Thursday, July 05, 2007

POLICE UNION TO BLOCK FILES TO BRUTALITY VICTIM

THE HOME NEWS TRIBUNE Feb. 27, 2007

Middlesex County

PBA SEEKS TO BLOCK RELEASE OF FILES

By RITU JHASTAFF WRITERrjha@thnt.com

EDISON — The Police Benevolent Association will ask a higher court to stop the release of police internal investigation files to the defense attorney for Rajnikant Parikh after being denied a similar request in municipal court in South Amboy last week.

"We disagree with the judge's statement," PBA President Michael Schwarz said about the decision by South Amboy Judge Joseph C. Hoffman ordering the release of the files. Schwarz said the internal investigation files should not be released because they are confidential.

On Feb 13 Hoffman asked Edison to submit the complete file of its investigations of the July 4 and Aug. 2 incidents that led to the arrest of Parikh on various charges, including resisting arrest and rioting. Hoffman ordered the files be given to Parikh's attorney under the terms of the ruling.

Last week, the PBA asked Hoffman to reconsider his decision.

"PBA wants me to reconsider my decision for production of the discovery (of the files)," Hoffman said. Hoffman said he denied the motion to reconsider the decision because the PBA has no standing in the case.

The PBA, which had not been formally involved in Parikh's case, is now intervening, according to a letter Hoffman said he has received from the PBA.

The PBA now plans to appeal Hoffman's decision to Superior Court.

Parikh is being held at the Middlesex County Adult Correction Center in North Brunswick, pending a deportation order. He was arrested by patrolman Michael Dotro during an unscheduled July 4 celebration on charges of aggravated assault on a police officer, resisting arrest, rioting and failure to disperse. The charges were later downgraded to disorderly charges by the Middlesex County Prosecutor's Office.



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