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Mercer County Prosecutor's Office Units
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The Appellate Unit is responsible for representing the State in appeals from convictions obtained by this office that the state Division of Criminal Justice elects not to handle. The Unit is also responsible for conducting Excessive Sentence Oral Arguments before the state Appellate Division. It is the mission of this Unit to aggressively defend those convictions obtained by this office after a trial or guilty plea. The Unit is centralized with one attorney working as a primary assignment and other attorneys working as secondary assignments to complete practically all appellate matters undertaken by the office. The Unit’s supervising attorney oversees appellate research, including use of computerized legal research, and is available to conduct, or assist in, research projects for other members of the staff. The supervising attorney also handles emergent applications, such as interlocutory appeals. The attorneys who work in the Unit are responsible for handling the writing of appellate briefs and any oral argument before the state Appellate Division and state Supreme Court.
The Arson Unit is responsible for the prosecution of a variety of criminal offenses that meet the general definition of arson. These include: purposely starting a fire or causing an explosion that endangers life or property, or for the purpose of collecting insurance; arson for hire; and failure to report or control a fire. In addition to prosecution, the Unit also provides a broad range of investigative assistance to local law enforcement agencies including in-depth fire scene investigations, legal support for subpoenas, court orders and search warrants, as well as conducting witness and suspect interviews. Two assistant prosecutors are assigned to the Unit on a secondary assignment basis. These attorneys "vertically" prosecute the more complex cases, handling these matters from initial response to a fire scene, through grand jury presentation to ultimate disposition by plea agreement or trial. A Sergeant of Detectives commands the investigative staff of the Unit, comprised of three Detectives and one Agent assigned to an on-call team available to local police and fire departments to conduct investigations of fatal fires, major fires and fires of undetermined cause and/or origin. The detectives assigned to this unit meet or exceed the qualifications of NFPA 1033, the Standards and Professional Qualifications for Fire Investigators (www.nfpa.org) and are members of the International Association of Arson Investigators. (www.firearson.com)The unit is the only prosecutor’s office in the state to have two fire investigators certified by the International Association of Arson Investigators.
The
Bias Crime Unit is committed to the prevention of bias crimes and the
improvement of law enforcement’s relationship with the community.
The Unit works directly with local, state and national police
agencies to apprehend and prosecute bias crime offenders.
The Unit also acts as a liaison between law enforcement and
community groups that have an interest in bias incidents ensuring that the
lines of communication are open.
Two
assistant prosecutors and two detectives staff the Unit as secondary
assignments.
Bias
incidents are reported to the prosecutor's office by various methods, but
most commonly through the Bias Incident Offense Report.
When a police agency investigates an actual or potential bias
crime, a report summarizing the salient aspects of the incident must be
filed with the state Attorney General's Office and county prosecutor's
office no later than 24-hours after the offense was reported so that all
appropriate personnel may respond promptly.
Members of the community regularly report bias crime offenses
directly to the prosecutor’s office via telephone calls, letters and
in-person complaints. Upon
receipt of such a report, the Unit immediately initiates an investigation.
Despite the method by which a bias incident is reported, an
assistant prosecutor reviews each investigation and determines the
appropriate course of action. On many occasions, investigations by the Bias Crime Unit reveal that particular incidents do not constitute offenses proscribed by our criminal statutes. In these instances, members of the Unit refer the aggrieved parties to appropriate community organizations for assistance. One such organization is the Mercer County Human Relations Commission, originally formed in 1992. The members of the Bias Crime Unit have actively supported the commission in realizing its goals of decreasing bigotry and promoting tolerance for individual differences.
CHILD
ABUSE/SEXUAL ASSAULT UNIT
The
Child Abuse/Sexual Assault Unit is responsible for all cases involving the
physical abuse of children and the sexual assault of both children and
adults referred to the Mercer County Prosecutor’s Office for
investigation and prosecution. Detectives
in this unit conduct any necessary follow-up investigation on cases
referred by local police departments or social agencies, as well as
initiate their own investigations. Assistant
prosecutors assigned to the unit screen, indict and prosecute all referred
and original investigations.
The
mission of the Child Abuse/Sexual Assault Unit is three-fold: (1) to
promote the effective investigation and successful prosecution of child
abuse and sexual assault cases; (2) to provide victims and their families
with guidance and support throughout the investigation and prosecution of
their cases; and (3) to educate the community about the prevention and
prosecution of child abuse and sexual assault crimes. The unit consists of three assistant prosecutors as a primary assignment (one of whom is chief of the unit) and four detectives. A sergeant and a lieutenant oversee the investigative function of the unit.
The
Child Abuse/Sexual Assault Unit is located in the Child Advocacy Center,
which is a safe, comfortable place apart from the courthouse where
children who have been sexually or physically abused can be interviewed in
a child-friendly atmosphere. A safe, comfortable area for adult sexual assault victims is
provided in the center as well. Interviews
are conducted by law enforcement officers specially trained to interview
children and adult victims of sexual assault.
All interviews of victims of sexual abuse under the age of 12 are
videotaped, eliminating the need for repeated interviews by other agencies
involved in the case. Such
investigations are a joint effort among the prosecutor’s office, the
municipal police departments and the state Division of Youth and Family
Services (DYFS), and are conducted in a manner that is also sensitive to
the non-investigative needs of these cases.
Often, the child and the non-offending parent or guardian are
referred to crisis intervention, medical services, mental health services
and victim advocacy.
The
Child Advocacy Center also houses the Multi-Disciplinary Team (MDT)
coordinator. The Mercer
County MDT was established as an investigatory and case management team to
process criminal child sexual abuse and child physical abuse cases.
The goal of the MDT is to improve the rate of prosecution, limit
the number of victim interviews and provide necessary services to victims
of child sexual assault and abuse. The
primary function is to provide case supervision from initiation of a
criminal or civil investigation through evaluation and treatment of the
child and family and final disposition of the case.
