NORTH JERSEY MEDIA GROUP, INC., Plaintiff-Respondent, v. TOWNSHIP OF LYNDHURST, HELEN POLITO, RMC, in her capacity as the Custodian of Records for the Township of Lyndhurst, BOROUGH OF NORTH ARLINGTON, KATHLEEN MOORE, in her capacity as the Custodian of Records for the Borough of North Arlington, BOROUGH OF RUTHERFORD, MARGARET M. SCANLON, RMC, in her capacity as the Custodian of Records for the Borough of Rutherford, BERGEN COUNTY POLICE DEPARTMENT, CAPTAIN UWE MALAKAS, in his capacity as Custodian of Records for the Bergen County Police Department, NEW JERSEY STATE POLICE and SERGEANT HARRY ROCHESKEY, in his capacity as Custodian of Records for the New Jersey State Police, Defendants-Appellants.
DOCKET NO. A-2523-14T1
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
June 11, 2015
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION June 11, 2015 APPELLATE DIVISION
Argued April 21, 2015 - Decided June 11, 2015
Before Judges Messano, Ostrer and Sumners.
On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-19048-14.
Richard J. DiLascio, attorney for appellants Township of Lyndhurst and Helen Polito, joins in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.
Rubenstein, Meyerson, Fox, Mancinelli, Conte & Bern, P.A., attorneys for appellants Borough of North Arlington and Kathleen Moore, join in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.
Julien X. Neals, Bergen County Counsel, attorney for appellants Bergen County Police Department and Captain Uwe Malakas, joins in the brief of appellants New Jersey State Police and Sergeant Harry Rocheskey.
Samuel J. Samaro argued the cause for respondent North Jersey Media Group Inc. (Pashman Stein and Jennifer A. Borg, attorneys; Mr. Samaro and Ms. Borg, of counsel; Mr. Samaro and CJ Griffin, on the briefs).
American Civil Liberties Union of New Jersey, attorneys for amicus curiae American Civil Liberties Union of New Jersey (Edward Barocas, Jeanne LoCicero and Iris Bromberg, on the brief).
Loccke, Correia & Bukosky, attorneys for amicus curiae State Troopers Fraternal Association and Bergen County Policemen‘s Benevolent Association Conference (Michael A. Bukosky, on the brief).
The opinion of the court was delivered by
OSTRER, J.A.D.
This appeal, by leave granted, concerns the public‘s right to access records pertaining to a criminal investigation under the Open Public Records Act (OPRA),
I.
Plaintiff North Jersey Media Group, Inc. (NJMG) is the owner of numerous print and web-based news organizations, including The Record, a general circulation daily newspaper, and the South Bergenite, a weekly community newspaper. Reporters for these two publications sought various records of local, county, and state law enforcement agencies (LEAs) pertaining to the fatal police shooting of a criminal suspect, Kashad Ashford. The shooting followed a high-speed chase of Ashford and his passenger Jemmaine T. Bynes across multiple municipalities.
The records custodians of the LEAs did not respond consistently. None provided documents before NJMG filed its November 3, 2014, complaint. Thereafter, NJMG received 9-1-1 call recordings, various redacted police documents containing computer aided dispatch (CAD) reports, and a uniform force report (UFR).1 However,
The events leading to the fatal shooting are set forth in a September 16, 2014, press release of the Attorney General‘s Office (OAG); a December 9, 2014, certification of Cortney Lawrence, the NJSP‘s lead detective in the Attorney General‘s Shooting Response Team (SRT) investigation; and a December 10, 2014, certification of New Jersey Division of Criminal Justice (DCJ) Lieutenant Robert McGrath, Detective Lawrence‘s supervisor.2 A North Arlington resident called 9-1-1 at 2:12 a.m. on September 16 to report an attempted burglary of her vehicle from her driveway. A North Arlington patrol vehicle was dispatched to the scene to interview the resident. Meanwhile, additional officers from the police departments of North Arlington, Lyndhurst, Rutherford, and Bergen County joined the investigation into the attempted burglary.3 Officers soon spotted an SUV matching the information provided. Police determined the SUV was stolen.
Police attempted to perform a motor vehicle stop, but the driver, later identified as Ashford, refused. Instead, Ashford led officers on a high-speed chase through several municipalities. At one point, Ashford attempted to ram a police vehicle head-on. He later crashed into a guardrail on Ridge Road at Route 3 in Lyndhurst.
The press release and the detective‘s certification present different versions of what happened next. According to the press release, more than one officer fired upon Ashford after he spun his tires and allegedly backed his SUV at the officers, ramming a police vehicle.4 Det. Lawrence‘s certification issued nearly three months later was less definitive. The detective stated Ashford and Bynes revved the engine “as if to force their way out“; police had surrounded the vehicle; and ultimately, Ashford was shot and killed. The detective did not assert Ashford backed up, or rammed a police vehicle, nor did the detective state how many officers shot at Ashford.5
Ashford was fatally shot at around 2:27 a.m., and pronounced dead at a nearby hospital at 7:05 a.m. Officers found a .357-caliber Magnum handgun and a facemask in the vehicle. Bynes was arrested at the scene and charged with weapons offenses and receiving stolen property. The SRT immediately assumed control of the investigation. According to released CAD reports, NJSP investigators began interviewing officers that morning.
- Incident Reports, Operation Reports, Investigation Reports, and/or Offense Reports (including supplemental reports);
- Log book notations, daily activity logs, daily bulletins, daily statistical sheets, tally sheets, vehicle logs;
- Audio recordings, and if available, written transcripts of such audio recordings of all police and law enforcement dispatches and recorded conversations including all 911 calls;
(continued) vehicles positioned around the suspects’ vehicle. Ultimately, driver Kashad Ashford was fatally wounded by gunshot.”
- Arrest reports for individual(s) in the incidents;
- All information required to [be] released by law enforcement under Section 3(b) of the New Jersey Open Public Records Act,
N.J.S.A. 47:1A-3(b) where (i) an arrest has not yet been made; and (ii) where an arrest has been made; - Use of force reports;
- Audio and Video recordings from the mobile recorders (MVRs) in the vehicles of law enforcement personnel;
- Motor Vehicle Accident Reports, Crash and Investigation Reports;
- Computer Aided Dispatch reports;
- Mobile Data Terminal Printouts (MDTs).
