Tuesday, July 03, 2007

SUPERIOR COURT TOLD MUNICIPAL COURT TO DECIDE PBA STANDING

South Amboy court to decide if PBA can intervene in Parikh case
Home News Tribune Online 03/6/07
By RITU JHA (732) 565-7277 STAFF WRITER rjha@thnt.com

MIDDLESEX COUNTY — Superior Court Judge Robert Longhi has left it to South Amboy's municipal court judge to decide whether Edison's Policeman's Benevolent Association local can intervene in the Rajnikant Parikh case.

Parikh is facing disorderly person’s charges stemming from a July 4 illegal fireworks display in Edison. The PBA wants to block the release of the police department's internal investigation records to Parikh's defense attorneys for use during a trial in municipal court.

Longhi, sitting in New Brunswick, left the decision to South Amboy Municipal Court Judge Joseph C. Hoffman on whether he wants to reconsider his earlier ruling that barred the union from intervening as a third party in the case. Hoffman earlier ruled that PBA has no standing in the case.

During the hearing on Monday, Longhi also ruled that the files will not be turned over until Hoffman makes his decision. The files had been scheduled to be turned over today under Hoffman's prior ruling.

The PBA last week appealed to the Superior Court to block the release of the files. PBA attorney Thomas Sciarrabone said, "I am satisfied and we are going back to the municipal court." Sciarrabone said that Longhi gave the PBA 10 days to submit its application for reconsideration to Hoffman. "I am hopeful the decision will go in PBA's favor," he said. However, Sciarrabone added that, if Hoffman denies the motion again, the PBA may again appeal the decision.

The PBA wants to block the release of the files because the files contain confidential reports, PBA President Michael Schwarz has said.

Parikh's attorneys Paul Brickfield and Ravinder Bhalla, who attended the Superior Court hearing, said they expect to get the records. Brickfield noted that it's been seven months since his client was jailed and now the case will he delayed further because of the PBA's appeal of Hoffman's initial ruling. "Full disclosure of the files is best for the community," Brickfield said.
Judge Longhi a die hard old Democrat & always a friend of Police ignored Prosecutor Ronald Abramowitz who appeared against Parikh on behalf of State and said “PBA has no standing.” Judge ignored Federal & State precedents outside 3rd party can’t intervene in criminal trial and in 1974 President Nixon could not stop the release of Internal Investigation (IA) files.

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