May 20, 2008
Sgt. James Purcell
Police Department,
1976 Morris Ave., Union, NJ 07081
Re: Summons # UNN638639 & UNN637580 my Request for Information under
OPRA pending since 11-29-07 & Your response of May 12, 2008
Dear Sir:
I am not at all surprised with your additional misrepresentations on the matters of various Discovery requests pending since 11-29-07 in the above referred Court Matters. You’re writing that your Court Coordinator Mrs. Shaw has supplied me with all the discovery in this case on 4-18-08 is an insult to the intelligence of the Defendant. What she has supplied is the copies of the 2 summons issued to the defendant by Patrolman Cavallo just to frustrate, intimidate and financially hurt the defendant.
Coming to the dates of Racial/Cultural Sensitivity Training for Union PD which now you are referring for your convenience as Racial Profiling Training; the defendant once again wants to remind you that it was you, who on 11-29-07 denied the request for Training Dates in writing. Then Sgt. Elliott on 12-18-07 made a statement that it has been a while that such training has been conducted and as far as Patrolman Cavallo is concerned he is fairly new in the force for 31/2 years only he never had such training. After that it was Chief Thomas Kraemer who could not come up with dates when specifically asked for on the floor of the Town Hall on 4-22-08. Now very conveniently after 5 months you are coming up with Training dates 10-15-05 for Chief Kraemer and 12-05-05 for Patrolman Cavallo conducted by Lt. Davis with material provided by The New Jersey Attorney Generals Office and The Union County Prosecutors Office. Looking at your credibility and the other officers involved; please provide the copy of the Material/Curriculum Used in such training conducted for Chief Kraemer and Patrolman Cavallo. Also provide the names of other Union PD officers who underwent the so called Training with Chief Kramer and Patrolman Cavallo. I am sure this training was not exclusively for Chief Kramer or Patrolman Cavallo only; there must be few other officers also.
Then again your denial under NJSA 47:1A-10 to my request for Internal Affair Investigation report is unwarranted, unlawful and unjustified. I have already cited in my letter of 5-6-08 South Amboy Municipal Judge Joseph Hoffman’s Ruling of 2-13-07 in the matters of State vs. Rajnikant Parikh Complaint # 06-00193001 to release the Internal Investigation to the defendant. Moreover the right of a defendant to obtain Internal Affair investigation reports and other similar evidence is well established under both United States and New Jersey Law. State v. Harris, 316 N.J. Super 384 (App. Div. 1998) and State v. Ewtushek, App. Div. 2005 WL 1802099 (7-1-05)
Police Department,
1976 Morris Ave., Union, NJ 07081
Re: Summons # UNN638639 & UNN637580 my Request for Information under
OPRA pending since 11-29-07 & Your response of May 12, 2008
Dear Sir:
I am not at all surprised with your additional misrepresentations on the matters of various Discovery requests pending since 11-29-07 in the above referred Court Matters. You’re writing that your Court Coordinator Mrs. Shaw has supplied me with all the discovery in this case on 4-18-08 is an insult to the intelligence of the Defendant. What she has supplied is the copies of the 2 summons issued to the defendant by Patrolman Cavallo just to frustrate, intimidate and financially hurt the defendant.
Coming to the dates of Racial/Cultural Sensitivity Training for Union PD which now you are referring for your convenience as Racial Profiling Training; the defendant once again wants to remind you that it was you, who on 11-29-07 denied the request for Training Dates in writing. Then Sgt. Elliott on 12-18-07 made a statement that it has been a while that such training has been conducted and as far as Patrolman Cavallo is concerned he is fairly new in the force for 31/2 years only he never had such training. After that it was Chief Thomas Kraemer who could not come up with dates when specifically asked for on the floor of the Town Hall on 4-22-08. Now very conveniently after 5 months you are coming up with Training dates 10-15-05 for Chief Kraemer and 12-05-05 for Patrolman Cavallo conducted by Lt. Davis with material provided by The New Jersey Attorney Generals Office and The Union County Prosecutors Office. Looking at your credibility and the other officers involved; please provide the copy of the Material/Curriculum Used in such training conducted for Chief Kraemer and Patrolman Cavallo. Also provide the names of other Union PD officers who underwent the so called Training with Chief Kramer and Patrolman Cavallo. I am sure this training was not exclusively for Chief Kramer or Patrolman Cavallo only; there must be few other officers also.
Then again your denial under NJSA 47:1A-10 to my request for Internal Affair Investigation report is unwarranted, unlawful and unjustified. I have already cited in my letter of 5-6-08 South Amboy Municipal Judge Joseph Hoffman’s Ruling of 2-13-07 in the matters of State vs. Rajnikant Parikh Complaint # 06-00193001 to release the Internal Investigation to the defendant. Moreover the right of a defendant to obtain Internal Affair investigation reports and other similar evidence is well established under both United States and New Jersey Law. State v. Harris, 316 N.J. Super 384 (App. Div. 1998) and State v. Ewtushek, App. Div. 2005 WL 1802099 (7-1-05)
Likewise, the same principle has been established in Federal Law since at least UNITED STATES V. RICHARD NIXON, 418 U.S. 683 (1974) where a “generalized interest in confidentiality” by even the President of the United States was insufficient to prevail over the “fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.” Id at 713.
