Young Cha Monahan
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:
Please send your response in PDF format.
1. Copies of any police CAD report(s) with narrative(s), preliminary law enforcement incident report(s), arrest report(s), criminal charge complaint(s), affidavit(s) of probable cause, and indictments against defendant Young Cha Monahan.
I do not know any of the details of the criminal case against Young Cha Monahan.
Judge Lucas- Young Cha Monahan PTI Acceptance 9-21-2020. The assistant prosecutor's name is Kristen Anastos.
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,
Agostino Severiano
Attached please find records responsive to the below request:
Driver's license, social security, and phone numbers are redacted pursuant to N.J.S.A. 47:1A-5(a).
Arrest photo is redacted pursuant to N.J.S.A. 47:1A-9 and Executive Orders 9(e) (Hughes), 69 (Whitman), and 21 (McGreevey).
CAD reports are 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 in part, on other grounds, 220 N.J. 541, 569 n.6 (2017).
A line in the PLEIR and CAD were redacted pursuant to:
information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation, which are exempt under OPRA. N.J.S.A. 47:1A-9(a); Executive Order #47 (Gov. Christie 2010) referring to N.J.C.A. 10A:22-2.3(a)(4); Henry Little v. New Jersey Department of Corrections, GRC Complaint No. 2012-70 (April 2012); Michael Janowski v. New Jersey Department of Corrections, GRC Complaint No. 2012-240 (June 2013) (The Custodian properly concluded that the Complainant’s records request related to “medical, psychiatric or psychological history, diagnosis, treatment or evaluation,” and thus were exempt from production pursuant to OPRA. N.J.S.A. 47:1A-9(a) and N.J.A.C. 10A:22-2.3(a)(4). See also, Leslie Posnock v. Monmouth County Sheriff’s Office, GRC Complaint No. 2006-44 (citing Executive Order 26, paragraph 4(b)1, which “provides that information which discloses the medical, psychiatric, or psychological history, diagnosis, treatment, or evaluation of an individual is not subject to public access.”).
Our file does not contain the indictment; therefore, the request for that record cannot be fulfilled.
Assistant Prosecutor Jennifer Lipp
Director, Family Division
Monmouth County Prosecutor’s Office
132 Jerseyville Avenue
Freehold, NJ 07728
Desk 732-431-7160 x. 8930
Fax: (732) 866-3644
-----Original Message-----
From: Agostino Severiano <[OPRA #16854 email]>
Sent: Monday, September 21, 2020 2:20 PM
To: OPRA <[Monmouth County Prosecutor's Office request email]>
Subject: [EXTERNAL]OPRA request - Young Cha Monahan
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:
Please send your response in PDF format.
1. Copies of any police CAD report(s) with narrative(s), preliminary law enforcement incident report(s), arrest report(s), criminal charge complaint(s), affidavit(s) of probable cause, and indictments against defendant Young Cha Monahan.
I do not know any of the details of the criminal case against Young Cha Monahan.
Judge Lucas- Young Cha Monahan PTI Acceptance 9-21-2020. The assistant prosecutor's name is Kristen Anastos.
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,
Agostino Severiano
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