News
- Details
- Written by: John Paff
- Category: Open Government Advocacy Project
On June 10, 2014, Montclair Attorney Richard M. Gutman filed a lawsuit on my behalf challenging the Ocean County Prosecutor's denial of my Open Public Records Act (OPRA) request for a video that allegedly depicts a police officer intentionally siccing his police dog on a 57-year-old woman. The lawsuit and brief, captioned Paff v. Ocean County Prosecutor, Docket No. OCN-L-1645-14, is on-line here.
I requested the video after reading about Tuckerton Police Corporal Justin Cherry being charged with second-degree official misconduct and third-degree aggravated assault after he "allegedly allowed a K-9 to attack and bite a woman following a traffic stop earlier this year." The dog attack allegedly occurred on January 29, 2014 and was filmed by a security video camera on the outside of the Barnegat municipal building. An April 21, 2014 Star Ledger article on the alleged attack is on-line here.
- Details
- Written by: John Paff
- Category: Police Accountability Project
On January 13, 2014, the Township of Ewing (Mercer County) agreed to pay $155,000 to a Trenton woman who sued members of the Ewing Police Department for allegedly beating her.
In her suit, Portia Freeman said that on March 5, 2012 Ewing Township Health Inspector Carol Martin, Animal Control Officer Rick Moore came to her home with police to serve a warrant. According to the complaint, the officials were there to investigate a complaint that Plaintiff's sister, who the officials believed was a mentally handicapped juvenile, was being left alone in the home without a working heater.
- Details
- Written by: John Paff
- Category: Police Accountability Project
On January 28, 2014, the City of Atlantic City (Atlantic County) agreed to pay $50,000 to a local man who sued members of the Atlantic City Police Department for allegedly stopping and detaining him without probable cause.
In his suit, Jonathan Preston said that on June 16, 2011, he was driving a car in which three other African American men were passengers when he was pulled over by Atlantic City Police Officer Michele Zanes, who is Caucasian. He claims Zanes told all four men to drop what [they] were doing and put [their] hands up" when she approached the car and accused Preston of "getting smart with her" and threatened to take him to jail.
Zanes then allegedly asked Preston for his social security number. Instead of speaking it in front of the others, Preston opted to write it down on a piece of paper and give it to Zanes. According to Preston's lawsuit, "at this point, approximately 12 back-up officers in cars and on motorcycles had arrived at the scene of the stop."
- Details
- Written by: John Paff
- Category: Open Government Advocacy Project
June 5, 2014
Ann Rizzi, ACDM
Middlesex County Courthouse
56 Paterson Street, PO Box 964
New Brunswick, New Jersey 08903
via e-mail only to
Dear Ms. Rizzi:
I am writing to you at the suggestion of Ombudsman Luis Hernandez, who is copied on this e-mail.
I had previously made a records request to the Middlesex County Criminal Records Division seeking letters of support and requests for leniency regarding Anthony Morales, who was convicted of and sentenced to three years in prison for having a sexual relationship with a female student. See a January 7, 2014 nj.com article on-line here.
- Details
- Written by: Webmaster
- Category: Press Releases
For Immediate Release:
Contact: Charles Barr, 732-470-9994
Email:
June 5, 2014
26-Year-Old Libertarian Attorney Joins Race Against Pallone in NJ’s 6th Congressional District
TRENTON, NJ – Libertarian candidate for United States House of Representatives Dorit Goikhman filed a petition last week entering her into the race against incumbent Frank Pallone.
The 26-year-old Morganville attorney and Brooklyn Law School graduate hopes to connect with a younger demographic that is traditionally targeted in a low turnout mid-term election.
“Frank Pallone has been in office since 1988. That’s the year I was born. It’s about time that young people get some representation in Washington, because we are the ones who are suffering due to the financially irresponsible decisions of our predecessors.”
- Details
- Written by: Mark Richards
- Category: Letters to Editor
Dear Editor:
As I write this, another Memorial Day has come and gone and the politicians and their media allies have mouthed the usual high-sounding platitudes about the "service" and "sacrifice" of our armed forces. Nice, lofty sounding stuff but sadly it is a blatant lie! There is an old saying that "Truth is the first casualty in war."