The same day, Koloff requested the following records from the State Police:
1. use of force report[;] 2. audio recordings of law enforcement dispatches and recorded conversations including 911 calls; 3. audio and video recordings from mobile recorders (MVRs) in vehicles of law enforcement personnel; 4. computer aided dispatch reports[;] 5. arrest reports[;] 6. Motor Vehicle Accident Reports, Crash and Investigation Reports[;] 7. incident reports, operation reports, investigation reports and offense reports (including supplemental reports)[.]
Grant‘s September 17, 2014, request asked Lyndhurst to disclose the following documents “as they are created“:
- All police reports concerning the Sept. 16, 2014 pursuit of suspects later identified as Kashad Ashford and Jemmaine Bynes.
- All use of force reports by Lyndhurst officers concerning the Sept. 16, 2014 shooting.
- Any additional documentation kept by the Lyndhurst Police Department concerning the Sept. 16, 2014 pursuit of suspects later identified as Kashad Ashford and Jemmaine Bynes and shooting.
- Any video tape (or a transcription of the video tape) obtained during the course of the investigation into the Sept. 16 pursuit and shooting.
Although the responses varied, none of the LEAs’ records custodians produced responsive documents before NJMG filed its complaint. Lyndhurst‘s records custodian denied both reporters’ requests on September 25, 2014, based on the OAG‘S ongoing investigation. Before doing that, the custodian had referred the records request to OAG, which referred it back to Lyndhurst. North Arlington‘s records custodian wrote to Koloff on September 25, 2014, stating that his requests were subject to an “ongoing [OAG] investigation” and the OAG would determine what to release. The Bergen County Police Department‘s records custodian likewise denied Koloff‘s request based on the criminal investigatory records exemption.
NJSP postponed its response three times, the last time promising to respond by November 6, 2014. As late as October 23, 2014, the NJSP records custodian wrote that he was “still trying to determine if the investigation into the death of Kashad Ashford was conducted by the NJSP.”7 The records
custodian stated his search was impeded by the lack of a “case number.”
NJMG‘s two-count complaint alleged violations of OPRA and the common law right to know. NJMG sought an order compelling the release, or an in camera review, of documents believed to be exempt; and fees and costs pursuant to
After the complaint was filed, Rutherford and the OAG released documents. On December 5, 2014, Rutherford‘s counsel wrote that he determined disclosure was appropriate under OPRA “despite initially being advised to the contrary by the New Jersey Attorney General‘s Office.” The counsel provided unredacted copies of: a CAD report, a property report, a compact disc (CD) containing the recordings of three phone calls from the public regarding the incident, and a CD containing “Radio Transmissions from Rutherford PD Case # 14-19344, 9-16-14.”8 The
CAD report listed the names of the officers dispatched, their car numbers, along with their response times, and the name of the dispatcher. It included an entry that all additional information and reports were to be generated by the OAG.
Rutherford‘s attorney also provided three investigation reports, which were redacted.9 A Vaughn10 index was provided,
(continued) photocopies of the CDs. Rutherford‘s counsel stated they were unredacted.
public interest, under
On December 22, 2014, the OAG released a 9-1-1 call recording, and what its counsel described as “CAD reports” in the possession of the DCJ. The dispatch reports were actually contained within other documents, which were to varying degrees, redacted without explanation. These included: a North Arlington Police Department Investigation Report, which included mostly unredacted incident details, and completely redacted sections entitled “name details” and “narrative details“; a Lyndhurst Police Department Dispatch Log, with the officer name section redacted; a Bergen County Police Department Incident Report Form, which included unredacted information about the incident, but redacted the names of the officers who generated and approved the report, and included a blacked-out half page. The State did not provide a Vaughn index, nor did it expressly confirm whether the remaining requested documents existed.
In its response to the OSC, the State provided certifications from Det. Lawrence and Lt. McGrath. In addition to setting forth details of the events leading to the shooting, Det. Lawrence stated that the SRT assumed control of the investigation “once the shooting took place.” The SRT‘S investigation of the shooting, as well as its investigation into Bynes‘s actions, were ongoing at the time of the certification, on December 10, 2014. However, Bynes, who was released on bail, was fatally shot in Newark in March 2015.11 Det. Lawrence asserted that all documents generated after the initial 9-1-1 call were investigatory.
Lt. McGrath generally explained the Attorney General‘s Directive 2006-5, which established the procedures for investigating fatal police shootings, and the role of the SRT, which operates independently from the ordinary chain of command. Lt. McGrath stated that consistent with the directive, the SRT assumed control of the investigation of the shooting, and the underlying alleged criminal actions of Ashford and Bynes. Also consistent with the directive, Lt. McGrath expected the matter to be presented to a State Grand Jury after the SRT completed its investigation. DCJ maintained all evidence and investigative materials. Lt. McGrath asserted the investigation was ongoing.
With respect to the reporters’ document requests, Lt. McGrath conceded the reporters were entitled to the 9-1-1
recordings
Lt. McGrath sought the opportunity to present, under seal and ex parte, “case-specific examples of how the threats to the integrity of the ongoing investigation and the negative impact of same on the public interest, would be evident in release of the records being sought for production here.” He stated he could not provide a more specific justification without disclosing the information the OAG sought to keep confidential.
On the return date of the OSC, the trial court concluded NJMG was entitled to all the records requested pursuant to both OPRA and the common law, effective upon entry of the court‘s order. The court denied the OAG‘s motion to review an ex parte certification from Lt. McGrath.
In its decision, the court reviewed the factual history of the case, and the various governmental entities’ responses to NJMG‘S OPRA requests. The court held that redacting documents was equivalent to the denial of access, citing Newark Morning Ledger Co. v. New Jersey Sports & Exposition Authority, 423 N.J. Super. 140, 148 (App. Div. 2011).
Addressing NJMG‘s access rights under OPRA, the court concluded that neither the criminal investigatory records exception,
The court concluded the governmental entities failed to meet their burden to show the “required by law” exception-to-the-exception did not apply. The court held that UFRs were required by law to be made, pursuant to Attorney General directives, which have the force of law, citing O‘Shea, supra, 410 N.J. Super. at 382. The court held that 9-1-1 calls, police dispatch records, and CAD entries were also “required by law” documents, citing Serrano v. South Brunswick Township, 358 N.J. Super. 352, 364 (App. Div. 2003),
The court also rejected the State‘s reliance on the “ongoing investigation” exception, which applies only if release of documents would be “inimical to the public interest.”
