Open Public Records Act (OPRA) and that denying access to them would violate the law. Use of Force reports document how, why and when police officers use force.
The case was brought up when the township denied long-time journalist and former West Milford resident Martin O’Shea access to the Use of Force documents while he was collecting various documents on the police Internal Affairs Department.
“Once the bell is rung, you can’t un-ring it. Therefore, I am going to grant the stay,” Judge Brogan said. “We don’t need police officers that are not candid on reports that attorney guidelines require that they fill out.”
The stay will allow the township time to appeal the decision to the appellate court.
Township labor attorney Fred Knapp said the main reason he brought up the reconsideration was to defend the police officers from unverified accusations.
“Original accusations make page one of the newspaper, and when the officer is exonerated, the story is buried on page 36,” Knapp said.
Judge Brogan thought otherwise.
“The allegations are one thing, and they do damage a person’s reputation, and there may be nothing of substance to support the allegation other than a disgruntled person that got arrested and possibly didn’t heed the instructions of the police officer,” Brogan said. “However, the use of force is a different issue.”
O’Shea’s attorney, Richard Gutman, had his opinions on why the reconsideration was filed.
“I believe the motion to reconsider is an attempt to subvert the purpose of motions to reconsider and introduce additional arguments and affidavits that could have been included and weren’t,” Gutman said. “None of these Use of Force reports (that O’Shea requested) were used in any criminal or disciplinary procedures.”
Gutman concluded, “The township has the burden of proof, but they have been coy, and how many of these reports involved the arrest of a citizen? They never said.”
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