For nearly a century now, the globalists and other assorted international interventionists have lied, tricked, and maneuvered us into two world wars plus a seemingly never-ending string of unconstitutional, undeclared "no-win" police-action "interventions" around the world.
Our so-called leaders don’t’ give a damn about our armed forces; they view them as expendable, cheap "cannon-fodder" to be used to prop up foreign regimes around the world that we happen to be allied with at any given moment. Our veterans have been lied to; they have fought, bled, and died for nothing and no one seems to want to "rock the boat" and point this out to the American people.
- Details
- Written by: John Paff
- Category: Police Accountability Project
On May 1, 2014, the City of Plainfield (Union County) agreed to pay $25,000 to a local woman who sued members of the Plainfield Police Department for allegedly assaulting her and using excessive force against her.
In her suit, Shelby Vattelle said that on December 19, 2010, during a motor vehicle stop, Plainfield Police Officer Michael J. Auriccio, "threw [her] to the concrete, smashed [her] face into the pavement" without justification. She also claimed that Auriccio applied handcuffs too tightly and threw her to the ground again at Plainfield Police Headquarters. There, she said, another officer "ripped [her] boots from her feet, breaking one of the heels."
- Details
- Written by: Alex Pugliese
- Category: Letters to Editor
Former New Mexico Governor, Gary Johnson was once voted the most fiscally conservative governor during his time in office beginning in 1995 and ending in 2003. He brought a business like mentality to governing and believed that public policy should be based on cost and benefits and not strict ideology.
Known as “Governor Veto” during his time in office, Johnson vetoed a record of 750 bills, a majority of which had to do with spending. When he left office, New Mexico was one of four states at the time to have a balanced budget. Also, during his time there, he received a grade of “A “ for his fiscal policies from the libertarian Cato Institute.
- Details
- Written by: John Paff
- Category: Police Accountability Project
On May 11, 2008, the City of Wildwood (Cape May County) agreed to pay $75,000 to a local bar owner who sued members of the Wildwood Police Department for allegedly harassing him and his bar patrons and issuing bogus summonses.
In his suit, Michael C. Petaccio, who operated the Fairview Cafe, said that Officer David Romeo and Sergeant Terry Osler entered his bar on two occasions and harassed his customers even though the establishment was operating legally. In the first instance, Petaccio claimed that Romeo entered his bar on June of 2004, prior to the mandated 3 a.m. closing time, arrested Frank Miller, the D.J. who was providing music that night and later issued summonses for "playing music at one minute past 3:00 a.m." Petaccio claimed that he and his bar were ultimately acquitted of the charges.
- Details
- Written by: Jay Edgar
- Category: Police Accountability Project
A 16-year officer in the Mendham Township Police Department has filed suit against the force, alleging he has been bypassed twice for promotion and denied chances to earn overtime because he refuses to “profile” young drivers for tickets.
- Details
- Written by: Jeff Deist
- Category: Selected Blogs
Memorial Day provides the political class countless opportunities to ruin an otherwise thoroughly enjoyable holiday weekend. Like clockwork, local congressmen, mayors, city council members, et al. materialize at parades, picnics, and churches to give speeches about “freedom.”
But what does freedom really mean?
Just as we should repudiate Junk English in economics, we should demand precision when it comes to the language of political posturing! In other words, we should insist that politicians use defined terms (I’m not holding my breath).
In essence, freedom is the absence of state coercion. Nothing more, but certainly nothing less.
Dr. Ron Paul explains this coercive reality behind those invoking freedom while advocating state action:
Few Americans understand that all government action is inherently coercive. If nothing else, government action requires taxes. If taxes were freely paid, they wouldn’t be called taxes, they’d be called donations. If we intend to use the word freedom in an honest way, we should have the simple integrity to give it real meaning: Freedom is living without government coercion. So when a politician talks about freedom for this group or that, ask yourself whether he is advocating more government action or less.