Team members are drawn from professionals in the fields of law
enforcement, child protective services, mental health, victim services and
medicine. The MDT coordinator
ensures that appropriate team members are assembled for each case
scheduled for review.
Investigations
are conducted jointly between law enforcement and child protective
services as set forth in a joint investigative protocol entered into by
the prosecutor and DYFS and issued by the prosecutor.
These investigations are later examined by the MDT through initial
and periodic reviews to identify and resolve issues concerning not only
investigation and prosecution case needs, but also child protection
requirements, including treatment and support for the victims and their
families. A separate Juvenile
Multi-Disciplinary Team, established in 1996, continues to handle the
increased reporting of juvenile perpetrators of child sexual abuse.
This team has the dual role of addressing the issues and needs of
both the victim and the juvenile offender.
Since
the Child Abuse/Sexual Assault Unit is involved in a highly sensitive and
specialized area that requires its assigned personnel to be well-trained
and motivated, members must continually update themselves on changes in
case law, new investigative techniques and procedures, and the latest
developments in the psychological aspects of dealing with victims.
In
order to ensure that child abuse and sexual assault cases are handled
properly, the Child Abuse/Sexual Assault Unit operates on a 24-hour-a-day
basis, with an assistant prosecutor and detective on call at all times.
Whenever a sexual assault is reported to one of the municipal
police departments or to the state police in Mercer County, the on-call
detective is notified. Until
July 15, 2002, if the facts indicated that forensic evidence could be
recovered, the on-call detective reported to Robert Wood Johnson
University Hospital at Hamilton, where an emergency room physician
performed all sexual assault examinations. The physician collected specimens for submission to the New
Jersey State Police Laboratory for analysis.
On
July 15, 2002, the Sexual Assault Nurse Examiner/Sexual Assault Response
Team (SANE/SART) program was implemented in Mercer County.
The Sexual Assault Response Team is made up of three professionals
who, at the victim’s request, work together to assist the victim through
the aftermath of a sexual assault. The
victim may choose to go to either of the three SART hospitals in Mercer
County; Capital Health System, Fuld Campus, Capital Health System, Mercer
Campus, or Robert Wood Johnson University Hospital at Hamilton.
The members of the SART include a rape care advocate from
Womanspace, a sexual assault nurse examiner and a law enforcement officer. The specially trained sexual assault nurse examiner (SANE)
conducts the entire forensic examination and evidence collection at the
hospital and also offers medications to prevent sexually transmitted
diseases (STDs) and pregnancy related to the assault.
The victim is not billed for the exam or the medications.
SART members provide emotional support, medical treatment, evidence
collection and investigation of the incident.
SART services are available 24 hours a day, 365 days a year.
For more information about SART and/or sexual assault services in
Mercer County, call Womanspace’s 24-hour hotline at (609) 394-9000.
The
on-call detective often assists the municipal police in the initial
investigation. The local
agency and the unit detective jointly handle follow-up investigations,
which may include taking statements from witnesses, compiling physical and
photographic line-ups, and collecting additional physical evidence of the
crime. An assistant
prosecutor is available 24 hours a day for legal advice.
The
Child Abuse/Sexual Assault Unit employs a vertical prosecution method.
Cases are assigned to a designated assistant prosecutor during the
initial investigation. That
assistant prosecutor meets with the victim and the victim’s family prior
to grand jury presentation, personally handles the case presentation to
the grand jury, and remains assigned throughout all stages of prosecution. In order to ensure that a victim’s emotional needs are met throughout the criminal justice process, the Child Abuse/Sexual Assault Unit cooperates with Womanspace, which offers both counseling and support to sexual assault victims and their families. Additional counseling referrals are arranged through the victim witness coordinator of the prosecutor’s office.
In recognition of the Legislative intent underlying the prevention of domestic violence statute, and the special needs of victims of this type of abuse, the Unit seeks to afford maximum protection to victims of domestic violence and to hold batterers accountable for their actions. To reach this goal, the Unit prosecutes cases vertically, seeks to pursue matters despite uncooperative or unavailable victims, provides victims with support prior to, during and after disposition of cases, and educates the community in the dynamics of domestic violence and its prevention. To promote the effective and speedy disposition of domestic violence cases, all complaints are screened upon receipt in the office to determine whether downgrade and referral to Municipal Court or Family Court is warranted. The cases not referred to other courts are either presented to the Grand Jury or handled through the pre-indictment conference program. Use of the pre-indictment conference program affords the opportunity for a swift yet appropriate disposition. The Unit is comprised of two assistant prosecutors and two detectives. In addition to prosecuting indictable violations of restraining orders, the Unit is also responsible for prosecuting crimes of domestic violence ranging from attempted homicide to burglary and terroristic threats regardless of whether a restraining order is in effect. The Unit also handles forfeiture or return of firearms and other weapons seized during the investigation of domestic violence incidents. To determine whether the weapons should be returned to their owners or forfeited, a detective and an assistant prosecutor assigned to the Unit review the circumstances of the seizure, speak to the victims and witnesses and review the owners’ criminal records. Should a determination be made that weapons will be forfeited, the appropriate motion is filed with the court. In addition to the day-to-day legal work accomplished by the Unit, the attorneys also take part in a wide-range of community service projects aimed at curbing domestic violence. Over the last year, members of the Unit have spoken about domestic violence on radio, at local schools and to community organizations. The Unit is also responsible for training local police departments in domestic violence prevention and response. The training covers such issues as the importance of taking statements from those present at the scene of a domestic violence matter, spotting defensive wounds, weapons forfeiture and the procedure used to help a victim obtain a domestic violence restraining order.
The Economic Crime Unit aggressively pursues allegations of fraud
characterized by complex methods of deception and unlawful concealment.
The Unit has the responsibility of investigating and prosecuting a
broad range of illegal financial schemes, more commonly referred to as
“white collar crime.” All
varieties of nonviolent crimes committed for financial gain are subject to
scrutiny. Specifically, the
Unit is focused on fraud-based crimes, including theft by deception, theft
by wrongful disposition, forgery, issuing bad checks, commercial bribery,
embezzlement, and insurance fraud. The
Unit also bears the responsibility of prosecuting public corruption,
official misconduct and attorney fraud.