The court likened the State‘s arguments to the claim that release of investigatory documents would taint potential jurors, which the court stated was rejected in Courier News v. Hunterdon County Prosecutor‘s Office, 358 N.J. Super. 373 (App. Div. 2003). Additionally, the court discussed the public‘s substantial interest in police shootings of suspects, particularly given recent incidents in Ferguson, Missouri, and Staten Island, New York. The court noted that significant time had passed since the shooting of Ashford, and witness statements were likely already obtained.
The court also held that the OAG failed to comply with the OPRA provision requiring release of certain information, specified in the law, absent a showing the release would jeopardize persons’ safety, an investigation, or was otherwise inappropriate.
The court found the responding entities failed to comply with the timelines mandated by OPRA. Also, the court concluded NJMG was entitled to fees under OPRA and asked the parties to attempt to agree upon a “reasonable quantum of fees.” Absent agreement, the court set a schedule for submission of a certification of services, as well as a response.
Finally, the court addressed NJMG‘s rights under the common law right of public access. Citing Keddie v. Rutgers, 148 N.J. 36 (1997), the court identified the three predicates to the common law right of access. As stated in Keddie, the three predicates are: “(1) the records must be common-law public documents; (2) the person [or entity] seeking access must establish an interest in the subject matter of the material; and (3) the citizen‘s right to access must be balanced against the State‘s interest in preventing disclosure.” Id. at 50 (internal quotation marks and citations omitted). The trial court noted that no party disputed that the requested documents were common law public records. Moreover, NJMG had standing, given its interest in policing the workings of government. Lastly, balancing the factors set forth in Loigman v. Kimmelman, 102 N.J. 98 (1986), the court found that the public‘s interest in disclosure outweighed the responding entities’ interest in confidentiality.
By order entered January 22, 2015, the court compelled defendants to “locate, identify and produce, without redactions, all responsive records to [NJMG‘s] OPRA requests and provide such records to [NJMG]” within three days. On January 26, 2015, the court granted a stay until January 30, 2015, but otherwise denied a stay pending appeal. We subsequently granted an emergent motion for leave to appeal, and stayed the court‘s order.12
We exercise de novo review of the trial court‘s decision that OPRA requires disclosure of publicly held records. See, e.g., K.L. v. Evesham Twp. Bd. of Educ., 423 N.J. Super. 337, 349 (App. Div. 2011), certif. denied, 210 N.J. 108 (2012). “We apply the same standard of review to the court‘s legal conclusions with respect to whether access to public records is appropriate under the common-law right of access.” Drinker Biddle & Reath LLP v. N.J. Dep‘t of Law & Pub. Safety, 421 N.J. Super. 489, 497 (App. Div. 2011). We apply a different and deferential standard of review when a court conducts an in camera review of documents and balances competing interests in disclosure and confidentiality in connection with a common-law-based request to inspect public records. Shuttleworth v. City of Camden, 258 N.J. Super. 573, 588 (App. Div.), certif. denied, 133 N.J. 429 (1992). However, “to the extent [the appellate court] can be said to be reviewing essentially a legal
determination, [it] can review the documents which the trial judge ordered disclosed . . . .” Ibid.
In determining whether documents or information related to a criminal investigation must be disclosed under OPRA, a court must engage in a three-stage statutory analysis, which we describe below. See
First, the court must consider whether the requested document is a “criminal investigatory record[],” which is excluded from the definition of government record generally subject to disclosure under OPRA.
Second, even if the document does not qualify as a “criminal investigatory record” — for example, because it is a “required by law” document — the court must consider whether the document may be withheld as a document that “pertain[s] to an investigation in progress by any public agency . . . if the inspection, copying or examination of such record or records shall be inimical to the public interest.”
Regardless of whether a document can be withheld as a “criminal investigatory record” under
where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any; if an arrest has been made, information as to the name, address and age of any victims unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or court rule. In deciding on the release of information as to the identity of a victim, the safety of the victim and the victim‘s family, and the integrity of any ongoing investigation, shall be considered;
if an arrest has been made, information as to the defendant‘s name, age, residence, occupation, marital status and similar background information and, the identity of the complaining party unless the release of such information is contrary to existing law or court rule;
information as to the text of any charges such as the complaint, accusation and indictment unless sealed by the court or unless the release of such information is contrary to existing law or court rule;
information as to the identity of the investigating and arresting personnel and agency and the length of the investigation;
information of the circumstances immediately surrounding the arrest, including but not limited to the time and place of the arrest, resistance, if any, pursuit, possession and nature and use of weapons and ammunition by the suspect and by the police; and
information as to circumstances surrounding bail, whether it was posted and the amount thereof.
[Ibid.]
However, the public agency may withhold such information if release would “jeopardize the safety of any person or jeopardize any investigation in progress or may be otherwise inappropriate to release.” Ibid. This “exception shall be narrowly construed to prevent disclosure of information that would be harmful to a bona fide law enforcement purpose or the public safety.” Ibid. When a public agency relies on this exception, it shall issue a brief explanation. Ibid.13
We turn first to the court‘s determination that the State failed to meet its burden to show that the requested documents were criminal investigatory records, that is, records “pertain[ing] to any criminal investigation or related civil enforcement proceeding[,]” and “not required by law to be made, maintained or kept on file.” See
A.
We address the “required by law” issue first. We begin by reviewing legislative history, which justifies applying pre-OPRA case law in interpreting this exception-to-the-exception. We14
then review that case law, and apply it to the requests in this case.
OPRA was adopted in 2002 as an amendment to the Right to Know Law (RTKL), which had remained largely intact since its enactment in 1963. L. 1963, c. 73.14 The RTKL generally created a statutory right of access to government documents “required by law to be made, maintained or kept on file.” L. 1963, c. 73, §§ 1, repealed by L. 2001, c. 404, § 17. The “required by law” precondition was narrowly construed. See, e.g., Keddie, supra, 148 N.J. at 46 (“[T]his Court has consistently held that the Right-to-Know Law‘s definition of a public record is narrow and is to be strictly construed.“). The RTKL also excluded from release documents pertaining to investigations in progress, if release would be inimical to the public interest. L. 1963, c. 73, § 3 (permitting the denial of access to records that “pertain to an investigation in progress . . . [and] inspection, copying or publication of such record or records shall be inimical to the public interest“).
