Defendant in private complaint entitled to discovery of records State v. Burke A-0503-22
Defendant appealed orders denying a forensic examination of the complainant's cellphone and discovery of complainant's employment and disciplinary records with the State Police in a quasi-criminal municipal court matter initiated by a civilian complainant. A verbal altercation developed between complainant and defendant. Police officer took statements about an ongoing property dispute. Complainant did not make any mention of traffic violations allegedly committed by defendant. Officer concluded the matter was a "civil issue" and no action was needed. A month later, complainant swore out a complaint against defendant for alleged traffic violations during the dispute. Defendant pled not guilty and requested discovery. Complainant only provided printed images of alleged traffic violations he recorded on his cellphone. State denied defendant's discovery requests as not relevant. Municipal judge entered a protective order barring discovery of complainant's records and employment information and forensic examination of the cellphone. Defendant appealed to the Law Division and State introduced an expungement order for the disciplinary and criminal records requested by defendant. Law Division denied defendant's request. Court reversed and remanded finding the records sought by defendant were relevant to impeachment evidence and State had an affirmative duty to gather and disclose any relevant Brady/Giglio material from State's testifying witnesses. source NJLJ July 19, 2023