Numerous investigations have been undertaken involving governmental
officials and employees at the county and municipal levels. Experience has shown that citizens do not hesitate to identify suspected fraudulent activity in their community. Often, it is necessary to conduct detailed and complex investigations into equally complex financial crimes. Unit personnel conduct meetings with all municipal police departments to address relevant economic crime issues and attempt to facilitate communication between municipalities. The Unit also works closely with federal, state and county agencies, including the United States Secret Service, United State Immigration and Naturalization Service, United States Department of Agriculture, New Jersey State Police, New Jersey Division of Taxation, New Jersey Department of Labor, and the New Jersey Division of Criminal Justice. The legal staff of the Unit is comprised of one assistant prosecutor who serves as unit chief and three secondary assignment prosecutors. The investigative staff includes three detectives. Given the complex nature of economic crime, the Unit conducts vertical prosecutions that ensures, whenever possible, continuity from the inception of a case through its final disposition.
The goal of the Environmental Crime Unit is to promote the health and safety of the public through the enforcement of criminal statutes codified under the State’s numerous environmental acts. The Environmental Unit consists of one assistant prosecutor and one detective who serve the unit as a secondary assignment. The Unit investigates and prosecutes all environmental cases that originate in Mercer County. The Environmental Unit works closely with local law enforcement agencies whenever an issue arises within the municipalities. In most instances, local law enforcement officers are the first to discover or receive a complaint concerning an environmental hazard. Thereafter, Unit personnel review the circumstances surrounding the discharge of any contaminants and determine whether the incident constitutes a criminal violation. In recent years, most of the Unit’s environmental contamination cases have been linked to equipment failures, which resulted in the discharge of regulated substances.
The
mission of the Mercer County Prosecutor’s Office Extradition and
Fugitive Unit, working in conjunction with the Mercer County Sheriff’s
Department as well as other law enforcement agencies both nationwide and
internationally, is to apprehend fugitives from justice.
The Unit addresses outstanding bench warrants, arrest warrants and
warrants of indictment.
The
Unit is comprised of five people. There
is one primary assignment detective and one detective who work in the Unit
as a secondary assignment. In
addition, three Assistant Prosecutors staff the Unit.
When
individuals within our jurisdiction are wanted in another state, the
requesting state contacts the Unit. In
order to accomplish the return of these individuals to the states where
they are awaiting prosecution, certain criteria must be met. While some
individuals simply choose to waive extradition proceedings and voluntarily
return to other states for prosecution, many individuals challenge
extradition. In such cases,
the Unit must contact the requesting state and coordinate the issuance of
Governors’ requisition and rendition warrants.
Procuring these specialized warrants allows the county to transport
individuals over state lines for the purposes of prosecution.
Without the Governor’s approval on these cases, extradition
cannot be accomplished.
In
cases when individuals choose to waive extradition, a Governor’s Warrant
is not necessary and the requesting agency simply transports the fugitive
back with approval of the Court. When
a person who is being extradited still has matters pending in Mercer
County, the pending matters are usually resolved prior to extradition.
If it is necessary to extradite an individual prior to a case being
resolved, the Unit confirms that necessary detainers are filed in order to
assure the return of the defendant.
In
addition to dealing with extraditions to other states, the Unit is also
responsible for bringing fugitives located in other states back to Mercer
County for prosecution. As is
the case when fugitives are extradited to other states, in order to
guarantee that fugitives are properly returned, Governor’s Warrants or
extradition waivers are required. In
order to obtain a Governor’s Requisition Warrant, the Unit must complete
paperwork including affidavits, fingerprint analysis, certified
indictments or complaints as well as certified warrants.
Often
fugitives are serving sentences in another state.
In that case, the Interstate Agreement on Detainers is used to
facilitate extradition back to Mercer County.
By virtue of the agreement between the party states, expeditious
transfers are made possible. The
Extradition and Fugitive Unit simply completes the necessary paperwork,
which includes affidavits and certified documents, and then tracks the
case to make sure that time limits imposed by the Interstate Agreement
statute are met. A missed
deadline results in the dismissal of the pending charges.
Besides
dealing with the actual extradition of the fugitives, detectives assigned
to the Unit regularly search for fugitives from our jurisdiction both
within the state and outside its borders.
Those fugitives who are found within the county or state are
arrested and returned to custody to face their pending charges.
Those fugitives who are discovered outside of New Jersey are
arrested and extradition proceedings are initiated in Mercer County.
The location and arrest of fugitives out of the area is
accomplished with the help of other law enforcement agencies that lend
support and manpower to our searches.
Before beginning any search for a fugitive, the case is reviewed to
determine whether prosecution will still be possible once the person is
captured.
In
reviewing files, it is also this Unit’s responsibility to make sure that
any warrants issued and entered into NCIC are labeled with appropriate
geographic parameters for extradition.
Such decisions are made by an assistant prosecutor after reviewing
the files and must be made prior to entry of warrants into NCIC.
These levels are reviewed regularly in order to ensure that they
remain appropriate. The Unit is also involved in enforcing witness subpoenas under the Interstate Agreement to Compel the Attendance of Out-of State Witnesses. Four such requests were made by prosecution agencies in other states. Upon receipt of a request, the Unit’s assistant prosecutor must present a petition to the presiding judge of the Superior Court Criminal Division setting forth the facts of the out-of-state matter, the need for the witness, the date and time the witness is required for testimony, and the arrangements that have been made to transport the witness to and from the requesting state. The Court then issues an Order to Show Cause that provides the subpoenaed witness an opportunity to explain why the subpoena should not be enforced. Following the hearing on the Show Cause Order, the Court issues an order compelling the witness to present themselves for testimony at the out-of -state matter. Failure to comply with the Court’s order results in arrest for contempt. In order to further the goals of the unit, the Mercer County Prosecutor’s Office is a part of the Central Jersey Task Force, a group made up of the U.S. Marshall’s Service, the New Jersey State Police Fugitive Unit, and this office's Fugitive Unit. Working as a task force allows all parties to more easily locate fugitives and safely return them to the jurisdictions requesting their presence. By joining resources, all members of the task force benefit as do the people of Mercer County and the surrounding jurisdictions. Finally, this year the primary assignment of the detective to the Fugitive Unit of the Mercer County Prosecutor’s Office was sworn in as a Special Deputy U.S. Marshall. This sworn service allows the detective to work with the U.S. Marshall’s Service in locating our fugitives outside the boundaries of Mercer County and New Jersey.
