Judge Rules: Prosecutor Must Make Crest’s ‘Brady Letters’ Public

WILDWOOD CREST – Ongoing legal wrangling that has been unleashed by allegations of police corruption in Wildwood Crest and county cover up are not over yet.
State Superior Court Judge Nelson Johnson, sitting in Atlantic City, heard arguments Dec. 11, regarding the Open Public Records Act request of John Paff. Paff, a self-described “public rights advocate” and chairman of the N.J. Libertarian Party.
Paff, who lives in Somerset, is suing for the release of four letters Cape May County Prosecutor Robert Taylor wrote to Wildwood Crest Mayor Carl Groon April 15 2014. These letters are termed “pre-Brady” warnings from a U.S. Supreme Court case Brady v. Maryland (1963 holding that suppression by the prosecution of evidence favorable to an accused who has requested it violates due process where the evidence is material either to guilt or punishment irrespective of the good faith or bad faith of the prosecution.)
In essence, these types of letters inform the parties that the officers involved cannot be called to testify as witnesses in future criminal cases because of their alleged misconduct.
The letters are thought to indicate that two senior-ranking Crest police officers, Capt. David Mayer and Lt. Michael Hawthorne were subjects of the contents. Johnson has ordered Taylor to release the letters.
Johnson has been quoted as saying, “Those letters are filled with meaning that could be helpful to the public in understanding why two high-ranking officers left public office.”
Mayer retired May 1, 2014, shortly after issuance of the prosecutor’s letters. Hawthorne retired Feb. 1 of this year. Taylor argues his letters are confidential and neither the Wildwood Crest Police Department nor the borough has explained the alleged misconduct, which was the subject of these letters.
Although not a named party to the litigation to release these letters, Hawthorne has been explicit as to his position on the matter when he said, in December 2014, “I am proud of the job I have done for the citizens of Wildwood Crest. I saw wrongdoing by a superior and I reported it. I am totally in favor of having these letters made public which will inform the taxpayers of what is a systematic cover-up of misconduct and I have so stated publicly on several occasions including in court.” Taylor and Groon refuse to release the letters saying they are not public records.
In addition to his efforts to have the court make public these letters, Paff also is asking as plaintiff in this suit for the separation agreements between the borough and the two officers. Wildwood Crest has stated it considers these to be confidential personnel records.
“Judge Johnson did a very thorough job and had a very good grasp on the background of the case,” said Paff. “He orally ruled that he would be granting me access to the four pre-Brady letters. Prosecutor Taylor has already indicated that he will appeal Judge Johnson’s decision. I look forward to reading the Appellate Division decision on the matter,” Paff concluded.
Taylor has 30 days to appeal the court’s decision. He did not respond to a Herald request for comment.
To contact Camille Sailer, email csailer@cmcherald.com.