Independent Prosecutor Directive Under Fire At South Jersey Forum

Walter Hudson is a vocal proponent for proposed legislation that would give the state Attorney General’s Office complete oversight over police-involved shootings.

“Prosecutors need to be out of the process because of how close they are to the officers,” the chairman of the National Awareness Alliance told New Jersey Attorney General Gurbir Grewal during a listening session on police use-of-fore in Bridgeton Wednesday night. “No officers are being held accountable for unarmed shootings.”

Hudson said county prosecutors act more like defense attorneys for officers in police-involved shootings. Bill S1036 proposes having the attorney general handle “the investigation and prosecution” of fatal police-involved shootings. It also proposes holding trials outside the county in which the shooting occurs.

It was combined with its sister bill in the Assembly, where it was approved by voice vote. In the State Senate, it was approved by a vote of 41-34, with one abstention and four not voting, on Dec. 17.

However, Grewal is not in favor of the bill. He says the current Independent Prosecutor Directive, established in 2015, ensures independence, transparency and accountability.

An independent team of prosecutors and law enforcement professionals investigates the police-involved shooting, completely independent of all agencies involved. Within 72 hours of the shooting, it must determine if there are any conflicts and if recusals are needed.

Additionally, all footage captured on officers’ body-worn cameras or dashborad video cameras must be released to the public within 20 days of the shooting.

The case is also presented to a grand jury for indictment. If the grand jury returns a no-bill, and no charges are brought against the officer, the prosecutor’s office covering the officer’s jurisdiction must release information publicly explaining why, using evidence, witness interviews, etc., to support that judgment.

The proposed bill would still require the attorney general to present the case to a grand jury for indictment. For more on the current Independent Prosecutor Directive, click here.

Grewal said it’s dangerous to leave the full investigation in the hands of one office, particularly when the head of that office can change with each new governor.

He also said the first few hours of an investigation are the most important. The prosecutor’s office in the jurisdiction can investigate a scene much quicker than a team from the state can. Multiple police-involved shootings in one day could also present a problem for one office in charge of all investigations, Grewal said.

“If this system’s better, why are officers not being indicted?” Hudson asked.

Thomas Eicher, the Director of the New Jersey Office of Public Integrity and Accountability, said there’s no right number of indictments.

“There might be 13 shootings in one year that are all justified under the law,” Eicher said.

The discussion took place during a listening session launched in the wake of nj.com’s recent reporting on police use-of-force.

Grewal acknowledges that the state must do a better job tracking use-of-force incidents, and holding those involved accountable.

As a result, the Attorney General’s Office is spearheading a collaborative project in which “New Jersey law enforcement leaders are designing a new system to obtain police use-of-force data and ensure meaningful monitoring and transparency of such data,” according to Grewal.

Wednesday night’s session was held in conjunction with Cumberland County Prosecutor Jennifer Webb-McRae, and included the heads of the local police departments. Nearly 20 residents hailing from Atlantic City up to Gloucester Township spoke about this and a range of other topics at Union Baptist Church.

Other topics included police training programs related to cultural diversity and implicit bias, potential marijuana legalization and rights for the state’s disabled residents. Patch will publish stories related to these other topics as discussed in the forum in the near future.

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