The Family Court Unit is responsible for prosecuting all juvenile
petitions and non-indictable domestic violence contempt citations. Three
assistant prosecutors, one detective, one agent and two secretaries staff
the Unit as their primary assignments. The Unit is also assigned two
support staff members from the Office of Victim Witness Advocacy. During the second half of 1998, a new waiver screening policy for significant cases was established to ensure that applications for waiver are filed in all appropriate cases. This procedure, which is, a more structured and formal recommendation and review process requiring final review and approval by, the Deputy First Assistant Prosecutor and then the Prosecutor, has substantially increased the scope of review and punishment for our worst offenders. Numerous cases have been reviewed under this new screening policy.
Under New Jersey law, police are empowered to seize and forfeit currency, motor vehicles, real property, and other assets that are derived from criminal activities or that were used to facilitate crime. The goal of the Forfeiture Unit is to ensure that criminals do not profit from their crimes. The Forfeiture Unit consists of four assistant prosecutors as a secondary assignment and one agent as a primary assignment. The Forfeiture Unit works closely with law enforcement in order to coordinate pre- and post-seizure planning. Most forfeiture cases arise from narcotic investigations, which have been initiated by various law enforcement groups, including all of the municipal police departments in the county, the Sheriff’s Department, the State Police, the Federal Bureau of Investigation, the Drug Enforcement Administration, and this office’s Special Investigations Unit. In addition to narcotic cases, this office has instituted forfeiture actions arising out of other crimes, including armed robbery, murder, and fraud. Several seminars were held in conjunction with local law enforcement to train municipal officers in the ever-changing field of forfeiture law. An ever-evolving area of forfeiture practice is emerging from enforcement of the money laundering statute N.J.S.A. 2C: 21-25. This is an area that normally leads to the seizure of large amounts of money. There has been a continuous increase in cases in which individuals attempt to hide assets to disguise the true ownership of seized property. These cases require thorough investigation. Examples of these types of assets include bank accounts, maintained by drug dealers, which the State confiscates as proceeds of illegal activity; and automobiles purchased and maintained by drug dealers, but which are registered in the name of a “straw” owner in order to avoid detection by law enforcement authorities. The Unit’s agent works with local law enforcement to uncover these concealed assets. This agent is also responsible for serving forfeiture complaints upon the person whose rights in the particular property the State seeks to forfeit. In addition, the agent must track the status of cases, prepare affidavits, default judgment orders, lis pendens, seizure orders, and arrange for the transfer of titles of seized vehicles. The Unit’s assistant prosecutors are charged with the responsibility of reviewing cases to assess whether seized assets are forfeitable under N.J.S.A. 2C: 64-1 et. seq., filing complaints, and resolving cases by way of settlement or trial. These assistant prosecutors are also available to assist law enforcement officers in obtaining seizure orders for various types of property. Since the prosecution of forfeiture cases is civil in nature, the assistant prosecutors in this Unit must become familiar with civil case law and the rules of civil procedure. This distinguishes forfeiture attorneys from other assistant prosecutors. The vast majority of forfeiture cases are resolved either through settlement or by default judgment. Forfeiture funds have been used for a wide range of law enforcement purposes, including the purchase of electronic surveillance equipment, motor vehicles, a portable lifesaving unit and training.
The purpose of the intake and screening components of the office is to
ensure those cases with indictable charges are appropriate for prosecution
at the Superior Court level. In order to accomplish this, the Unit screens
or diverts cases that can be more quickly and appropriately resolved at
the Municipal Court level. The
nature of the offense, surrounding circumstances, quality of the evidence
and the character of the defendant are considered in making the screening
decision. The assistant prosecutor performing this important screening
function can either administratively dismiss the charges, downgrade the
charges to non-indictable offenses, or downgrade the charges and refer the
case to the Remand Program, which was established in late 1998.
By performing this type of early case screening, cases can be
appropriately diverted before they are physically referred to the
prosecutor’s office, thereby avoiding the waste of time, energy and
precious resources. Cases
that are not diverted in this manner are further screened as being either:
suitable for the Pre-Indictment Conference (PIC) program; appropriate for
assignment to one of the specialized prosecution units within the office;
or ready for grand jury preparation.
The
Mercer County Prosecutor’s Office continues to provide on-site municipal
case screening in all 13 municipalities thereby creating greater
uniformity in the earliest stage of case screening.
Consistent
with our long-standing practice, an assistant prosecutor visits the
Trenton Municipal Court each day to review the morning indictable docket
for possible downgrades and administrative dismissals. In 1998, members of
our office started visiting every Mercer County municipal police
department at least once a week as well. This procedure has brought
uniformity between screening decisions of cases arising out of Trenton and
those arising out of the suburban municipalities. Not only has this
procedure improved case screening, but also it has had the added benefit
of bolstering the goodwill between the prosecutor’s office and the local
police departments and municipal courts.
The
Remand Program continues to be a valuable case screening option. When a
decision is made to downgrade an indictable charge, a determination is
made whether this office will retain prosecutorial jurisdiction in the
Municipal Court or whether the matter will be referred to municipal
prosecutors. Those matters that continue to be prosecuted by this office
are assigned to the Remand Program. Cases that are selected for this
program are those that may not lend themselves to prosecution in the
Superior Court but are of significant importance so that the full
resources of the county prosecutor's office are brought to bear on the
municipal court prosecution. During the year, 40 cases were resolved
through the Remand Program.