Taking this definition a step further, Hans-Hermann Hoppe describes a free society as the absence of aggression against one’s body and property:
- Details
- Written by: John Paff
- Category: Police Accountability Project
On May 5, 2014, the Boroughs of Collingswood and Woodlynne (Camden County) agreed to pay $15,000 to a Woodlynne man who sued members of the Collingswood Police Department for allegedly assaulting and arresting him without probable cause.
In his suit, Earl Whaley said that on August 25, 2008, he was playing cards with his friends on his front porch in Woodlynne. He claimed that even though he was creating no disturbance, Police Officer Brian Eidmann falsely stated that a neighbor had filed a noise complaint and told Whaley and his friends to "keep it down." Whaley claimed that when he "voiced his objections forcefully and with occasional profane word" Eidmann "barged through the closed screen door and onto the screened in porch" and "ripped the chair out from under [Whaley] and then struck him one or more times about the face." Whaley said he was arrested for disorderly conduct but was later acquitted.
It appears from the lawsuit that Woodlynne contracts its police services out to Collingswood Borough.
- Details
- Written by: John Paff
- Category: Police Accountability Project
In an undated agreement, the Borough of Roselle Park (Union County) agreed to pay $15,000 to an Elizabeth woman who sued a Roselle Park Police officer for "illegally, improperly and without probable cause" issuing her a summons for unlawful parking in a space marked for the physically handicapped.
In her suit, and according to an Appellate Division decision, Lorraine Selecky said Officer James Cantrell issued her the summons by mail after Cantrell, while off duty, interjected himself in an "intense argument" that Selecky was having with her 13-year-old daughter as they approached a Redbox video machine outside a 7-Eleven store in Roselle Park. Cantrell was already at the Redbox machine with his children when Selecky and her daughter approached. According to the Appellate Division decision, "a heated argument occurred between [Selecky] and Cantrell, either because [Selecky] thought Cantrell's children were taking too long in making their choice or because Cantrell interjected himself in [Selecky's] mother-daughter dispute."
- Details
- Written by: John Paff
- Category: Police Accountability Project
On April 15, 2014, the City of Hackensack (Bergen County) agreed to pay $50,000 to a local businessman and his family who sued members of the Hackensack Police Department for excessive force and hate crime violations.
In his suit, Fouad Dakka said that on April 7, 2007, he brought his 11 year old daughter to the Hackensack Police Department at the direction of Detective Tina M. Clouse in order to be processed under a complaint "that some other girl filed against her in retaliation for plaintiff's daughter having filed a complaint against this girl." He said that because he was Muslim and of Arab descent, he was nervous and arranged to have an attorney be with him during this encounter with police. Dakka claimed that when he arrived at the police station, he advised Clouse that his attorney was parking his car and would be in the station to accompany them in a moment.
Clouse allegedly "became extremely irate, indicated that she refused to wait even a second for any attorney or for any reason . . . [because] it is Saturday and she was already late for her personal plans for that day." Dakka alleged that Clouse "lunged forward at" the 11-year-old, grabbed her arm and attempted to pull her into the police department. Dakka said that he and his daughter were hugging each other protectively while she was being pulled by Clouse.
- Details
- Written by: John Paff
- Category: Open Government Advocacy Project
In an Order distributed today, May 1, 2014, the Government Records Council (GRC) ruled that a volunteer fire department in Franklin Township (Somerset County), which is within a Fire District, is a "public agency" that must respond to Open Public Records Act (OPRA) requests.
In Robert A. Verry v. Franklin Fire District No. 1, GRC Complaint No. 2013-196 (on-line here), the GRC held:
Notwithstanding that [Millstone Valley Fire Department] was likely created by the volunteer membership, is clear that member companies within a fire district exercise a government duty and are under the supervision and control of the district, which is clearly a "public agency." In essence, although the creation of a volunteer fire company is reserved only for the membership, said company organizing within a fire district is expressly required to apply to the district. As the Court noted in [Paff v. New Jersey State Firemen's Ass'n], the relationship between the Association and its existence are owed to state law, as is the relationship between the creation and function of a volunteer fire company within a fire district. Thus, in applying the Court's decision in Firemen's Ass'n, to the facts of this complaint, the GRC is satisfied that [Millstone Valley Fire Department] is a "public agency" for purposes of OPRA.
