Body cam footage 4/16/25 at American Legion 830pm-end
Dear North Haledon Borough,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
The body cam footage at the American Legion 512 High mountain Road North Haledon NJ 07508 830 pm-end. For the altercation that occurred during the Manchester Junior Falcons Meeting including the footage outside and there after.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Nicole Gorter
Axon - North Haledon Police Dept - NJ
Evidence.com - Case Download Link
Colleen Carver from North Haledon Police Dept - NJ
(https://northhaledonpdnj.evidence.com) has sent you a link to download
the case 25-0976 on Evidence.com. You will download 1 zip or iso file(s)
containing the pieces of evidence in this case. This download may take a
while depending on your internet connection.
Please note that your access to this link will expire on October 18,
2025 15:17:23 (-04:00).
Afterwards, you will need to contact the sender to request access.
Download link:
[1][Click here to download]
Thank you,
The Axon Team
SECURITY NOTICE: Axon will not send you emails that request your
username, password, security questions, or any other sensitive
information. If you receive an email requesting information, it is most
likely an attempt to gain access to your account. Furthermore, please
verify that any hyperlinks in the message above begin with the proper
URL e.g. "https://agencyname.evidence.com". Please forward emails that
appear suspicious to [email address].
References
Visible links
1. https://northhaledonpdnj.evidence.com/ax...
The Body Worn Camera footage was sent. You will receive an email from [email address] and the title of the email will be "Evidence.com - Case Download Link". Create a user name and password to access the link. You may have to sign out and back in to access it.
Dear Colleen Carver,
I received the email. I am trying to create an account and it’s saying “ Please contact your agency's Evidence.com administrator to obtain an invite code.” Please let me know what I should do. Thanks
Yours sincerely,
Nicole Gorter
I have never heard of that problem before. You can pickup the dvd with BWC
on it at headquarters after 1pm.
Get [1]Outlook for iOS
══════════════════════════════════════════════════════════════════════════
From: Nicole Gorter <[OPRA #74867 email]>
Sent: Monday, April 21, 2025 3:48:28 PM
To: Colleen Carver <[email address]>
Subject: Re: FW: OPRA request - Body cam footage 4/16/25 at American
Legion 830pm-end
Dear Colleen Carver,
I received the email. I am trying to create an account and it’s saying “
Please contact your agency's Evidence.com administrator to obtain an
invite code.” Please let me know what I should do. Thanks
Yours sincerely,
Nicole Gorter
Dear Colleen Carver,
To Whom It May Concern:
I am writing regarding my formal Open Public Records Act (“OPRA”) request submitted on [insert date], seeking the complete, unedited Body Worn Camera (“BWC”) footage from [insert brief description of incident/date].
On 4/26/25, you produced a grossly deficient and heavily edited video totaling only 1 minute and 46 seconds, with audio manipulated, muted, and inconsistently restored, without any legal justification, redaction log, or statutory citation for the withholding of material — as required by N.J.S.A. 47:1A-5(g) and Attorney General Law Enforcement Directive 2015-1 (and subsequent updates).
Your failure to produce the complete BWC footage or to provide lawful justification constitutes a willful and knowing violation of New Jersey law. Your actions obstruct public access to government records and violate both OPRA and the New Jersey common law right of access to public documents.
FINAL DEMAND:
I hereby demand that the North Haledon Police Department:
1. Produce the entire from 8:30- end of meeting, unedited BWC footage responsive to my OPRA request, with full, uninterrupted video and audio;
2. Provide a written legal basis for each and every redaction or edit previously made, along with a detailed privilege/redaction log citing specific statutory exemptions.
You have five (5) business days from the date of this letter to fully comply.
Be advised: If you fail to fully comply, I am fully prepared to initiate litigation in the Superior Court of New Jersey, Law Division, Passaic County, seeking:
• Immediate injunctive relief compelling production of the full BWC footage;
• Assessment of attorneys’ fees and court costs pursuant to N.J.S.A. 47:1A-6;
• Punitive damages as permitted under the law for willful OPRA violations;
• Referral of this matter to the New Jersey Government Records Council and the Office of the Attorney General for investigation of your improper handling of public records.
This letter shall serve as your final notice. I strongly suggest you seek legal counsel immediately.
GOVERN YOURSELVES ACCORDINGLY.
Sincerely,
Nicole Gorter
Dear North Haledon Borough,
Please pass this on to the person who conducts Open Public Records Act reviews.
I am writing to request an internal review of North Haledon Borough's handling of my OPRA request 'Body cam footage 4/16/25 at American Legion 830pm-end'.
[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
To Whom It May Concern:
I am writing regarding my formal Open Public Records Act (“OPRA”) request submitted on [insert date], seeking the complete, unedited Body Worn Camera (“BWC”) footage from [insert brief description of incident/date].
