County Detective Accused of Misconduct Seeks Dismissal of Case

COURT HOUSE – A suspended detective with the county prosecutor’s office appeared in criminal court Oct. 28, but was simply given a new date by the judge so that out-of-court negotiations with prosecutors could continue.
Robert Harkins appeared before Superior Court Judge Bernard DeLury Jr. with his third different attorney since the charges were filed. This time it was Meghan Hoerner, who entered the case in August after defense lawyer Andrew M. Smith said Harkins terminated his services. Michael Testa Sr. had also previously appeared for Harkins in the case.
Harkins was indicted by a grand jury in January on second-degree official misconduct, third-degree tampering with public records and fourth-degree falsifying or tampering with records charges. The case stems from an unauthorized investigation he allegedly conducted. 
Smith argued a motion to dismiss the case on de minimis grounds, which was denied by Superior Court Judge Michael Blee in June. However, after Hoerner came on board, she filed her own motion to dismiss and said in court she plans to argue differently than Smith did.
The state put pressure on the defense to make a quick decision at the negotiating table, saying they will offer Harkins a probationary term in exchange for a guilty plea in the case. Once the motion to dismiss is argued though, they will escalate the offer to plea to a second-degree conspiracy to commit official misconduct charge with a recommended sentence of three years in state prison and a consent order to a lifetime ban on working in public office.
“Once this is argued, the offer is just going to be off the table,” Deputy Attorney General Brian Uzdavinis, who is handling the case for the state said in court.
DeLury said the court was prepared to hear arguments, but not rule on a motion to dismiss that day. He suggested the best thing to do might be to hold off on hearing the motion so negotiations could continue. 
“A placeholder today might be the most prudent course of action,” DeLury said in court. 
Hoerner said she is in the process of requesting a meeting with Attorney General Matthew Platkin to discuss any potential resolution. She said in a brief interview after court that she feels the matter should have been handled by internal discipline and not in court. 
The case began after a hit-and-run accident in a Walgreens parking lot, involving Harkins’ mother-in-law as the victim. A Middle Township police officer who responded to the scene was not thorough enough in his investigation to satisfy Harkins, who worked at the Cape May County Prosecutor’s Office. Harkins took the matter into his own hands, according to a previous Herald report.   
Prosecutors allege Harkins abused his power and official resources to do investigatory work that ultimately enabled him to track down the driver he believed to be responsible for the hit and run. 
Harkins turned the material over to police, who then informed his superiors at the prosecutor’s office of his investigation.
Harkins referred comments about the case to Hoerner. A control date for the parties to return to court has been set by the judge for January. 
Thoughts? Questions? Email sroddy@cmcherald.com. 
CORRECTION: A prior version of this article included a typo indicating the investigation initiated by Harkins was authorized. The state is alleging the investigation by Harkins was unauthorized.