Records on police officers who were disciplined (20230126-2.txt)
Please accept this as my request for government records under both OPRA and the common law right of access. Thank you very much for your commitment to transparent government.
BACKGROUND:
The Township's response to my January 26, 2023 request disclosed that Officer Nicholas E. Cobain crashed his patrol car, apparently while on duty, on the afternoon of April 1, 2020 and was issued summonses, including one for driving while intoxicated. The Winslow Municipal Court, in response to my request of today, disclosed that Cobain's driving while intoxicated and failure to report an accident summonses were dismissed while he was convicted for careless driving.
The first numbered paragraph of my January 26, 2023 request sought "incident reports other than the crash report itself" related to this incident. While the Township's response stated that redacted versions of responsive documents were attached, the 10-page PDF attachment provided only the CAD report (2 pages), the crash report (3 page), the summonses (3 pages) and two other pages dealing with another officer.
It would seem to me that a motor vehicle crash of a patrol car that was driven by police officer who was apparently on-duty and that resulted in the officer being issued an intoxicated driver summons would have generated multiple written reports. Yet, no such reports were disclosed by the Township in its February 9, 2023 response.
RECORDS REQUESTED:
1. All written reports related to Officer Cobain's April 1, 2020 accident and driving while intoxicated charge. Included within the scope of this request are records within Winslow's files even if they were generated by officials not employed by Winslow (example, the Camden County Prosecutor's Office). Those reports would include the observations of the first responding officer.
2. My past experience shows that whenever there is a drunk driving summons or arrest, there are detailed reports showing things such as whether the driver's speech was slurred, eyes were watery, remarking on his or her demeanor, etc. I would all such reports related to Officer Cobain's April 1, 2020 incident.
3. My past experience shows that whenever there is a drunk driving summons or arrest, a breathalyzer test is given to the driver. I would like the reports of all such tests, including blood tests, that were given to Officer Cobain's related to his April 1, 2020 incident.
4. Vehicle dashboard, body worn and other camera footage that captures the scene of Officer Cobain's April 1, 2020 accident and the interactions between Officer Cobain and any other officers, whether at the scene or at a police station and whether the other officers were employed by Winslow or not.
For each record that is responsive to this request but not disclosed, please identify and describe such record and provide the legal basis for it not being disclosed. And, also please redact Daniel's Law information.
John Paff <[OPRA #40028 email]> (via email only)
Dear Mr. Paff,
The Township of Winslow is in receipt of your request pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. dated 2/10/23. The official Records Custodian received your OPRA request on 2/10/23. This response is provided on the 7th business day.
The specific response to your request is as follows:
1. All writtens reports related to Officer Colbian' April 1, 2020 accident
2. Detailed reports related to Officer Colbain
3. Breathalyzer test results and blood test results
4. Body worn Camera and vehicle dashboard camera
Response: We require an extension until 2/27/23 to fulfill this request due to the information sought.
Regards,
Linda L. Kent, RMC
Deputy Municipal Clerk
Township of Winslow
609-567-0700 ext. 8001
John Paff <[OPRA #40028 email]> (via email only)
Dear Mr. Paff,
The Township of Winslow is in receipt of your request pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. dated 2/10/23. The official Records Custodian received your OPRA request on 2/10/23. An extension was until 2/2t/23 was requested on 2/22/23. This response is provided within that timeframe.
The specific response to your request is as follows:
1. All writtens reports related to Officer Colbian' April 1, 2020 accident
Response: Winslow Township written report was disclosed at the original request with the exception of the narrative as it is an investigatory report. Camden County Prosecutor's Office reports are internal affairs reports which are exempt from disclosure.
2. Detailed reports related to Officer Colbain
Response: Winslow Township written report was disclosed at the original request with the exception of the narrative as it is an investigatory report. Camden County Prosecutor's Office reports are internal affairs reports which are exempt from disclosure.
3. Breathalyzer test results and blood test results
Response: Winslow Township written report was disclosed at the original request with the exception of the narrative as it is an investigatory report. Camdeb County Prosecutor's Office reports are internal affairs reports which are exempt from disclosure. Lab reports are criminal investigatory/medical records which are exempt from disclosure.
4. Body worn Camera and vehicle dashboard camera
Response: Link to BWC below.
WINSLOW TOWNSHIP POLICE DEPT. - NJ
Lucas Mitchell (Badge ID: 195) from Winslow Township Police Dept. - NJ (https://winslowpdnj.evidence.com) has sent you a link to download evidence on Evidence.com. After clicking on the link below you will download 1 zip or iso files containing the requested evidence. This download may take a while depending on your internet connection.
Please note that your access to this link will expire on March 5, 2023 16:50:49 (-05:00).
Afterwards, you will need to contact the sender to request access.
Download link:
https://urldefense.proofpoint.com/v2/url...
Sincerely,
The Axon Team
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This completes your request.
Regards,
Linda L. Kent, RMC
Deputy Municipal Clerk
Township of Winslow
609-567-0700 ext. 8001