Therefore, because [Millstone Valley Fire Department] is a member of the [Franklin Fire District] per N.J.S.A. 40A:14-70.1 and thus serves a governmental function under the supervision and control of the [Franklin Fire District], it is a public agency for purposes of OPRA.
This is the first decision of its kind that I am aware of in New Jersey.
Verry's attorney in the matter is John A. Bermingham, Jr., Esq. and the Fire District was represented by Dominic DiYanni . The Fire District has 45 days within which to appeal the ruling.
- Details
- Written by: John Paff
- Category: Police Accountability Project
Russell W. Leffert, Chief
Warren Township Police Department
44 Mountain Boulevard
Warren, NJ 07059
via e-mail only to
Dear Chief Leffert:
I chair the New Jersey Libertarian Party's Police Accountability Project and ask that you accept this e-mail as our Internal Affairs complaint. I am forwarding this complaint to you, as Chief of Police, because there is nothing on your web site identifying the person within your Department to whom an Internal Affairs complaint should be directed.
We would like your agency to investigate whether Officer Robert Ferreiro (as well as any other officers and personnel employed by your agency) acted in accordance with department policy and the law regarding a June 10, 2010 motor vehicle stop and subsequent warrantless search of a vehicle driven by Troy Henderson.
- Details
- Written by: Matthew Boyer
- Category: Letters to Editor
By Matthew Boyer. Matthew Boyer is a School of Arts and Science sophomore with a major in political science and a minor in German. His column, “Legalizing Life,” runs in The Daily Targum on alternate Wednesdays. |
Every election, America faces a battle between two dominant political parties, which in turn divides America. We bicker about the opposing party’s policies and are distracted by trivial matters. We then elect a new president who typically behaves similarly to the one prior. Four or eight years down the road, half the country regrets who they cast their vote for. This scenario has essentially been an ongoing ordeal for decades. The American people have let the establishment of the two dominating parties overshadow the possibility of new voices in American politics. But there is a fresh alternative to the Democrats and Republicans we have all come to love and hate: Libertarians.
Putting aside talking points from watching an hour of MSNBC or Fox News, what are the legitimate differences between Democrats and Republicans? Well, let’s start with America’s history of military interventionism. Many people consider Democrats to be anti-war, whereas Republicans are considered warmongers — hence the anti-Condoleezza Rice sentiment among the University faculty. However, since World War II, history in the White House has shown an overwhelming pursuit of war, regardless of which party held office.For example, our current president continues Middle Eastern interventionism, global spying programs and unrestricted drone use, and he is a Democrat. Somalia intervention was under Bill Clinton, a Democrat. The Iraq and Afghanistan wars were under George W. Bush, a Republican. The Gulf War was under the President Bush senior, also a Republican. The Vietnam War was started under John F. Kennedy and continued through Johnson’s administration. Both were Democrats. It was Franklin D. Roosevelt who established the Japanese internment camps across the United States through executive order. The striking similarity in both parties’ foreign policy suggests the need for a new party that would boldly proclaim their pro-diplomacy, pro-peace and anti-war policies.
- Details
- Written by: John Paff
- Category: Police Accountability Project
Thomas J. Chirichella, First Assistant Prosecutor
Somerset County Prosecutor’s Office
40 North Bridge Street
Somerville, NJ 08876
via e-mail only to
Dear Mr. Chirichella:
I chair the New Jersey Libertarian Party's Police Accountability Project and have some concerns that the instructions on the Warren Township Police Department's web site regarding filing of an Internal Affairs complaint are too onerous and may dissuade some people from filing. I am directing this e-mail to your attention (with a copy to Freeholder Director Scaglione, who is the liaison to the Prosecutor's Office) because you are listed on the Somerset County Prosecutor’s Office website as the legal director to the SCPO's Internal Affairs Unit.
I invite your attention to the page (on-line here) on Warren's site that instructs potential IA complainants to complete the Complaint Form (on-line here) and "bring this completed form to Warren Police headquarters."