On 4/26/25, you produced a grossly deficient and heavily edited video totaling only 1 minute and 45 seconds, with audio manipulated, muted, and inconsistently restored, without any legal justification, redaction log, or statutory citation for the withholding of material — as required by N.J.S.A. 47:1A-5(g) and Attorney General Law Enforcement Directive 2015-1 (and subsequent updates).
Your failure to produce the complete BWC footage or to provide lawful justification constitutes a willful and knowing violation of New Jersey law. Your actions obstruct public access to government records and violate both OPRA and the New Jersey common law right of access to public documents.
FINAL DEMAND:
I hereby demand that the North Haledon Police Department:
1. Produce the entire, unedited BWC footage responsive to my OPRA request, with full, uninterrupted video and audio;
2. Provide a written legal basis for each and every redaction or edit previously made, along with a detailed privilege/redaction log citing specific statutory exemptions.
You have five (5) business days from the date of this letter to fully comply.
Be advised: If you fail to fully comply, I am fully prepared to initiate litigation in the Superior Court of New Jersey, Law Division, Passaic County, seeking:
• Immediate injunctive relief compelling production of the full BWC footage;
• Assessment of attorneys’ fees and court costs pursuant to N.J.S.A. 47:1A-6;
• Punitive damages as permitted under the law for willful OPRA violations;
• Referral of this matter to the New Jersey Government Records Council and the Office of the Attorney General for investigation of your improper handling of public records.
A full history of my OPRA request and all correspondence is available on the Internet at this address: https://opramachine.com/request/body_cam...
Yours faithfully,
Nicole Gorter
1. The BWC provided represents the entire video that is maintained by and
on file with the North Haledon Police Department.
2. N.J.S.A. 47:1A-1 (Legislative Findings) 1) Privacy Interest - “a
public agency has a responsibility and an obligation to safeguard from
public access a citizen's personal information with which it has been
entrusted when disclosure thereof would violate the citizen's
reasonable expectation of privacy.” See Burnett v. Cnty. of Bergen,
198 N.J. 408 (2009).
Respectfully,
Det. Sgt. Colleen Carver
North Haledon Police Department
103 Overlook Avenue
North Haledon, New Jersey 07508
973-423-1111 Main
973-304-0978 Fax
[1][email address]
[2]signatureImage
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this communication in error, please notify the sender immediately by reply
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════════════════════════════════════════════════════════════════════════
From: Nicole Gorter <[OPRA #74867 email]>
Sent: Sunday, April 27, 2025 12:49 PM
To: Colleen Carver <[email address]>
Subject: Internal review of OPRA request - Body cam footage 4/16/25 at
American Legion 830pm-end
Dear Colleen Carver,
To Whom It May Concern:
I am writing regarding my formal Open Public Records Act (“OPRA”) request
submitted on [insert date], seeking the complete, unedited Body Worn
Camera (“BWC”) footage from [insert brief description of incident/date].
On 4/26/25, you produced a grossly deficient and heavily edited video
totaling only 1 minute and 46 seconds, with audio manipulated, muted, and
inconsistently restored, without any legal justification, redaction log,
or statutory citation for the withholding of material — as required by
N.J.S.A. 47:1A-5(g) and Attorney General Law Enforcement Directive 2015-1
(and subsequent updates).
Your failure to produce the complete BWC footage or to provide lawful
justification constitutes a willful and knowing violation of New Jersey
law. Your actions obstruct public access to government records and violate
both OPRA and the New Jersey common law right of access to public
documents.
FINAL DEMAND:
I hereby demand that the North Haledon Police Department:
1. Produce the entire from 8:30- end of meeting, unedited BWC
footage responsive to my OPRA request, with full, uninterrupted video and
audio;
2. Provide a written legal basis for each and every redaction
or edit previously made, along with a detailed privilege/redaction log
citing specific statutory exemptions.
You have five (5) business days from the date of this letter to fully
comply.
Be advised: If you fail to fully comply, I am fully prepared to initiate
litigation in the Superior Court of New Jersey, Law Division, Passaic
County, seeking:
• Immediate injunctive relief compelling production of the
full BWC footage;
• Assessment of attorneys’ fees and court costs pursuant to
N.J.S.A. 47:1A-6;
• Punitive damages as permitted under the law for willful
OPRA violations;
• Referral of this matter to the New Jersey Government
Records Council and the Office of the Attorney General for investigation
of your improper handling of public records.
This letter shall serve as your final notice. I strongly suggest you seek
legal counsel immediately.
GOVERN YOURSELVES ACCORDINGLY.
