By Frank Mustac, Special Writer
HOPEWELL TOWNSHIP — Mercer County Acting Prosecutor Angelo J. Onofri gave local officials an update on procedures and practices used for investigating and reviewing police use-of-force incidents.
Mr. Onofri used slides prepared by the office of acting Attorney General John Jay Hoffman during his presentation at the Hopewell Township Municipal Building on Monday night before the Township Committee, Police Chief Lance Maloney and officials from Pennington and Hopewell boroughs.
The updated procedures and practices issued by the acting Attorney General on July 28 are known collectively as a supplemental law enforcement directive, which “takes additional steps to ensure independence and transparency,” according to Mr. Onofri.
“Frankly, I think it’s a good document,” he said on Monday. “It’s really a formulation of best practices throughout the state.”
The full text of the supplemental directive in PDF format is available online at: http://www.nj.gov/oag/dcj/agguide/directives/2006-5_SRT_OIS.pdf
The 2015 supplemental directive was a “collaborative process” that was “drafted based on extensive study and collaboration with law enforcement and community leaders.”
Some of the organizations involved in the effort include the Asian Law Enforcement Officers Association; BIC (Black Issues Conference); N.J. Institute for Social Justice; the Latino Leadership Alliance; the NAACP, and NOBLE (National Organization of Black Law Enforcement Executives).
Acting Prosecutor Onofri discussed the two types of investigation and review processes that take place following a shooting or other use of force involving a law enforcement officer.
One type is for any use of force by a municipal police officer. The second type is for any use of force by non-municipal police, such as a county-level officer (county prosecutor’s office investigator, county sheriff’s officer, etc.); state-level officer (State Police, Division of Criminal Justice, Bureau of Parole, etc.); or federal officer (FBI, DEA, etc.)
“Investigations will be the same procedure in every county in the state, the acting prosecutor said.
In the case of a municipal police officer involved in a use-of-force incident, “investigations are overseen and conducted by the county prosecutor and not by the involved municipal police department.”
“The municipal police department that employs the officer who is the subject of the investigation must be walled off from conducting the investigation,” according to Mr. Onofri, and “within 72 hours of any incident, (the) county prosecutor must conduct a comprehensive review for actual or potential conflicts of interest between investigating personnel and the officer being investigated.”
Mr. Onofri also discussed what takes place at the conclusion of an investigation, including a determination by a county prosecutor whether case against a law enforcement officer should be presented to a grand jury; and under what circumstances an investigation is reviewed by the state Division of Criminal Justice and a post-closure public statement is released.
The 2015 supplemental directive, the acting prosecutor said, is a “living, breathing document” that can be amended.
