Judge will decide this week if Spotswood bodycam footage will be made public

NEW BRUNSWICK – A Superior Court judge will decide this week whether bodycam footage of a meeting between Spotswood Mayor Jackie Palmer and borough police officers two years ago should be made public.

Superior Court Judge Michael Toto on Friday heard oral arguments from attorneys for the borough and Palmer who oppose the release of the footage, and attorneys for Spotswood resident Steve Wronko and Gannett, the publisher of MyCentralJersey.com and the Home News Tribune, who argue the recording should be released.

The recording was made in the course of two April 2022 incidents when police were called to deal with a Black resident allegedly causing a disturbance at the municipal building.

The controversy over the bodycam footage accelerated when Richard Sasso, president of the Spotswood PBA, filed a Superior Court lawsuit on Jan. 15 against Palmer and the borough, alleging violations of the state's Whistleblower Law and other charges.

The recordings, Sasso argues in his lawsuit, illustrate Palmer's "antagonism" toward police and possible inappropriate "racially charged" comments she made about the incidents.

While all the parties agree that the officers violated policy by not informing the mayor that she was being recorded, the legal fight over the 30-minute recording centers on whether it meets the exemptions for release under the state's Open Public Records Act (OPRA).

More: Spotswood chief: Mayor thinks town 'is her own little empire where she can make the rules'

Toto said the public's right to have access to a document is "not absolute" and a legal analysis is necessary before a decision is made whether the material should be released.

Walter Luers, Wronko's attorney, told the judge, that "Spotswood is in crisis," adding that Wronko and other borough residents need to see the recording because they want to be involved in their town and give input at municipal meetings.

CJ Griffin, attorney for Gannett, said "the public deserves to see it," saying there is "a lot of concern about what is happening in Spotswood."

"The public is not dumb," the attorney said.

The borough is facing multiple lawsuits involving the police department and the borough administration. Spotswood's two top police officers, Chief Police Phillip Corbisiero and Acting Capt. Nicholas Mayo Jr., have been suspended.

"The video shines a light," Griffin said.

"We just want the truth to come out," Griffin continued. "I don't understand why the mayor is fighting."

The public "deserves" to see in the tape the context of the tension between the mayor and the police department, Griffin said.

Matthew Moench, attorney for Palmer, and Kathryn Hatfield, attorney for the borough, argued that the tape should not be released because the meeting between the officers and the mayor was not part of a continuing investigation of the incidents involving the man on April 22 and 28.

Hatfield say the meeting was a "debriefing" and they were discussing future security procedures at the municipal building, both matters that fall under the OPRA exemptions.

"I don't think disclosure is the remedy," she said.

Moench said the judge should "balance the interests" whether the recording should be made public.

Moench said the officers "knew they had to notify" the mayor that their bodycams were activated.

And even if the recording were released in a redacted version, Moench said, selective clips could be used "improperly" to "embarrass" the mayor.

"You don't get the full context," he said.

In the video, Moench said, the police officers are not questioning Palmer about the incidents, but rather it was an "administrative" discussion about security strategy.

Sasso, whose lawsuit ignited the legal battle over the recording, was not even present at the meeting with the mayor, Moench said.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: NJ judge to decide this week if Spotswood bodycam will be released