Supreme Court could soon rule on which police records should be public
TRENTON -- A state appeals court panel on Thursday ruled that dashboard video of a now-indicted police officer siccing a K-9 on a motorist should be released as a matter of public record.
The split decision, which will likely be considered by the state Supreme Court, contrasts with another ruling currently before the court that strictly curtailed public access to police video and other records.
The state's highest court could soon weigh in on what police records are fair game for public scrutiny. A decision in either case would come as hundreds of police departments across New Jersey are implementing body-worn camera programs amid a climate of national scrutiny of police practices.
Thursday's decision concerned the efforts of open records advocate John Paff to obtain dashboard video and other records from a 2014 incident in which a police dog attacked a woman who allegedly failed to stop in a vehicle pursuit that began in Tuckerton and ended in Barnegat Township.
Tuckerton police officer Justin Cherry was later charged by the Ocean County Prosecutor's Office with official misconduct and aggravated assault. He was accused of letting the dog attack the suspect "unjustifiably" after she was in custody and then lying in police reports to cover it up.
But authorities denied Paff's request for the records, claiming they were exempt as part of a "criminal investigation in progress" and "an internal affairs matter."
In court documents, police argued releasing the video could undermine those investigations.
Paff sued the prosecutor's office, and a trial judge ordered authorities release the records and pay Paff's legal fees. The split appeals panel upheld that ruling, with Judge Robert J. Gilson dissenting.
At issue was whether the video of the incident constituted a record that was required to be maintained by law, which would make it subject to release under the state Open Public Records Act.
In a similar case, known as North Jersey Media Group v. Lyndhurst, another appeals panel came to a different conclusion, finding that police video and other records from a police shooting were exempt from public disclosure. The Supreme Court is currently weighing a decision in that case.
Paff, a prolific records-requester who runs several blogs where he posts public documents online, said the Supreme Court is dealing with the very technical question of what constitutes a record created "by law."
But, he added, the stakes are much broader.
"The public policy end of it is: How do we want to treat the public's right to know regarding video evidence of what police are doing?" he said. "While there may be some times or some videos where you shouldn't be able to get a look, the vast majority of them should be available for public inspection."
Al Della Fave, a spokesman for Ocean County Prosecutor Joseph D. Coronato, said his office would file a motion for stay of the release of the video pending the Supreme Court's review.
S.P. Sullivan may be reached at ssullivan@njadvancemedia.com. Follow him on Twitter. Find NJ.com on Facebook.