The “required by law” standard was recognized as a significant impediment to public access under the law. As noted14
by Senator Robert J. Martin, the principal co-author of the Senate version of the legislation that ultimately was enacted as OPRA:
We have a Right to Know Act, which dates back to 1963. The problem with that law is that it only requires . . . [access to] documents that are required by law to be made . . . maintained, or kept on file. The statute, in other words, is very narrow in its form. And what has happened is that many records, which the public, I think, would expect to be available to them, are not required by law to be made — to be maintained.
[Public Hearing before Senate Judiciary Comm., Senate Bill Nos. 161, 351, 573, and 866, 209th Legislature (March 9, 2000) (Statement of Sen. Martin) at 1-2.]15
1309, 209th Legislature (Pre-filed for Introduction in the 2000 Session) and Senate Bill No. 2003, 209th Legislature (December 14, 2000), with Assembly Bill No. 1309, 209th Legislature (Fifth Reprint) (January 8, 2002), and L. 2001, c. 404, § 2.
In its initial version, the legislation did not single out criminal investigatory records for special treatment within the definition of “government record.” However, a Senate floor amendment offered by Senator Martin to the Assembly-passed version of Assembly Bill No. 1309 changed that. The amendment excluded from the definition of government records, “criminal investigatory records,” which it defined as “a record which is not required by law to be made, maintained or kept on file that is held by a law enforcement agency which pertains to any criminal investigation or related civil enforcement proceeding.” See Assembly Bill No. 1309 (Fifth Reprint). Such records were “deemed . . . confidential” for the purposes of the statute, as were other documents covered by other exemptions. The purpose was to narrow access to criminal investigatory records. See Statement to Senate Bill No. 2003 with Senate Floor Amendments, 209th Legislature (Proposed by Senator Martin) (Adopted May 3, 2001) (“The amendments exempt criminal investigatory records of a law enforcement agency from the statutory right of access. However, a common law right of access could be asserted to these and other records not accessible under the statute.“).
Also part of the floor amendment was the provision now codified at section 3(b), described above, which requires disclosure of specified information about a criminal investigation, notwithstanding any exemption from disclosure, provided it does not jeopardize persons’ safety, the investigation, or is otherwise inappropriate. The provisions of section 3(b) were largely drawn from an executive order of Governor Whitman, see Exec. Order No. 69, ¶ 3 (Whitman) (May 15, 1997), which in turn largely incorporated the terms of an executive order of Governor Kean. See Exec. Order No. 123, ¶ 2 (Kean) (Nov. 12, 1985).
Beginning with an order of Governor Hughes in 1963, “[f]ingerprint cards, plates and photographs and other similar criminal investigation records which are required to be made, maintained or kept by any State or local government agency” were exempt from disclosure under the RTKL. Exec. Order No. 9, ¶ 2(e) (Hughes) (Sept. 30, 1963). Governor Kean continued this exemption, with the proviso that the information, ultimately identified in section 3(b), “shall be made available to the public as soon as practicable unless it shall appear that the release of such information will jeopardize the safety of any person or any investigation in progress or be otherwise inappropriate.” Exec. Order No. 123, ¶ 2 (Kean). The order went on to state that “‘as soon as practicable’ shall generally be understood to mean within 24 hours.” Ibid.
In view of this history, it is appropriate to interpret the “criminal investigatory records” exception in OPRA in light of pre-OPRA case law interpreting the RTKL‘s “required by law” standard in cases involving requests for records pertaining to criminal investigations. According to well-established principles of statutory construction, the Legislature‘s reinsertion of the RTKL‘s formulation reflected its approval of prior judicial interpretation, as it applied to criminal investigatory records.
The construction of a statute by the courts, supported by long acquiescence on the part of the Legislature, or by continued use of the same language or failure to amend the statute, is evidence that such construction is in accordance with the legislative intent. The persuasive effect of such legislative inaction is increased where the statute has been amended after a judicial construction without any change in the language so interpreted.
[Lemke v. Bailey, 41 N.J. 295, 301 (1963) (citations omitted).]
“Moreover, courts will not impute a legislative intention to alter an established judicial interpretation absent a ‘clear manifestation’ of such intent.” Coyle v. Bd. of Chosen Freeholders of Warren Cnty., 170 N.J. 260, 267 (2002) (citation omitted). The case for inferring legislative endorsement of prior judicial interpretation is especially strong in this case, which presents not merely the acquiescence in prior language, or amendment without change of prior language, but the affirmative restoration of prior language after its deletion in earlier versions of the legislation.16
We recognize that OPRA generally commands that limitations on access to government documents “shall be construed in favor of the public‘s right of access.”
contrast, as noted, the “required by law” standard was narrowly construed, including as applied to records related to criminal investigations. See Shuttleworth, supra, 258 N.J. Super. at 581; Home News Publ‘g Co. v. State, 224 N.J. Super. 7, 11 (App. Div. 1988). We do not construe OPRA‘s general rule of construction as a basis to deviate from the established interpretation of the “required by law” standard, which by amendment was reinserted into OPRA. The OPRA rule of construction guides statutory interpretation where the statute is unclear, or ambiguous. The “required by law” standard was already clearly defined by established case law.
B.
According to pre-OPRA judicial interpretation, documents are “required by law to be made, maintained or kept on file,” if so mandated by a statute, regulation, executive order, or judicial decision. We are
The distinction between documents “required by law,” and documents created through the exercise of discretion, was recognized in Irval Realty Inc. v. Board of Public Utility Commissioners, 61 N.J. 366 (1972), which involved civil investigational records. Id. at 369-71. After a gas explosion, the plaintiffs sought reports that a utility prepared and filed with the Board of Public Utility Commissioners (PUC), and an investigative report prepared by the PUC staff. Id. at 369-70. The utility‘s report was prepared pursuant to a formally promulgated PUC regulation requiring utilities to report certain accidents. Id. at 370. The Court held that the RTKL encompassed the utility‘s reports because the PUC‘s regulation had “the force of law and require[d] that such reports be made.” Id. at 375. The Court did not so find as to the PUC staff‘s reports, stating, “Whether the investigation reports prepared by members of defendant‘s staff meet this definition is less clear, but need not be decided here since they certainly qualify as public records within the scope of the common law rule.” Ibid.17 See also Attorney General George F. Kugler, Jr., New Jersey‘s Right to Know, A Report On Open Government 9 (1974) (stating that the “required by law” precondition “clearly embodies administrative rules and regulations as well as statutes“).