Sincerely,
Nicole Gorter
Dear Colleen Carver,
Dear Det. Sgt. Carver:
I write in response to your continued assertion that the 1 minute and 46 second video produced in response to my OPRA request constitutes the “entire video maintained by and on file” with the North Haledon Police Department, and your reference to N.J.S.A. 47:1A-1 and Burnett v. Cnty. of Bergen, 198 N.J. 408 (2009) as justification for withholding any further footage. Your position is both factually and legally deficient.
1. The Footage Is Incomplete and Suggests Manual Intervention
The BWC footage you produced does not capture the entirety of the incident that occurred at the American Legion on April 16, 2025. The footage begins with the video already recording while the audio is manually activated only after some time has elapsed, which is indicative of deliberate control over recording parameters — not standard passive operation. This raises a legitimate concern about improper redaction, editing, or incomplete preservation.
Moreover, the footage excludes critical moments including:
• Slanderous and defamatory statements made about me by Cristine Swenty/Pierson;
• An assault committed against me by Liza Amezquita;
• The announcement made by Nicholas Pierson that I was banned from the Falcons; this was done against there own by laws.
The only moment your footage did capture:
• The moment when I was shoved in the back by a North Haledon police officer as I peacefully exited.
I possess my own recording of the full meeting, which demonstrates conclusively that the BWC footage you provided is fragmentary and unrepresentative of the full interaction.
2. The Privacy Exception Is Misapplied
Your invocation of Burnett and the general privacy provisions of N.J.S.A. 47:1A-1 is misplaced and does not relieve the Department of its duty to comply with OPRA. Burnett involved the wholesale disclosure of personal data from government-maintained databases, not a request for footage involving a public official’s interaction with a private citizen in a quasi-public setting, in which that citizen (myself) was directly involved and personally recorded the event.
I am not a disinterested third party. I am the subject of the footage, and the footage depicts an interaction in which I was slandered, defamed, physically assaulted, and then forcibly touched by a police officer. Any asserted privacy interest of third parties must be balanced against my affirmative right to access footage that directly pertains to my treatment by law enforcement and other individuals in a matter of public concern. See North Jersey Media Group, Inc. v. Township of Lyndhurst, 229 N.J. 541 (2017).
3. Legal Compliance Is Still Required
To date, the Department has failed to:
• Produce the full, unedited BWC footage from the moment the officer arrived through my departure;
• Provide any form of redaction or privilege log as required by N.J.S.A. 47:1A-5(g);
• Cite any specific statutory exemption that would lawfully justify the limited production or manipulation of the footage.
Your response amounts to a blanket denial without legal support and appears designed to frustrate public access to records in violation of OPRA.
Final Notice
Unless I receive a full, unedited copy of the BWC footage from April 16, 2025, or a proper and complete privilege log within five (5) business days, I will have no choice but to initiate litigation in the Superior Court of New Jersey, Law Division, Passaic County. I will seek:
• Immediate injunctive relief compelling production of the complete footage;
• An award of attorneys’ fees and costs pursuant to N.J.S.A. 47:1A-6;
• Punitive damages for any willful and knowing violation of OPRA;
• Referral to the Government Records Council and the Office of the Attorney General for further investigation into your office’s handling of this request.
This shall serve as your final opportunity to comply. I strongly suggest you consult with legal counsel.
Govern yourselves accordingly.
Sincerely,
Nicole Gorter
Nicole,
Upon reviewing your OPRA request you mentioned an assault that occurred. This allegation should be reported and the officer taking the report can advise you of complaint of procedures.
Respectfully,
Det. Sgt. Colleen Carver
North Haledon Police Department
103 Overlook Avenue
North Haledon, New Jersey 07508
973-423-1111 Main
973-304-0978 Fax
[email address]
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient of this email, you are hereby notified that you have received this document in error and any review, disclosure, dissemination, copying or distribution of this email or the information contained in it is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email message or by telephone and delete this original message from your email system and/or computer database.
Nicole,
1) The BWC cameras are setup to capture video only prior to activation, therefore the audio was not redacted. The audio recorded at the time of the Officer Chmiel activated his camera.
2) The North Haledon Police Department stands by our position, which has been previously stated. In any event, however, you are not being denied access to any public record as the entire BWC footage has been furnished.
3) The North Haledon Police Department stands by our position, which has been previously stated. In any event, however, you are not being denied access to any public record as the entire BWC footage has been furnished.
Respectfully,
Det. Sgt. Colleen Carver
North Haledon Police Department
103 Overlook Avenue
North Haledon, New Jersey 07508
973-423-1111 Main
973-304-0978 Fax
[email address]
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient of this email, you are hereby notified that you have received this document in error and any review, disclosure, dissemination, copying or distribution of this email or the information contained in it is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email message or by telephone and delete this original message from your email system and/or computer database.