County Detective Indicted After Unauthorized Investigation of Relative’s Fender Bender

TRENTON – A detective with the Cape May County Prosecutor’s Office was indicted by a state grand jury Jan. 31 for crimes related to an unauthorized investigation he conducted, into a minor accident involving a relative in a Court House parking lot, the state Attorney General’s Office announced. 
Robert P. Harkins, 49, a suspended detective sergeant for the county prosecutor, was indicted on second-degree official misconduct, third-degree tampering with public records or information, and fourth-degree falsifying or tampering with records charges. 
The acting attorney general said Harkins, of Wildwood Crest, was charged as a result of an effort, in December 2019 and January 2020, to identify the driver of the vehicle who left the scene of the accident, involving his relative in the parking lot of a business, before information was exchanged. Defense counsel identified the relative as Harkins’ mother-in-law.
Harkins allegedly did not disclose his investigatory actions as required and instead documented them with an outdated general investigation report, to avoid a review by his superiors, Acting Attorney General Andrew J. Bruck’s office said in a statement.
Harkins also allegedly issued a subpoena to the store the crash occurred outside, and used his affiliation with the county prosecutor’s office to send official requests to state agencies in New Jersey and Pennsylvania. 
Harkins then allegedly provided his investigative findings to Middle Township Police Department, including a 10-page report and file of various documents. 
Defense attorney Andrew M. Smith, representing Harkins, told the Herald he learned of the indictment right after submitting a de minimus motion, claiming prosecutorial discretion was not fairly applied, and that the case should be dismissed.
Middle Township police, who should have been in charge of the accident investigation, advised the prosecutor of the situation and the prosecutor’s office referred the matter to the Office of Public Integrity and Accountability Corruption Bureau after internal investigation.  
An investigation by the New Jersey State Police Official Corruption Bureau and the Office of Public Integrity and Accountability Corruption Bureau led the investigation resulting in the indictment.
The case is being prosecuted by Deputy Attorney General Brian Uzdavinis under the supervision of Bureau Chief Peter Lee and OPIA Deputy Director Anthony Picione.
The second-degree charge carries a maximum sentence of five to 10 years in state prison and a fine up to $150,000.          
Smith called the case an example of prosecutorial overreach and said he plans to vigorously defend his client against the charges. He said he felt, at worst, Harris’ conduct should have resulted in sanctions from his job, not a criminal prosecution. 
Smith said Harkins, who had been represented by lawyer Michael Testa Sr. until just before the indictment was filed, was never offered Pre-Trial Intervention in the case, a diversion program open to certain first-time offenders in New Jersey, which results in a dismissal of the charges with a successful completion of the program.
Smith said he understood any plea deal involved admitting to an indictable offense and the attorney general’s office upgraded the charges after his client denied the initial plea offer. Smith said he will continue to pursue the de minimus motion to have the case dismissed. 
The above is based on information obtained from law enforcement. The above named is considered innocent unless proven guilty.