Pubdate: Tue, 23 Nov 2010
Source: Hunterdon County Democrat (Flemington, NJ)
Copyright: 2010 Hunterdon County Democrat
Contact: http://drugsense.org/url/3yHVqfQj
Website: http://www.nj.com/hunterdon-county-democrat/
Details: http://www.mapinc.org/media/5109
Author: Curtis Leeds, Hunterdon County Democrat
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

HOW MUCH MONEY WAS IN BMW OF A WOMAN CHARGED WITH DRUG CRIMES?

Libertarian Sues Readington Twp. to Find Out

READINGTON TWP. -- An open government advocate has filed suit against
the township for its refusal to give him information he says should be
public.

An attorney representing John Paff, chairman of the state Libertarian
Party's Open Government Advocacy Project, filed the suit in Superior
Court after township officials refused to tell Paff how much money
township police seized in a drug arrest. Paff sought the information
under the state Open Public Records Act and the common law right of
access.

Mayerlyn E. Reyes, who lives in Allentown, Pa., was arrested on Sept.
2 by Readington Township police and charged with possession of
cocaine, marijuana, drug paraphernalia and having a controlled
dangerous substance in a vehicle. "A large amount of currency" was
found in the 2006 BMW she was driving, police reported at the time.

On Sept. 8, Paff requested records that would show how much cash was
found in the car and whether anyone "claimed or abandoned a claim of
ownership to that cash." The township denied his request on grounds
that "'criminal investigatory records' of information deemed to be
confidential" are exempt from disclosure.

Paff filed a second records request on Sept. 13; the township granted
him access to the criminal complaints, but denied his request to see
the township's evidence log, which Paff had hoped would reveal the
amount of money seized by police.

"They steadfastly refuse to tell me how much the cash is. I don't even
know why," Paff said in an interview. Paff's attorney, Richard Gutman,
argues in the complaint that, "The public's need for access to these
records is greater than the township's need for secrecy." In its
denial, the township argued it "cannot risk the integrity of a
criminal investigation by releasing information that is specifically
classified as an exemption."

A hearing on the case is set for the Somerset County Courthouse on
Jan. 18. 
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MAP posted-by: Richard Lake