COURT HOUSE — Cape May County Prosecutor Robert L. Taylor announced Mon., April 25 that Superior Court Judge Nelson C. Johnson, has denied Wildwood Mayor Gary DeMarzo’s demand for return of a video from the Prosecutor’s Office from an incident that occurred in December 2000.
The court ruled the prosecutor was correct in arguing that the video was evidence that was exempt from disclosure under the Open Public Records Act (OPRA) as a criminal investigatory record.
With regard to Plaintiffs common law access argument, Johnson ruled:
“This court finds that given the date of the occurrence on the video, i.e., 10-plus years ago, the release of the video to the city serves little-to-no public purpose. The court is mindful of the fact that in earlier litigation to which he was a party as the plaintiff, the mayor sought access to the video to support his various claims against the city. Some time later, apparently at the instruction of the mayor, the city’s labor council (sic) sought access to the video in connection with the Romeo criminal proceeding,
“The court acknowledges the mayor’s persistence but there is nothing in the city’s pleadings which demonstrates that the incidents of ten years ago, purportedly captured on the video, are relevant to the city’s needs today. This court finds the city’s attempt to review the matter involving Regalbuto and B.L.C. has the potential for mischief.”
Taylor stated, “I am pleased that the court saw through Mayor DeMarzo’s claims that he needed the tape for oversight of the police department and also saw the potential mischief in the efforts to get the tape. Judge Johnson’s findings of fact No. 10 tell most of the story as follow:
“In previous litigation against the city and Regalbuto, the mayor (then a police officer and plaintiff) sought access to this same video as evidence in his suit for damages against the city.”
“Perhaps now the mayor and commissioners will quit wasting taxpayers funds and stop this litigation,” Taylor concluded.
Cape May – Governor Murphy says he doesn't know anything about the drones and doesn't know what they are doing but he does know that they are not dangerous. Does anyone feel better now?
