Myshon D McKinnon- Neptune Township
ASK NJ Media made this OPRA request to Monmouth County Prosecutor's Office This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Monmouth County Prosecutor's Office,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1. Copies of any police CAD report(s) with narrative(s), police incident reports, arrest report(s) criminal charge complaint(s), affidavit(s) of probable cause, and indictments against defendant Myshon D McKinnon.
Date: 05/10/2020
NEPTUNE TWP
w. 20200004181334
*Poss of Weapon for Unlawful
Code: 2C:39-4D
*Unlawful Poss Weapon- O
Code: 2C:39-5D
Please include a Record Index with your response.
*A record index that identifies each record requested and the specific legal basis for a denial of access (including redactions) to each record.
Yours faithfully,
ASK NJ Media Co.
Attached please find records responsive to the below public record
request.
Social security, phone, and driver's license numbers have been redacted
from complaint, affidavit of probable cause, and arrest report, in
accordance with N.J.S.A. 47:1A-5(a).
CAD report is attached, with redactions pursuant to the "criminal
investigatory record" exception, N.J.S.A. 47:1A-1.1., as interpreted and
applied to CAD reports in North Jersey Media Group, Inc. v. Township of
Lyndhurst, 441 N.J. Super. 70, 105-07 (App. Div. 2015), rev'd on other
grounds, 229 N.J. 541, 569 n.6 (2017).
The request for police incident reports is denied pursuant to the
"criminal investigatory record" exception. N.J.S.A. 47:1A-1.1; see North
Jersey Media Group, Inc. v. Township of Lyndhurst, 229 N.J. 541, 569
(2017) (investigative reports and witness statements about criminal
incident "fall within the 'criminal investigatory exception'"); Serrano v.
South Brunswick Twp., 358 N.J. Super. 356-57, 360, 370 (App. Div. 2003)
(affirming dismissal of portion of complaint regarding non-disclosure of
police and EMT reports, on the ground such documents were "criminal
investigatory records").
The request for indictments is denied for lack of responsive record. This
matter was remanded to municipal court on July 29, 2020.