N.J. judge rules 911 tapes are public record
By The Associated Press
04.09.02
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DOVER TOWNSHIP, N.J. — A Superior Court judge has ruled that 911 tapes are public record under state law.
The ruling was the first in New Jersey dealing with the public's right to listen to recorded 911 calls, according to the New Jersey Press Association and the Society of Professional Journalists.
"It's going to set the ground rules that those tapes are public records and accessible, and hopefully, that future reporters won't have to go through the litigation now to get those tapes," Thomas J. Cafferty, attorney for both groups, told the Asbury Park Press.
The newspaper filed the lawsuit that led to Judge Eugene D. Serpentelli's ruling. The Press sought tapes of 911 calls made last July by a man who said he was beaten by Lakewood police.
Steven Kelusak, 30, Christopher Spagnuolo, 32, and Joseph Qualiano III, 28, were indicted on charges of aggravated assault, official misconduct, falsifying records and conspiracy.
Kelusak also was charged with hindering apprehension and false swearing, and Spagnuolo with false swearing. Jury selection in their trial began yesterday.
In his opinion ordering the release of the tapes, the judge said "the public's right to know substantially outweighs any claimed need for confidentiality."
But court procedures prevent the tapes from being released until after the officers' trial begins.
Steven Secare, the attorney for Lakewood, said the township would not appeal the decision. The state Attorney General's Office, which wanted the tapes withheld, declined comment.
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