In another utility case, the Court held that an order of the Board of Public Utilities (BPU), which directed solid waste17
utilities to provide the BPU with customer lists, did not satisfy the RTKL‘s “required by law” standard, meaning the lists were not subject to release under the RTKL. In re Request for Solid Waste Util. Customer Lists, 106 N.J. 508, 525 (1987) (”In re Request“). The Court stated: “The lists are not ‘records which are required by law to be made, maintained[,] or kept on file by any board . . . .’ [T]he order was merely an administrative directive, and not the equivalent of either a statute or a Board regulation . . . and therefore not subject to disclosure as public records.” Ibid. (citation omitted).
In another case, the Court also held that the RTKL did not cover documents pertaining to a background character investigation, performed in response to the Governor‘s discretionary request. Nero v. Hyland, 76 N.J. 213, 220-21 (1978). The records were not “required by law to be made, maintained or kept on file” because “[n]o statute, regulation, executive order or judicial decision require[d] that the Governor conduct a character investigation . . . .” Ibid. The Court rejected the trial court‘s “engrafting upon [the RTKL] the definition of a public record contained in the Destruction of Public Records Law [(DPRL)],
The Court directly addressed a RTKL request for documents pertaining to a criminal investigation in State v. Marshall, 148 N.J. 89, cert. denied, 522 U.S. 850, 118 S. Ct. 140, 139 L. Ed. 2d 88 (1997). In his effort to collaterally challenge his conviction, Marshall sought access to the entire investigative file in his case. Id. at 268.
The
We applied these principles in denying a newspaper‘s claim under the RTKL to access to a police department‘s investigational reports in Daily Journal v. Police Department of Vineland, 351 N.J. Super. 110, 120-21 (App. Div.), certif. denied, 174 N.J. 364 (2002).
We have found no case holding that criminal investigation reports are public records under the RTKL. Indeed, the courts have held to the contrary, on the basis that no law or regulation requires the making, maintaining or keeping on file the results of a criminal investigation by a law enforcement officer or agency.
[Id. at 120.]
We rejected the contention that the “required by law” standard was satisfied by
We reached a similar conclusion in Shuttleworth, where, as here, the plaintiff sought records involving a fatal police shooting of a criminal suspect. Shuttleworth, supra, 258 N.J. Super. at 579-81. The shooting victim in that case, named Watson, was already in custody. Id. at 578. Specifically, the plaintiff sought “all reports relating to Watson‘s arrest and the related firearm discharges[,] . . . tape recordings of the investigation, the police inventory of Watson‘s possessions, and copies of any rules or procedures of the Camden Police Department pertaining to firearms in the area of prisoner detentions.” Id. at 580. We rejected the plaintiff‘s argument that
A broad reading of the “required by law” exception to the “criminal investigatory record” exception, as suggested by
mandate disclosure of information in section 3(b). We are unpersuaded by NJMG‘s argument that the principal purpose of adding section 3(b) was simply to assure the speedy release of the specified information.
We recognize that the RTKL authority reviewed above does not expressly address whether an internal agency directive satisfies the “required by law” standard. Nor do the cases address the impact of judicial decisions requiring the creation or preservation of investigational materials. However, we are unprepared to endorse including them within the universe of documents “required by law to be made, maintained or kept on file.”
First, the Court in Marshall spoke definitively and without reservation that the defendant‘s law enforcement file did not include “required by law” documents. See Marshall, supra, 148 N.J. at 273. We hesitate to find exceptions to the Court‘s definitive statement of law. See White v. Twp. of N. Bergen, 77 N.J. 538, 549-50 (1978) (noting that trial and intermediate appellate courts are “bound, under the principle of stare decisis, by formidable precedent“). Moreover, we are unprepared to explore the applicability of any judicial mandates to create or preserve investigatory records, inasmuch as NJMG does not rely on any such requirement, and the issue has not been briefed by the parties.19
Second, administrative directives of the Attorney General, similar to the BPU order in In re Request, are “not the equivalent of either a statute or a . . . regulation.” See In re Request, supra, 106 N.J. at 525. Concededly, an administrative directive may be deemed, in one sense, to carry the full force and effect of law within the administrative structure. See O‘Shea, supra, 410 N.J. Super. at 382 (stating that Attorney General‘s “Use of Force Policy” which requires police departments to complete and maintain UFRs “has the force of law for police entities,” based on the Attorney General‘s authority under the Criminal Justice Act of 1970,
to -117 to adopt “guidelines, directives and policies that bind local police departments“). On the other hand, the same may be said of the BPU order in In re Request — it had the force of law as it concerned the regulated utilities. In re Request, supra, 106 N.J. at 513.
The
which may be adopted informally, and directives that affect the general public and must be adopted through formal rule-making); In re Request, supra, 106 N.J. at 518-19 (discussing administrative agency‘s informal action, as distinct from formal rulemaking or adjudication).
Treating internal agency directives on record creation or retention as “required by law” would also create an anomaly under the law. OPRA retained the provision of the RTKL that authorizes agencies to exempt documents from disclosure by “regulation promulgated under the authority of any statute or Executive Order of the Governor.”
C.
We interpret next what constitutes a document that “pertains” to a criminal investigation. The issue is relevant both to (1) the interpretation of “criminal investigatory record” in
The ongoing investigation exception, as noted above, was first established in the RTKL. OPRA added the “exception-to-the-exception” for documents already open to the public.
