N.J. court: Confidentiality outweighs media's right to disclosure

By The Associated Press

05.29.02

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TRENTON, N.J. — A person's right to confidentiality outweighs a newspaper's right to disclosure, a state appeals court ruled earlier this month in denying a newspaper access to police reports naming people who were never charged.

The decision upholds a state Superior Court ruling that barred The Daily Journal of Vineland from obtaining records that were later used in a grand jury investigation.

The documents stem from a 1996 police investigation into alleged misappropriation of public funds by Vineland's road department. The garage supervisor was accused of ordering parts for his personal vehicle.

Attorneys for the newspaper argued that politically connected people were protected by not releasing the names. The newspaper also said the public needed access to the files to safeguard against future criminal activity and abuse of the taxpayers' trust.

The court, however, in its ruling announced May 17, said that releasing the names is tantamount to an accusation but provides no opportunity for a denial. The court also ruled the reports are inextricably linked with the grand jury testimony, which is confidential.