PIC
(PRE-INDICTMENT CONFERENCE)
PIC
cases are generally those in which the defendant has little or no record
and has committed third-or fourth-degree crime. The goal is early
disposition, either through a diversion into Pre-Trial Intervention (PTI)
or a negotiated sentence after a guilty plea to an accusation.
Also, in accordance with the Brimage guidelines of the New
Jersey Attorney General, all school zone drug cases are calendared for PIC
when it is appropriate to extend a pre-indictment plea offer.
The early resolution of cases through PIC is essential to
controlling both pre-indictment and post-indictment backlog of cases. This
has the added benefit of enabling limited prosecutorial resources to focus
more directly on the more serious cases. PIC court is held every Thursday before the Presiding Judge Criminal Part. Prior to the actual court appearance, a pre-indictment plea offer is communicated to the PIC coordinator of the Criminal Case Manager’s Office, who in turn relays the offer to the public defender or private counsel representing the defendant. Those defendants who indicate an intent to accept the plea offer are scheduled to appear in the PIC court on Thursday of the same week in order to enter their pleas. The cases of those defendants who reject the plea offers or who do not appear at a scheduled PIC hearing are immediately referred to the Grand Jury Unit for preparation.
HOMICIDE UNIT
The Homicide Unit is comprised of a combination of assistant
prosecutors and county detectives. A
senior assistant prosecutor is designated as the Unit chief and has
day-to-day responsibility for the legal affairs of the Unit.
A lieutenant and sergeant of county detectives is responsible for the daily
supervision of the five county detectives assigned to work in the Unit.
Overall responsibility for the investigative side of the Unit falls
under the command of a captain of county detectives, while a deputy first
assistant prosecutor supervises the attorneys.
The
Unit is responsible for the vertical prosecution of all homicides,
attempted homicides, cases and certain cases specially
assigned by the Prosecutor. Local
police departments are required to notify the on-call homicide detective,
who then responds to all cases that fit into the above categories as well
as to all suicides, drug overdoses, and sudden deaths. Considerable investigative and attorney resources are utilized for the lengthy and difficult preparation necessary for both grand jury and trial presentation of these cases. Having the prosecuting attorney assigned from the onset allows for the input of legal guidance at the earliest possible stages. The cooperation between attorney and investigative personnel from the outset of the case has resulted in an extraordinarily high conviction rate of indicted defendants over the past several years.
The Identification Unit provides photographic and identification services to all local police agencies within Mercer County and to the Prosecutor and investigative staff of the Prosecutor’s Office. Utilizing a central computerized criminal history terminal, the Unit provides updated criminal history records on all defendants and, when necessary, current addresses and photographs. These items are forwarded to various units within the Prosecutor’s Office and to requesting police departments within the county. The Unit also houses a color and digital photographic laboratory. Mug shots are on a digital photographic service that is available to all 12 police departments within the county. Photographs are developed, printed and returned to the submitting police departments. One day service is available and when necessary, film can be processed and returned for use in one hour. A Chief Identification Officer, who supervises the unit, a Senior Identification Officer, a Senior Forensic Photographer, and one clerical support person, staffs the Unit. The ID Unit is on 24-hour call for crime scene photography and evidence collection. During the trial preparation phases of cases, the Unit’s staff is available for any additional photography requested by assistant prosecutors and for preparing demonstrative trial aids and exhibits.
The Insurance Fraud Unit was created in January 2000 and is responsible
for the investigation and prosecution of a variety of criminal offenses
that fit the general description of Insurance Fraud.
Each case that is handled by this unit includes some type of
misrepresentation to law enforcement and/or an insurance carrier by any
person for personal gain at the expense of insurance companies in the
first instance and then, the community at large when we are forced to pay
higher premiums due to such criminal activity. Falsely reporting a car stolen for insurance proceeds,
presenting a fraudulent insurance card and artificially inflating the
value of an insurance claim are just some of the criminal acts that the
unit would investigate and prosecute.
Additionally, the Unit seeks to promote a collaborative effort
among law enforcement, the community, insurance carriers, the Insurance
Fraud Prosecutor for the State of New Jersey and the Mercer County
Prosecutor’s Office to combat any type of insurance fraud detected in
our County.
One
Assistant Prosecutor, two detectives and one secretary are assigned to the
Unit. On many occasions, investigations by the Insurance Fraud Unit reveal that particular acts do not constitute criminal offenses or do not meet the standard of proof required by our criminal statutes. In these instances, the matter may be referred to the State Insurance Fraud Prosecutor for civil action or to the affected insurance carriers for whatever action they deem appropriate.
In
the wake of the murder of 7-year-old Megan Kanka of Hamilton Township by a
convicted sex-offender, the Governor and Legislature responded with the
passage of the Registration and Community Notification Laws, N.J.S.A. 2C:
7-1 et. seq., more commonly known as Megan’s Law.
Megan’s Law creates a sex offender registry and establishes a
community notification procedure that requires county prosecutors to rank
offenders according to their risk of re-offense.
The purpose of this legislation is to provide pertinent information
to law enforcement and, in appropriate circumstances, to neighbors,
parents, and children, as well as community organizations that care for or
supervise women or children. It
is hoped that, armed with knowledge of the description and whereabouts of
sex offenders, community members will be in the best possible position to
protect their children and themselves.
To facilitate this process, various state agencies have been
charged with the responsibility of informing county prosecutors about the
imminent release of such offenders. In
turn, the prosecutors have been charged with the responsibility of
determining the risk of re-offense, placing the offender in a “tier”
based upon that determination, overseeing the dissemination of the
appropriate notification required in each case, and tracking all sex
offenders living within their respective counties.