OPRA cases have established that a document that is created before an investigation starts, and therefore does not “pertain” to an investigation at that point, does not change its character once an investigation begins, even if the document relates to the investigation. For example, a 9-1-1 tape created before an investigation begins does not pertain to an investigation commenced later, even if triggered by the 9-1-1 call. Courier News, supra, 358 N.J. Super. at 376, 380-81. In Serrano, the court addressed the “pertain to an investigation” language used in the ongoing investigation exception. Serrano, supra, 358 N.J. Super. at 366. “The tape that is the subject of this appeal was created hours before the police investigation began. If it was a public record when created, then it would remain accessible to the public under
However, there are other documents that police prepare, whether or not an investigation is commenced, which may partly pertain to an investigation that has already commenced. For example, daily activity logs or CAD reports are apparently prepared on a regular basis, regardless of whether an officer is performing a community caretaking function, such as assisting a boy who fell off a bicycle; or investigating a crime, such as interviewing a confidential informant regarding an ongoing investigation into gang activity. An entry about the former activity would not “pertain to an investigation,” but the latter would. Similarly, a UFR prepared after a police officer shoots a dangerous dog may not pertain to a criminal investigation. However, a UFR documenting the use of force in the course of arresting a criminal suspect would. We conclude that entries related to criminal investigative activities are properly deemed to “pertain[] to any investigation.”
D.
Applying these principles, we are persuaded that most of the documents sought by the reporters fall within the criminal investigatory records exception, because they are “not required by law to be made, maintained or kept on file” and they “pertain[] to any criminal investigation.” See
The reporters seek documents that report officers’ daily activities, including CAD reports detailing information received by or from police dispatchers, log
We reject NJMG‘s argument that these documents are “required by law” because the various LEAs are governed by the DPRL and regulations, which require adoption of record retention schedules.
The Court in Nero expressly declined to read the DPRL “in pari materia” with the RTKL. Nero, supra, 76 N.J. at 221. As discussed above, we have also repeatedly held that general, non-specific record preservation statutes or regulations do not satisfy the “required by law” standard under the RTKL. See Daily Journal, supra, 351 N.J. Super. at 120-21 (regarding
We reach the same conclusion with respect to general retention schedules adopted pursuant to the DPRL. Were we to reach the opposite conclusion, then the criminal investigatory records exception would have virtually no effect. Particularly in light of the legislative history, and the RTKL case-law shielding criminal investigatory records, we shall not presume that the exception is insignificant surplusage. See In re Civil Commitment of J.M.B., 197 N.J. 563, 573 (“Interpretations that render the Legislature‘s words mere surplusage are disfavored.“), cert. denied, 558 U.S. 999, 130 S. Ct. 509, 175 L. Ed. 2d 361 (2009).
Requested records that fall outside the criminal investigatory records exception include the recording of the 9-1-1 call, which are “required by law” to be maintained for no less than thirty-one days according to promulgated regulations.
IV.
As discussed above, even if documents are not exempt from OPRA as criminal investigatory records, they may be shielded from public access if they pertain to an investigation in progress and release would be “inimical to the public interest.” We have already reviewed the meaning of the “pertain to” language. The related issue presented on appeal is the trial court‘s rejection of the State‘s argument that release of the withheld documents would be “inimical to the public interest.” Although we conclude that most of the records requested were exempt under the criminal investigatory records exception, for the sake of completeness we address the trial court‘s consideration of this issue.
A case-by-case analysis is appropriate. Cf. Irval, supra, 61 N.J. at 375-76 (rejecting, under common law analysis, after review of disputed documents, defendant‘s claim that public interest in confidentiality outweighed plaintiff‘s interest in access in the case presented, but observing “nevertheless the facts of another case may quite possibly call for a different result“). The Irval Court stated that, as a general rule, a trial judge should “call for and examine the report or other record” to determine “[i]f in his sound judgment some part or all of the information therein contained should not be revealed . . . .” Ibid.
In our own decision in Irval, we rejected the general argument that “if inspection [by the public] of utility company accident reports were permitted the reports would be less than candid.” Irval Realty, Inc. v. Bd. of Pub. Util. Comm‘rs., 115 N.J. Super. 338, 345 (App. Div. 1971), aff‘d, 61 N.J. 366 (1972). Moreover, we found no threat to the public interest in permitting review of the Board‘s own reports, once its investigation was completed. Id. at 345-46.
In Serrano, we were unpersuaded that release of 9-1-1 recordings was “inimical to the public interest” assuming for argument‘s sake they were deemed to pertain to an ongoing investigation. Serrano, supra, 358 N.J. Super. at 367. In particular, we rejected the argument that release of the 9-1-1 tape to a news organization, and its anticipated widespread dissemination, would interfere with the selection of a jury. Ibid. We surmised that the 9-1-1 caller had no presumed expectation of privacy; the public‘s interest in release was substantial; any difficulties in impaneling a jury would be manageable; and we noted the attorney for the defendant agreed that release would not deprive the defendant of a fair trial. Id. at 367-69.
In Courier News, we likewise rejected the argument that release of 9-1-1 recordings was “inimical to the public interest,” where the defendant asserted that public dissemination of the recording would risk tainting the jury pool, and anticipated playback at trial of an electronically enhanced version of the recording would cause juror confusion. Courier News, supra, 358 N.J. Super. at 381-83. We found that the first concern did not present an insurmountable barrier to selecting a fair and unbiased jury, and the second concern was purely speculative. Ibid.
The receipt by appropriate law enforcement officials of information concerning the existence or occurrence of criminal activities is critical to the uncovering and the prosecution of criminal offenses, and is thus crucial to effective law enforcement. In order that the flow of such information be not impeded or cut off, the law has long treated the information as confidential and privileged against disclosure, thereby protecting witness security, the State‘s relationship with its informants and witnesses, and other confidential relationships, among other things.
[Marshall, supra, 148 N.J. at 273 (quoting River Edge Sav. & Loan Ass‘n, supra, 165 N.J. Super. at 543-44).]
See also Loigman, supra, 102 N.J. at 107-08 (discussing “the vital public interest in . . . the success of criminal prosecutions and the protection of potential witnesses and informants“).
In reference to criminal investigations, the need for confidentiality generally declines once the investigation is closed; but the need for confidentiality, at least as to some materials — such as those pertaining to confidential informants — may survive. See Keddie, supra, 148 N.J. at 54 (recognizing “the need for confidentiality is greater in pending matters than in closed cases,” but stating “[e]ven in closed cases . . . attorney work-product and documents containing legal strategies may be entitled to protection from disclosure“); River Edge Sav. & Loan Ass‘n, supra, 165 N.J. Super. at 545 (noting that “even inactive investigatory files may have to be kept confidential in order to convince citizens that they may safely confide in law enforcement officials“) (internal quotation marks and citation omitted); cf. Shuttleworth, supra, 258 N.J. Super. at 585 (stating that the “same values do not survive a balancing after the investigation is closed“).
