Submission of Evidence to the Evidence and Property Control Unit
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:
Referring to the Documentation mentioned in the Monmouth County Uniform Policy Evidence Procedures Manual, I am requesting a copy of the master Evidence Ledger showing evidence submitted to and removed from the Evidence and Property Control Unit of the Monmouth County Prosecutor's Office only between the Dates of January 29, 2020, through February 5, 2020.
As referenced on Page 8, section III,b,17 of the Monmouth County Uniform Policy Evidence Procedures Manual:
" When evidence is transferred, the transfer shall be recorded along with a signed receipt to establish a chain of custody. This chain of custody shall include the agency information, defendant/victim information, case number, charges or type of crime being investigated, crime date, item number, quantity of items being submitted, and an accurate description of items. The Evidence Custodian shall record the evidence into a master evidence ledger or computerized system."
Yours faithfully,
Bryan Bender
See the attached computerized log for the time period you specified. We do not have a physical master evidence ledger anymore. The victims and witnesses names were redacted because they have a reasonable expectation of privacy and we have a duty to protect that privacy. N.J.S.A. 47:1A-1; Burnett v. County of Bergen, 198 N.J. 408, 425-26 (2009); Victim's Rights Amendment, N.J. Constitution, Article I, Paragraph 22; Crime Victim's Bill of Rights; N.J.S.A. 52:4B-36a; Asbury Park Press v. Ocean County Prosecutor's Office, 374 N.J. Super. 312, 315, 330-31 (Law Div 2004). See also R. 1:38-3(c)(9); R. 1:38-3(c)(12); R. 1:38-3(d)(10).
Acting Assistant Prosecutor Jennifer Lipp
Special Deputy Attorney General
OPRA Custodian of Records
Monmouth County Prosecutor’s Office
132 Jerseyville Avenue
Freehold, NJ 07728
Desk 732-431-7160 x. 8930
-----Original Message-----
From: Bryan Bender <[OPRA #30216 email]>
Sent: Wednesday, March 16, 2022 1:09 PM
To: OPRA <[Monmouth County Prosecutor's Office request email]>
Subject: [EXTERNAL]OPRA request - Submission of Evidence to the Evidence and Property Control Unit
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:
Referring to the Documentation mentioned in the Monmouth County Uniform Policy Evidence Procedures Manual, I am requesting a copy of the master Evidence Ledger showing evidence submitted to and removed from the Evidence and Property Control Unit of the Monmouth County Prosecutor's Office only between the Dates of January 29, 2020, through February 5, 2020.
As referenced on Page 8, section III,b,17 of the Monmouth County Uniform Policy Evidence Procedures Manual:
" When evidence is transferred, the transfer shall be recorded along with a signed receipt to establish a chain of custody. This chain of custody shall include the agency information, defendant/victim information, case number, charges or type of crime being investigated, crime date, item number, quantity of items being submitted, and an accurate description of items. The Evidence Custodian shall record the evidence into a master evidence ledger or computerized system."
Yours faithfully,
Bryan Bender
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