The notification statute applies to all sex offenders who are required to
register. This includes
persons convicted, adjudicated delinquent, or acquitted by reason of
insanity of certain enumerated crimes, who are released from custody after
the Oct. 31, 1994, effective date of this statute; offenders who are on
parole or probation on or after the effective date of the statute; and
those offenders who have been found to be repetitive and compulsive by the
court regardless of the date of conviction or adjudication.
The
Registrant Risk Assessment Scale (RRAS) is a 13-factor scale employed by
prosecutor’s offices statewide to objectively and uniformly determine a
registrant’s risk of re-offense. The
13 factors are assigned to four categories: seriousness of the offense;
offense history; characteristics of the offender; and community support.
Each category is weighted in accord with its predictive value.
The prosecutor reviews the offender’s criminal file and applies
the facts of the case to the categories in the RRAS.
The
scope of notification is dependant on the registrant’s tier
classification. When it is
determined that an offender falls within Tier One, notice is given only to
the local law enforcement agencies that are likely to encounter the
offender. When it is
determined that an offender falls within Tier Two, notification is
provided to the local law enforcement agencies as well as to schools,
licensed day care centers, and summer camps likely to encounter the
offender. Notification will
also be given to registered community organizations that have direct
supervision over children and/or women.
When it is determined that an offender falls within Tier Three, the
prosecutor will also notify members of the public likely to encounter the
offender.
Prior
to a Tier Two or Tier Three classification, the prosecutor provides
written notice to the offenders, informing them that they have the right
to object. Registrants have
14 days in which to do so. If
an offender objects to his tier classification, scope, or manner of
notification, the Court schedules a pretrial conference.
The pretrial conference provides the state and the offender an
opportunity to discuss the numerical scale score and intended scope of
notification. If a resolution
cannot be reached, the Court sets a hearing within 14 days of the
conference date. The state
often must utilize expert testimony to prove a registrant’s risk of
re-offense by clear and convincing evidence.
The Judge makes the final decision and notification cannot be
effectuated until two days after an order is signed.
The entire process is intended to be completed within 45 days from the date of
service. The scope of notification in Mercer County is contingent upon whether the municipality is urban, suburban, or rural as defined by the New Jersey State Police Uniform Crime Report. This report defines the only urban municipality in Mercer County as Trenton. The suburban municipalities in Mercer County are: Lawrence Township; Pennington Borough; Princeton Borough; Princeton Township; West Windsor Township; East Windsor Township; Ewing Township; and Hamilton Township. The rural municipalities in Mercer County are defined as: Hopewell Township; Hopewell Borough; Washington Township and Hightstown Borough. In the case of a Tier Three notification in an urban area, all residences located within a quarter-mile of registrant’s home and workplace are notified. Schools and students, licensed day care centers and community organizations within a 1-mile radius of the offender’s home or workplace also receive notification. In the case of a Tier Three notification in a suburban area, all private residences within a 1-mile radius of the registrant’s residence or workplace receive notice. Schools and students, licensed day care centers and community organizations within a 2-mile radius of the offender’s home or workplace also receive notification. In the case of a Tier Three notification in a rural area, all private residences within a 2-mile radius of the registrant’s residence or workplace receive notice. Schools and students, licensed day care centers and community organizations within a 3-mile radius of the offender’s home or workplace also receive notification.
The
law further mandates that residents living within the scope of
notification must be personally served with notices containing the
offender’s name and address, recent photograph, physical description,
underlying sex offense, vehicle description and license plate number.
The Mercer County Notification Operation Plan divides notification
areas into quadrants in which teams of police officers personally serve
flyers. If the residents are
home, the officers explain to them that they are receiving information
regarding a convicted sex offender pursuant to Megan’s Law and that they
can share that information only within their immediate household.
The residents are also cautioned that the information is not to be
released to the press. If the
residents have additional questions, the officers instruct them that they
should contact the prosecutor’s office.
If
a resident is not home when the officers attempt to effectuate service,
the officers may place the flyer under the door of the residence.
If this cannot be achieved, the officers may then place the flyer
in a secured mailbox. If
neither of these methods can be accomplished, the officers leave a notice
instructing residents to contact the prosecutor’s office for important
Megan’s Law information.
In
August of 1998, the Megan’s Law Unit was created to adequately address
the formidable responsibility of enforcing Megan’s Law.
The Unit has since been augmented to include two assistant
prosecutors (one of whom is the unit chief), who specialize in Megan’s
Law and are assigned Megan’s Law duties as their primary assignment, two
detectives, and one clerical person.
Additionally, computer equipment, including a color scanner, color
printer, color copier, a Global Positioning Unit, mapping software, and
database software were purchased to create the color flyers necessary to
provide the required notifications. The
equipment is also used to accurately determine and plot the appropriate
scope of notification surrounding a registrant’s home and workplace, and
to track not only the whereabouts of each offender, but also to maintain a
ready source of information regarding many aspects of each offender.
Training
and community outreach activities are an integral part of the Unit’s
responsibilities. The
assistant prosecutors have provided training for all public, private,
parochial schools, and licensed day care centers within each of the 13
municipalities. The training
provides the teachers and caregivers with instructions on how to
effectuate Tier Two and Tier Three notifications and provides materials to
ensure that notifications comply with the mandates of the statute.
Furthermore, the Unit, in cooperation with municipal police
officers, is in the process of soliciting organizations that could
potentially qualify as community organizations to register.
To facilitate this goal, efforts have been made through the local
media, including twice utilizing a local TV station, to encourage groups
like the Boy Scouts, Girl Scouts, and athletic leagues to register with
the prosecutor’s office. As
a result, there are approximately 45 registered community groups.
The
assistant prosecutors also provide semi-annual training to the Megan’s
Law liaison officers from each municipality, parole officers,
probation officers, schools, daycares and eligible community groups regarding any changes in the law and apprising them of
their new and changing responsibilities.
To date, the Unit has conducted more than 100 training sessions. Based on the onerous requirements of effectuating a Tier III community notification, the Prosecutor, in conjunction with the Mercer County Chiefs of Police Association, created the “Megan’s Law Task Force.” The task force is comprised of the Megan’s Law liaison officers from each of the 13 municipalities.