The trial court dismissed as exaggerated the State‘s fear that premature release of witness statements might taint other witnesses’ independent recollections and undermine the integrity of the investigation into the police shooting. However, absent review of Lt. McGrath‘s proposed ex parte, in camera submission, we cannot be so sure.
First, we are convinced that where an investigation is ongoing, the public reporting of one witness‘s recollections may risk causing another witness to question his or her own recollections, or intentionally or unintentionally conform them to the reported reality. Assessing the extent of the risk is a fact-sensitive inquiry. Notably, the United States Department of Justice recently documented that phenomenon in its report on the fatal police shooting in Ferguson, Missouri. See Dep‘t of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson (March 4, 2015) 46, 58, available at http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/doj_report_on_shooting_of_michael_brown.pdf (discussing witnesses’ alteration of statements after watching media reports). In other contexts,
Second, the trial court‘s rejection of the State‘s concern was premature, as the court did not review the documents at issue, nor permit the State to explain, ex parte, the reasons why release would compromise its ongoing investigation. An assessment of the public‘s interest will often require review of requested documents in camera. See Loigman, supra, 102 N.J. at 108-09; Keddie, supra, 148 N.J. at 53-54. In some cases, in camera review of a Vaughn index may be appropriate, because the release of even a “detailed Vaughn index” to a requesting party “may in some cases enable astute parties to divine with great accuracy the names of confidential informers, sources, and the like . . . .” Loigman, supra, 102 N.J. at 111.
Where appropriate, a court should also allow the governmental entity to submit an ex parte explanation as to why disclosure is inimical to the public interest. “Because of the in camera nature of the review, the custodian, if necessary or appropriate, can explain ex parte the significance of documents and the impact their disclosure might have and the trial judge can state his reasons for non-disclosure.” Shuttleworth, supra, 258 N.J. Super. at 589 (applying common law right to inspect).
Applying these principles, we conclude it was error for the court to deny the State‘s motion to submit the proposed McGrath certification ex parte and in camera. As discussed above, there are few requested records in this case that fall outside the “criminal investigatory record” exception; any that did would still be subject to review under the “ongoing investigation exception.” Moreover, the foregoing discussion is relevant to the court‘s consideration of NJMG‘s claim of a common law right to inspect the documents, which we discuss below.
V.
With respect to section 3(b), the State contends: (1) NJMG is entitled only to the information delineated in the subsection, and not documents that contain such information; and (2) the State disclosed all the information required. We agree with the State as to the first point, but not as to the second.
Had the Legislature intended section 3(b) to oblige a public agency to release records, as opposed to information, it would have said so. We are guided by the plain language of the statute. In interpreting a statute, “[i]f the plain language is clear, the court‘s task is complete.” In re Kollman, 210 N.J. 557, 568 (2012). We assign to words their generally accepted meaning. In re Petition for Referendum on Trenton Ordinance 09-02, 201 N.J. 349, 358 (2010). We must “read every word in a statute as if it was deliberately chosen and presume that omitted words were excluded purposefully.” State v. Scott, 429 N.J. Super. 1, 6-7 (App. Div. 2012) (internal quotation marks and citation omitted), certif. denied, 214 N.J. 117 (2013). In particular, we presume the Legislature acts intentionally when it uses “particular language in one
We conclude the word “information,” as used in the statute, is not synonymous with tangible records, such as written documents, notes, or recordings that contain the specified information. The required “information” may be conveyed in a newly drafted press release. Conceivably, the information could be provided in a public oral announcement.
The principal provision of OPRA generally authorizes access to “government records,”
As discussed above, section 3(b) was drawn from Governor Whitman‘s executive order. That order expressly authorized public officials to respond orally to requests for the specified information. “The law enforcement official responding to oral requests should make best efforts to respond orally over the telephone . . . .”
However, we agree with NJMG that the State failed to include all the information required by the law. In particular, the State omitted “information as to the identity of the investigating and arresting personnel and agency and the length of the investigation.”
VI.
Lastly, we consider the State‘s appeal from the trial court‘s order compelling release of the documents pursuant to the common law right of access. The State concedes the requested records are public records, subject to the common law right to inspect. See Nero, supra, 76 N.J. at 222 (stating “[t]he elements essential to constitute a public record are . . . that it be a written memorial, that it be made by a public officer, and that the officer be authorized by law to make it“) (internal quotation marks and citation omitted). The State also concedes that NJMG has the requisite standing to request inspection. See, e.g., S. Jersey Publ‘g Co. v. N.J. Expressway Auth., 124 N.J. 478, 487 (1991) (“[A] newspaper‘s interest in keep[ing] a watchful eye on the workings of public agencies is sufficient to accord standing under the common law.“) (internal quotation marks and citation omitted); Irval, supra, 61 N.J. at 372 (stating that some showing of interest is required to enforce the common law right to inspect). The State challenges the court‘s balancing of NJMG‘s interest in the documents against the LEAs’ interest in confidentiality.
The principles governing the common-law balancing are well-settled. We discussed some of them in our discussion above of the balancing under the “inimical to the public interest” standard under the RTKL and OPRA. The balancing of the competing interests in disclosure and confidentiality often involves an “exquisite weighing process by the trial judge.” Loigman, supra, 102 N.J. at 108 (internal quotation marks and citation omitted). The Loigman Court recognized the “vital public interest in . . . the success of criminal prosecutions and the protection of potential witnesses and informants.” Id. at 107-08. Toward that end, pursuant to executive order, NJSP investigative files may not be disclosed without court order or executive order. Id. at 107-08 (citing
Since there is a high degree of need for confidentiality in such materials, more than a showing of good faith and citizen status will be required to overcome the public interest in confidentiality. It does not constitute a clear showing of such public need to say only that there may be something corrupt that should be exposed for the benefit of the public.
[Id. at 108.]