Then these reports are Public Record it may be politically embarrassing to Democrat administration and Unionized Police Department of Union Twp. who can legally finance Lawmakers Election campaigns thru their Unions. This is a First Amendment case Plain and Simple. Union PD’s denial could be as offensive to-day as was the government application & high handedness to halt the Publication of Pentagon Papers in 1971. It is an established precedent that public release or publication denial is acceptable only in the most exceptional circumstances, not even the claims of threat to Military Security swayed the US Supreme Court in landmark 1971 ruling that allowed the publication of the Top Secret Pentagon Papers.
Moreover where a law enforcement investigation has been completed, the State’s interest in confidentiality of Internal records related to the investigation is substantially reduced. Shuttleworth V. Camden, 258 N.J. Super. 573, 585 (App. Div. 1992), certif. den., 133 N.J. 429 (1993).
Your contention that defendant can appeal your decision to the Government Record Council or the NJ Superior Court is nothing but intimidation and violation of defendant’s constitutional rights. It looks like you are more worried to cover up the existence of illegal Traffic Summons Quota in Union Twp, Obscene gestures and Racial Profiling under selective enforcement of Law done by Patrolman Cavallo.
It looks like you are holding Patrolman Cavallo on a much higher pedestal than US President and your sham internal investigation to cover up Traffic Summons Quota as well as Racial Profiling more sensitive and more classified than Pentagon Papers. The defendant in the present case himself has provided statements to the Internal Investigation. Such statements are clearly discoverable to the defendant for use in cross examination. There is no rationale to withhold discovery. Under R. 3-313 (f) (1) and R. 7:7 (e) (1), a court, on a motion and for good cause, may consider an application for a protective order to withhold evidence from discovery under only certain circumstances.
Moreover in the instant case, any Police need for confidentiality that too for a cover up of their unlawful activities pales in comparison for Defendant’s discovery needs under his constitutional rights to present an effective defense against an offense which he has not committed, a Parking violation in which he is being selectively cited, Racial Profiling and obscene gestures by a Uniformed officer all under racial bias and selective enforcement of Law to meet an illegal Twp Quota for Traffic Summons.
The Union Township, Police, Prosecutor and Court are knowingly indulging in Information Discrimination. They are knowingly denying Knowledge and Information to the defendant for which Defendant has constitutional rights. Since Nov. 2007 collectively and individually all of them are intimidating the Defendant by deliberately delaying and denying Knowledge and Information by sending him from post to pillar. Then individually and collectively they have hurt the defendant mentally, physically, emotionally and financially by issuing Arrest Warrants on fabricated charges and Notices of Failure to Appear with threat of Arrest on fabricated charges.
Union Municipal Judge Kelly Waters has already conveyed to the defendant on 5-19-08 they may reconsider its earlier decision to Recuse itself from the above matters once another (sham) investigation by Union County Prosecutor (Democrat Romankow an important Player in corrupt Home Rule System) is over. This is the same Prosecutor who failed to take any action in a complaint of violation of Freedom of Free Speech Rights by Democrats of Springfield, a complaint against a racist Democrat Judge Steven Firsichbaum for using his Court Room as ethnic Party Room and allowing his attorney friend Keith Beibelberg to do all kinds of frauds to save a habitual speed law violator, a Springfield Cop Kahora stopping 5 & 9 yr old children with a hand on Gun, a Lunatic Zygmunt Wilf; financier to Democrats blowing up a Hill in Springfield doing wholesale massive permanent damage to Environment by bribing the Springfield, Union County and Trenton Democrats. Union Municipal Court has failed to understand that it has lost its credibility by issuing Arrest Warrants & Notice of Failure to Appear all under fabricated charges. It has failed to address the allegations of Racial Profiling by the defendant including execution of his arrest warrants at lightning speed by Union & Springfield PD under Racial Bias. Then it has failed to address the issue of Discoveries for more than 5 months. This Court has no moral and legal sanctity left in the above matters. So it will be in the best interest of the Justice to maintain Court’s sanctity; for it to Recuse itself in prosecuting the defendant by transferring matters to some other Court.
Defendant believes all the above reasons are more than enough for Union Police Department, Municipal Court and various Union Twp. departments to release the IA investigation reports and other pending discoveries as requested, to the defendant. This must be done to uphold the sanctity of our Legal system and the doctrine of “Equal Justice” as guaranteed by the US Constitution.
Sincerely,
Devendra Makkar
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