The
Unit also tracks sexual offenders who are involuntarily through civil
proceedings committed after imprisonment.
The Unit is currently monitoring 25 such cases that require
hearings conducted at the psychiatric hospitals where the offenders are
confined. The commitment
process usually requires the use of expert witnesses in order to prove
that the offender is mentally ill and a danger to himself or others. Finally, the Unit has the responsibility of prosecuting sex offenders who fail to comply with Megan's Law registration requirements and who violate their conditions for community supervision for life.
The mission of the Polygraph Unit of the Mercer County Prosecutor's Office to provide the local law enforcement community with the services of a professional polygrapher and to consult with law enforcement officials and prosecutors to determine the appropriateness and feasibility of conducting examinations. A Captain and a detective on a secondary assignment basis staff this Unit. In order to maintain their expertise in this field, the examiners attend annual training to enhance and increase their knowledge and skill. Request for polygraph services come directly to an examiner. The case is reviewed and a determination is made as to the appropriateness of conducting an examination.
The primary goal of the Special Investigations Unit (SIU) is to investigate, arrest, and prosecute persons who are involved in the sale of controlled dangerous substances. Detectives assigned to SIU engage in a host of investigative activities ranging from traditional undercover police work -- such as buy/bust operations, reversals, and courier interdictions -- to highly sophisticated wiretap investigations. The scope of these investigations includes everything from simple street level dealing to complex distribution conspiracies and may focus on specific individuals, residences or areas within the county that have been identified through the collection of intelligence information and community input. Often when suspected drug activity spans more than one community or crosses county lines, SIU detectives participate in a task force comprised of all law enforcement agencies within the affected area. Because of the large number of cases generated by their investigations, the Unit detectives are often called to testify in court. The designated detectives, by virtue of their extensive training and expansive experience, have been qualified to testify as experts in the field of narcotics and narcotics distribution activities. The assistant prosecutors in the Unit are responsible for prosecuting the significant cases resulting from the Unit’s investigations. Equally as important, in order to ensure the quality of these investigations, they also provide legal guidance, both within the Unit and to outside law enforcement agencies. Moreover, they assist in the preparation and review for legal sufficiency all search warrants, applications for consensual interceptions, communication data warrants, and electronic surveillance applications. Finally, aside from investigations and prosecution, the Unit plays an important role in combating illegal drug activity by proving training, technical assistance and equipment to police departments throughout Mercer County. They also assist the schools within the county deliver the important anti-drug message to our youth. Two attorneys, one of whom is designated as chief of the unit; a lieutenant; a sergeant; seven detectives; and two secretaries, presently staff the Special Investigations Unit. The staffing of this Unit is further supplemented throughout the year by police officers provided by municipal departments throughout Mercer County. The Special Investigations Unit also works cooperatively with the Mercer County Sheriff's Department and with all the municipal police departments in the county, and in particular with the Vice-Enforcement and Pro-Active Units of the Trenton Police Department, the Federal Drug Enforcement Administration, Federal Bureau of Investigation, U.S. Attorney’s Office, Federal Bureau of Alcohol, Tobacco, and Firearms, U.S. Postal Service, and other police departments throughout New Jersey and in Pennsylvania.
The Mercer County Prosecutor’s Office Training Unit not only offers numerous seminars to law enforcement agencies within Mercer County, personnel from other agencies outside of the county and state also attend many of our in-service training courses. Aside from providing training to these agencies, members from the Mercer County prosecutor’s Office provide instruction to the Mercer County Police Academy, Trenton Police Academy, New Jersey State Police Academy, Burlington County Police Academy and the New Jersey Division of Criminal Justice Academy. The Mercer County Prosecutor’s Training Unit was established in order to create a comprehensive training program that focuses on maximizing the skills of our investigative staff and superior officers through a variety of in-house and off-site specialized training programs. During 2001, this philosophy was extended to include the legal, professional, and support staffs. The Training Unit operates on a “need for training” basis, by determining particular training needs then providing that training. This is accomplished by surveying members of the prosecutor’s staff, staffs of other agencies, police chiefs, training officers and other law enforcement personnel. With information obtained from the survey, a curriculum is developed to meet those needs and these courses are then distributed and/or offered to agencies both in and out of Mercer County. The Training Unit created and maintains a comprehensive database for training records for the entire office and in addition, the Training Unit is responsible for facilitating the registration and attendance of members of the Legal, Investigative, Support and Professional members of the Prosecutor’s Office at various in-service training courses, seminars and conferences throughout the Country. In addition, the Training Unit also is utilized in facilitating various meetings, seminars and training conferences and programs for Federal, State, Municipal and Mercer County Agencies. The Training Unit continues to serve as a liaison and facilitator of the web-based Virtual On-Line Training Academy for all Mercer County Law Enforcement Agencies. This web-based training program allows officers and civilian police dispatchers to access numerous on-line training courses including, but not limited to: Hazardous Materials Awareness, Incident Command systems and CBRNE Training, Right-to-Know, Counter Terrorism and Chemical Safety. The Training Unit facilitated the application process for establishing the newly certified Mercer County Police Academy and is continuing in it’s role as a liaison, class coordinator and program coordinator for the basic and in-service program at the academy in addition to serving as an adjunct Firearms Range Master, Police Instructor, Senior Vehicle Operations Instructor and Street Survival Instructor. The Mercer County Prosecutor’s Office Training Unit has also continues in its role in selecting, sponsoring and registering detectives from Mercer County Police Agencies for Basic In-Service Arson Investigations course and the Division of Criminal Justice Academy. In addition to the aforementioned duties, the Training Unit is serving as a representative of the Prosecutor’s Office on the countywide Training Committee. This committee has been charged with identifying and assessing training needs for all Mercer County Employees. During the 2006 calendar year, the Training Unit was also an integral part of the curriculum revision committee established by the Division of Criminal Justice Training Academy at Sea Girt, NJ. The Training Unit also assists the Firearms Training Unit of the Mercer County Prosecutor’s Office in all phases of Firearms Range Operations including but not limited to; range maintenance, in-service firearms qualifications and qualifications for retired police officers. In addition to the above listed training, the Training Unit will continue to sponsor “Family/Spouse Night” at the Mercer County Police Academy. This seminar targets family members of graduating trainees of the Mercer county Police Academy and deals with certain aspects of the law enforcement officer’s duties, responsibilities and family life as an integral part of the officers’ post life post graduation.