Loigman specifically addressed a request under the common law to inspect documents related to an OAG audit of a prosecutor‘s office‘s confidential account. Loigman, supra, 102 N.J. at 101. The Court identified several factors the trial court should consider in balancing the requester‘s needs against the public agency‘s interest in confidentiality:
(1) the extent to which disclosure will impede agency functions by discouraging citizens from providing information to the government; (2) the effect disclosure may have upon persons who have given such information, and whether they did so in reliance that their identities would not be disclosed; (3) the extent to which agency self-evaluation, program improvement, or other decisionmaking will be chilled by disclosure; (4) the degree to which the information sought includes factual data as opposed to evaluative reports of policymakers; (5) whether any findings of public misconduct have been insufficiently corrected by remedial measures instituted by the investigative agency; and (6) whether any agency disciplinary or investigatory proceedings have arisen that may circumscribe the individual‘s asserted need for the materials. Against these and any other relevant factors should be balanced the importance of the information sought to the plaintiff‘s vindication of the public interest.
[Id. at 113 (citation omitted).]
The motivation of the requester is a relevant consideration in the balancing process under the common law. “Somewhat different but related considerations arise when the citizen seeks access to information to further a public good” as opposed to a private interest. Loigman, supra, 102 N.J. at 104. In connection with requests for a criminal investigatory file, the Court held in Marshall that “the common-law right to inspect
As we noted, the need for confidentiality in investigative materials may wane after the investigation is concluded. With respect to grand jury proceedings, for example, “our case law has with increasing frequency expanded the right of victims and some other persons with particular interest to gain access [to grand jury transcripts] after completion of the criminal case.” Shuttleworth, 258 N.J. Super. at 585, n.6; see also State v. Doliner, 96 N.J. 236, 246 (1984) (stating that “a strong showing of a particularized need” must be made to secure access to grand jury materials).
We applied the Loigman principles in Shuttleworth which, as noted above, involved the request for documents pertaining to a Camden Police investigation into the fatal police shooting of a suspect in custody. Shuttleworth, supra, 258 N.J. Super. at 578. The investigation in Shuttleworth was closed, and a determination had already been made not to prosecute the involved officer or officers. Ibid. We affirmed the trial court‘s release of an autopsy report “precisely because the investigation was closed without the filing of charges.” Shuttleworth, supra, 258 N.J. Super. at 595. On the record presented, we were unable to determine which other documents the trial court actually ordered disclosed pursuant to the common law right to inspect. We remanded for an in camera review of documents listed on a Vaughn index. Id. at 589-91.
By contrast, in Daily Journal, we affirmed the trial court‘s denial of access to records of a grand jury presentment regarding alleged government corruption. Daily Journal, supra, 351 N.J. Super. at 127-31. Although the investigation was also closed, the trial court found that the interests in confidentiality were warranted, particularly in light of the unique nature of the presentment process. Id. at 128-30. Other circumstances may establish an overriding need for confidentiality, despite the closing of an investigation. See Keddie, supra, 148 N.J. at 54; River Edge Sav. & Loan Ass‘n, supra, 165 N.J. Super. at 545.
As a procedural matter, a court must make a threshold determination whether an in camera review of documents is warranted. Loigman, supra, 102 N.J. at 109. The review itself may cause unjustified risks to the public‘s interest in conducting effective criminal investigations. Ibid. The court may first require the submission of a Vaughn index, to identify the documents at issue, and the asserted rationale for nondisclosure. Id. at 109-10. The court may, if appropriate, require the submission of the index in camera, as well as a further explanation of the reasons for non-disclosure. Id. at 111-12.
Applying these principles, the trial court‘s order granting access to the requested materials is flawed because it is based on an incomplete record. We recognize the intense public interest in a case involving the possible use of excessive force by police. The issue has arisen in cases across the country. The public‘s need to know is not limited to the public‘s interest in knowing what happened in a particular case. Information may assist the public in evaluating the adequacy of police procedures in general, and the claim that police force is used disproportionately against members of minority groups. Access to records related to fatal police
In this case, the discrepancy between the OAG‘s press release and the investigating detective‘s subsequent certification raises obvious questions about what happened immediately prior to the shooting. As noted, it was asserted in the press release that Ashford rammed a police vehicle before being shot. The detective‘s certification stated only that Ashford‘s engine revved “as if” to force his way out from the spot where the car was lodged against the guardrail. The discrepancy between these two documents also raises questions about the reliability or accuracy of the information upon which the press release was based.
The requesters’ and the public‘s interest in access must be balanced against the substantial interests in conducting a thorough and effective investigation, untainted by premature release of investigative materials. In order to engage in a proper balancing of interests, the trial court should have considered the proposed in camera and ex parte submission by Lt. McGrath. See Shuttleworth, supra, 258 N.J. Super. at 589. If the court were still unpersuaded that non-disclosure was warranted, the court should have ordered the State to prepare a Vaughn index, for submission in camera if appropriate. See Loigman, supra, 102 N.J. at 108-12. The court should have reviewed the documents themselves in camera, applying the Loigman factors, and retaining the ability to release a document in a redacted form.
The government‘s interest in confidentiality may decline once investigative activity ceases. The investigation was ongoing according to certifications submitted to the trial court in December. Over eight months have elapsed since the SRT began its investigation. It is unclear that the investigation is still ongoing and, if it is, the nature of those continuing activities. The trial court should ascertain, based upon in camera submissions if appropriate, the current status of the investigation, as part of its balancing of competing interests.
Conceivably, one part of the investigation may be closed, while another part is still active. For example, the gathering of evidence of alleged criminal activity by Ashford and Bynes may have ceased, in view of their deaths. In other respects, records regarding the actions of Ashford and Bynes, and statements of Bynes, may still be relevant to the SRT‘s work. Such facts may be relevant in justifying the release of some documents, but not others.
VII.
In sum, we remand to the trial court to reconsider plaintiff‘s requests in light of the principles set forth in this opinion. We have identified those records that are exempt from OPRA pursuant to the criminal investigatory records exception.
The trial court shall also reconsider its determination that plaintiffs are entitled to access under the common law. In so doing, the court shall consider McGrath‘s proposed certification. The court shall
Affirmed in part, reversed in part, and remanded for reconsideration. We do not retain jurisdiction.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION
Notes
Police positioned their vehicles around the SUV in an attempt to apprehend the vehicle‘s occupants, but the driver put the car in reverse, spinning the tires of the vehicle until the roadway was filled with smoke. The driver allegedly backed the SUV at the officers, ramming a police vehicle. Officers fired upon the driver of the SUV, striking him.
Under an Attorney General Directive, the Shooting Response Team, made up of deputy attorneys general, detectives of the Division of Criminal Justice, and detectives of the State Police Major Crime Unit, are dispatched to the scene to handle (continued)