Released Brady Letters Shed Light On Wildwood Crest Police Matter

WILDWOOD CREST – John Paff, on his website, N.J. Open Government Notes, announced Aug. 13 that a case he filed against the Cape May County Prosecutor’s Office had recently settled. 
Paff serves as chairperson of N.J. Libertarian Party’s Open Government Advocacy Project. He filed the lawsuit seeking access to four “Brady letters.”
These letters were the subject of correspondence sent by former Cape May County Prosecutor Robert J. Taylor alerting former Wildwood Crest Mayor Carl Groon to what he described as major problems with two Wildwood Crest police officers, who might be called to testify, who have sustained records of being untruthful in an official capacity.
The subjects of the Brady letters are former Wildwood Crest police officers, Capt. David Mayer and Lt. Michael Hawthorne.
Settlement Agreement
Under the settlement agreement, Cape May County agreed to release original, unredacted versions of the four letters and agreed to pay Paff’s attorney, Richard M. Gutman, $32,000 in legal fees and $514.76 in litigation costs. Responding to the Herald’s request for reaction, Gutman stated, “The voters of Wildwood Crest borough have a right to know why their police captain and lieutenant were forced out of their jobs.”
In a Jan. 1, 2017 written statement provided to the Herald by Hawthorne, which he submitted to the Appellate Court reviewing the matter, Hawthorne noted that he fully supported the release of the communications from Taylor to Groon.
Punished as Whistleblower?
He elaborated, “I believed I was punished for being a whistleblower and providing information that was damaging to two high-ranking officers (Mayer and then-police chief Thomas DePaul) within my former workplace. “I am the only named informant within these four letters. I encourage their release, so any argument that releasing them would then ‘chill’ me from providing further information seems to be a moot point.
“Hopefully, the release of these letters will help restore my reputation as a dedicated public servant for the Borough of Wildwood Crest, where I have lived and worked for over 35 years.
“By issuing a ‘pre-Brady’ letter to me, the Prosecutor’s Office set a precedent that could deter or discourage other officers from disclosing misconduct within their respective departments or agencies.”
“If the letters are released, it will be clear to the public that they are contradictory. The four letters show that Capt. Mayer was issued a ‘pre-Brady letter’ for misconduct and forced to retire. A second ‘pre-Brady’ letter was issued to me, which also resulted in my forced retirement, for merely sharing the information needed to support my allegations of wrongdoing by my superiors. I acted within my duties as a police officer to uncover misconduct, save evidence of the misconduct, and to report it.”
Hawthorne’s statement concludes, “I followed the orders of the borough’s mayor to report my allegations to the Cape May County Prosecutor’s Office, and turned over all the materials that I had collected.
“This information could have easily supported an indictment of Capt. Mayer, and possibly the chief of police, for committing acts of misconduct. In conclusion, the accusations that I reported against the captain and the chief of police were not properly remedied. I, the whistleblower, was punished and forced to retire after a career devoid of any disciplinary issues.
“I believe it is necessary for the public to see all four letters to judge for themselves if the outcome of this matter was correctly handled. It is also important for my friends and neighbors, the residents of Wildwood Crest, to know that I was punished for protecting their tax dollars and the integrity of the Wildwood Crest Police Department.
“The residents of Wildwood Crest deserve transparency and the ability to have faith in their police officers and elected officials.”
Brady Letters
“Brady letters” are used to alert criminal defendants that a police officer who might be called to testify against them has a sustained record of being untruthful in an official capacity and thus the credibility of the officer is called into serious question.
The name is derived from a 1963 U.S. Supreme Court case, Brady v. Maryland, holding that the prosecution has a constitutional duty to disclose material evidence to the defense in criminal prosecutions.
In succeeding cases, this duty was expanded to include impeachment evidence as well as exculpatory evidence.
Failing to turn over this type of evidence can jeopardize the criminal cases as well as form basis for a civil rights lawsuit by the defendant.
The unredacted correspondence to Groon indicated that Taylor would issue Brady letters if either Mayer or Hawthorne were to be witnesses in any criminal proceeding. 
Mayor Informed of Mayer
In the April 15, 2014 correspondence regarding Mayer to Groon, Taylor wrote regarding investigatory conclusions of “serious deceitful and/or untruthful conduct” including inter alia Mayer “knowingly and regularly used commercial vehicles for his fruit/produce truck vending business that failed inspection contrary to motor vehicle laws.
“He forced his employees to violate (laws) by using these trucks” …  and acted dishonestly in securing a vendor’s license from North Wildwood when the ordinance required him to be a ‘farmer’ with at least six acres of farmable land. This allegation is currently subject to a criminal investigation.”
Mayor Informed of Hawthorne
In the April 15, 2014 correspondence regarding Hawthorne, Taylor advised Groon that he was writing to him as Wildwood Crest mayor and director of public safety, referring to “an administrative investigation with regard to Lt. Michael Hawthorne … started when (Hawthorne) came to the Cape May County Prosecutor’s Office with a box of information, DVDs, paperwork, invoices, etc. at the direction of Solicitor Doreen Corino due to the nature of some of the allegations.”
In the correspondence, Taylor noted that criminal prosecution was declined and the matter referred back to Wildwood Crest for administrative action.
Further Advice
Taylor further advises Groon that regarding Hawthorne, “the facts of the investigation reveal the following serious deceitful and/or untruthful conduct” such as “(Hawthorne) knowingly violated Wildwood Crest Police Department rules and regulations, used police department computer networks, payroll records and video systems to investigate his superior …Mayer without proper authorization. He also deceitfully removed police department records from the police department for personal use.”
Hawthorne’s Actions
Taylor continued in the April 15, 2014 correspondence to Groon that Hawthorne “deceitfully copied and saved internal police department video for approximately 100 days or more to document (Mayer’s) arriving and departing the parking lot … as well as hours worked by (Mayer) …” and that Hawthorne “witnessed and participated in a conversation, sometime in 2011 concerning the creating (sic) a false Wildwood Crest Police Department memorandum that was used in litigation.
“(Hawthorne) never reported the alleged criminal activity to the (Prosecutor’s Office) demonstrating clear dishonesty and lack of integrity. This allegation is currently subject to a criminal investigation.”
Prosecution Refused
Regarding Hawthorne, Taylor summed up, “My office has refused to prosecute certain matters where a given officer would be a witness, because of previous false, dishonest and deceitful statements or conduct. In all likelihood that situation would ruin any chance of a successful prosecution and expose the Prosecutor’s Office to ridicule.”
In subsequent correspondence to Groon dated April 25, 2014, Taylor advised him that his office “is declining prosecution regarding Mayer and his alleged actions concerning the creation of a false document regarding civil litigation and also the inappropriate procurement of a license to sell fruit and vegetables in North Wildwood.”
In additional correspondence to Groon dated April 25, 2014, regarding Hawthorne, Taylor stated his office was declining prosecution regarding Hawthorne’s alleged creation of a false document involving civil litigation.
Cape May County Prosecutor Jeffrey Sutherland, Taylor’s successor, referred a Herald request for comment on the settlement to county Counsel Jeffrey Lindsay who represented the county in court in this matter. He did not reply. 
The Herald was unable to reach Mayer for comment as his contact information was unavailable.
To contact Camille Sailer, email csailer@cmcherald.com.