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Bob B

NJ2AS v. NJSP update and court documents

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I been given to understand that this type of generous extension period will help our side if an appeal is necessary, and possibly hurt the state if they have to appeal.

the more rope the Court sells them now, the less grounds they have for Appeal....Judges REALLY HATE having their decisions appealed.

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Here is the thing, does this guide even exist? I asked my local pd and they never saw it.

 

Hey, if they showed it to police, do you realize what kind of peril that would subject us to?

 

Me neither.

 

My interpretation of events so far is this.

 

State says "it's a secret"

 

Judge says tell me why it's a secret.

 

State says because we don't want anyone to know.

 

Judge goes, do you think I'm stupid, you'll need a compelling reason.

 

State says if the bad guys see it the terrorists have won.

 

judge says I'll be the judge of that, I want the document and I want a detailed compelling reason to not disclose it.

 

State ignores but hands over their homework.

 

Judge says OK, I can't imagine why, but I'm going to give you one last chance, knowing full well I have seen the stupid thing, to tell me what is so critically important to keep secret.

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Laying groundwork?

I was being sarcastic... frankly the more the Judge makes them jump through hoops the better down the line. As got it being a Slam-dunk for NJSP, if that was the case the judge would have already done it. It's NOT all that uncommon for Judges to rule against the Police.

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Well, favoritism towards one side is a reversible error, no?

 

It's much more than that. It's an absolute injustice and corruption of the law. I always believed that judges were supposed to be some sort of neutral force for justice, but the past few years living here and hearing about these cases now, I realize that this isn't always the case. I do hope that if this does go to an appeal, we can get some sort of rectification on this matter if they see that the judge was unfairly biased towards the NJSP's side.

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That's essentially what I meant by reversible error. Appeals succeed not because of the facts (those are generally considered set in stone at the initial court level), but because of judicial error, one of which is to show favoritism towards one side or another. There's little wrong for our side (other than taking a little longer time) for the judge to grant a certain amount of leeway to the NJSP. Either he rules for us at the end, and the NJSP argument for appeal is weakened by the extra chances they got; or he rules against us after showing bias towards the NJSP side.

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Wasn't it Sisyphus?

 

I stand corrected.

 

from wiki

In Greek mythology, Atlas (English pronunciation: /ˈætləs/, Greek. Ἄτλας) was the primordial Titan who supported the heavens. Although associated with various places, he became commonly identified with the Atlas Mountains in north-west Africa.[1] Atlas was the son of the Titan Iapetus and the Oceanid Asia[2] or Klyménē (Κλυμένη):[3]

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We should have a definite answer for you guys at the December 3rd meeting in Toms River

 

A definite maybe as is always the case with anything important to our cause in NJ. Or you can get a definite yes as in Fred Madden which magically turns into a resounding no when you need yes the most...

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We should have a definite answer for you guys at the December 3rd meeting in Toms River

 

I would say "We hope to have an answer at the December 3rd meeting in Toms River."

 

Why? Because, again, at the last minute, the judge called for another conference call. On the call, Mr. Rizzo (Deputy Attorney General) asked for another extension to complete the third certification. We objected, pointing out that six months and two certifications is obviously enough and the reason that it is so difficult to provide proof of harm is because releasing the guide would not cause any harm. The judge, while at lease acknowledging this time that we may be correct, overruled our objection, but only gave Mr. Rizzo until December 2nd, and "that's it."

 

In all likelihood, we will want to respond to the certification, so it will likely take a bit longer.

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The NJSP submitted their third certification. I will post it as soon as I get a chance, along with our response. Basically, the third certification is as vague and "conclusory" as the others, with the exception that it has an odd paragraph that lists the things that would create harm if released and then says that the guide contains none of them (very puzzling). So we think that the third certification works in our favor. We have another court appearance tomorrow, Dec 2, at 11:30 AM. We are hoping for a decision, but, as we have found out, these things cannot be accurately predicted.

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