The Trial Unit prosecutors resolve thousands of cases by negotiated pleas annually. Many resolutions only come after extensive pre-trial preparation and investigation. On rare occasion, guilty pleas are entered on the eve of trial or during some stage of the trial itself. The Prosecutor’s Office works with each of the five criminal courts to ensure a smooth flowing schedule of cases for status conferences, dispositions and trials. To that end, each court is assigned an assistant prosecutor as a trial team leader who supervises and coordinates the trial schedule of the team, which is comprised of one additional assistant prosecutor and two prosecutor’s detectives. All trial teams come under the supervision of the chief of the Trial Section. Although cases prosecuted by specialized units are also assigned to each of the criminal courts, it is the trial teams that do the bulk of the trial work before each judge. Aggressive attention is paid to the high volume of cases resulting in a reduction in the time between indictment and trial and, equally as important, between a defendant’s rejection of plea offer and trial. The Trial Unit of the Mercer County Prosecutor’s Office is comprised of the Chief of the Trial Section, five Trial Team Leaders and six additional assistant prosecutor’s whose primary assignment is the Trial Unit. Additionally, a lieutenant, a sergeant and six detectives are assigned full-time to the trial unit.
The
Project Safe Neighborhoods Unit (PSN) is responsible for the vertical
prosecution of gun crime on the state and federal levels. “Gun crime,”
for purposes of unit prosecution, primarily consists of firearm offenses
committed by convicted felons involving real firearms that are recovered
by law enforcement (firearms such as BB guns or paintball guns do not
qualify). In addition to its primary focus of prosecution, the unit is
also involved, in one extent or another, with gun tracing, community
outreach and media campaigns.
Funded
by a grant from the federal government, the PSN Unit became a full-time
unit in September 2002. It is
comprised of two full-time assistant prosecutors and one detective.
Detectives from the Grand Jury Unit are also utilized in the
preparation of cases for state prosecution.
Because
of its new status, the unit’s guidelines and goals are still changing.
Initially, the unit accepted all cases involving a recovered real
firearm. Due to the
overwhelming number of cases involving recovered firearms, the unit
tightened its guidelines in December 2002 to focus primarily on convicted
felons in possession of firearms. This
change reflects the evolving nature of the unit.
The
PSN Unit experiences immediate involvement in the prosecution of firearm
cases. Shortly after the occurrence of a firearms offense, the filed
criminal complaint and any available supporting documentation are
presented to a unit prosecutor for screening purposes. At the screening
stage, the prosecutor determines if the case is suitable for trial team,
unit or federal prosecution. If declined for unit or federal prosecution,
the case will be returned to the Grand Jury Unit for indictment and
transferal to a trial team. Cases
adopted by the unit will either be vertically prosecuted by a unit
prosecutor on the state level or federally prosecuted by an assistant
United States attorney.
The
determination of whether a firearms case will be prosecuted on the federal
level is ultimately made by the U.S. Attorney’s Office.
Initially, if a unit prosecutor believes that a defendant is
eligible for federal prosecution, a representative of the U.S.
Attorney’s Office is presented with the defendant’s criminal history
and the initial police reports. Other supporting documents, such as
supplemental police reports, are provided upon request.
Cases adopted for federal prosecution are vertically prosecuted by
U.S. attorneys specializing in gun cases. Currently, as a reflection of
this office’s desire to prosecute more firearms cases on the federal
level, the U.S. Attorney’s Office is considering cross-designating unit
members as special U.S. attorneys. This designation would allow assistant
prosecutors to prosecute defendants in federal court.
Between
September 2003 and January 2004, the PSN Unit screened approximately 50
cases for state or federal prosecution.
The unit is responsible for the indictment and prosecution of all
the matters that it retains. Several of these same cases were adopted for federal
prosecution and, to date, have resulted in guilty pleas or are pending
trial.
The
gun-tracing component of the unit focuses on the tracking of firearm trace
forms completed by local police municipalities and analyzed by the Bureau
of Alcohol, Tobacco and Firearms. This
focus is designed to ensure that every recovered firearm is traced to its
original seller, purchaser and state of sale. In turn, over time, this
information will provide the unit with an accurate portrait of gun
trafficking in our county.
The
office’s public information officer and administrative assistant
prosecutor spearhead the media and community outreach component of the
unit. The target audience – law-abiding citizens and criminals alike –
are reached through various mediums touting the creation and successes of
the unit. Vehicles utilized to spread the word include billboards, radio
spots, television commercials and pamphlets.
The Mercer County Prosecutor’s Office has made a commitment to removing the scourge of street gangs from our community. Too frequently, county streets were the arena for gang violence. Residents were becoming prisoners in their own homes because of drive-by shootings directed at rival gang members. In 2005, this office established a full-time Gang Unit to begin vertical prosecution of gang members. It is comprised of one full-time assistant prosecutor and one detective. The Gang Unit investigates, indicts and prosecutes its own cases and continues to educate the public, teachers, school administrators and the community about gang culture, warning signs and how to identify gang affiliations. We provide this same information to law enforcement, as well as school resource and juvenile officers, at periodic information exchanges. These meetings provide the forum for law enforcement to have the information they need to effectively do their jobs. These efforts have paved the way for aggressive gang suppression efforts. In conjunction with the Mercer County Sheriff’s Office and the Chiefs of Police Association, the Mercer County Gang Task Force continues its pro-active approach toward gang suppression efforts.
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