A former assistant county prosecutor who was suspended and later terminated from his position sued a number of public officials and the State of New Jersey.

In discovery, he sought grand jury materials relevant to his claims. The trial court ordered disclosure.

The New Jersey Appellate Division reversed the order, finding that the attorney failed to establish a particularized need for grand jury materials.

The background

In 2008, under the direction of then-Hunterdon County Prosecutor J. Patrick Barnes, the HCPO began an investigation into the operations of the Hunterdon County Sheriff’s Office (HCSO). In his complaint, plaintiff sets forth a number of allegations regarding Trout’s political connections with the administration of Governor Chris Christie, as well as her connections to Robert J. Hariri, a local business man “active in Republican politics.”

Plaintiff asserts that after the gubernatorial election in 2009, HCPO staff involved in the HCSO investigation personally briefed newly-appointed Attorney General Dow about the investigation. The Hunterdon County grand jury began to hear evidence shortly thereafter. In May 2010, the grand jury returned indictments against Trout, Russo, and Falat, charging each with multiple counts of official misconduct, N.J.S.A. 2C:30-2, and other crimes. Additionally, the grand jury returned a presentment that “discussed non-criminal malfeasance by other employees of the [HCSO] during the tenure of Trout, Russo and Falat.”

Plaintiff alleges that Dow directed Barnes, who was in “holdover” status, to submit his resignation effective May 7, 2010, the same date the vicinage assignment judge had previously set for the release of the indictments. Plaintiff claims Barnes told others that he was removed specifically because of the investigation into the HCSO. Dow immediately appointed O’Grady as acting Hunterdon County Prosecutor pursuant to the Criminal Justice Act, N.J.S.A. 52:17B-97 to -117. Plaintiff alleges that holdover prosecutors in other counties were permitted to remain in their positions, and supersession occurred only in Hunterdon County.

Plaintiff also claims that shortly after the indictments were unsealed, Russo, who was running for sheriff in neighboring Warren County, boasted that the governor would intercede and “‘have this whole thing thrown out.'” The OAG and DCJ also took direct control of the prosecution of the indictments, as well as physical possession of all evidence from the investigation.

The attorney can renew his discovery demands if such need is later shown. (Mike Frisch)