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For Immediate Release:  
For Further Information Contact:
May 12, 2005

Office of The Attorney General
- Peter C. Harvey, Attorney General
Division of Criminal Justice
- Vaughn L. McKoy, Director


John R. Hagerty


Statement of Vaughn L. McKoy, Director, Division of Criminal Justice on Appellate Decision Involving JCA Tapes

The Division of Criminal Justice scored a significant victory as the Appellate Division today issued its order in the case of Rosenberg v. State of New Jersey, et al (referred to as the JCA tapes).

In issuing its Order (401k) pdf plugin the Appellate Division halted the release of additional tapes and supported the State’s claims of “need to protect innocent third parties and criminal investigative methods and techniques...” The Appellate Division specifically remanded the case back to the trial judge for in camera hearings.

The Division of Criminal Justice continues to maintain the significance of protecting the integrity and confidentiality of every criminal investigation, regardless of whether it is open or closed. And, the Division will continue to protect the identities of innocent third parties within the confines of the law; to preserve the confidentiality of information in a criminal investigatory file that may be reopened upon discovery of new or additional evidence; to shield information which would reveal investigative techniques and methods used during criminal investigations; and to protect the identity and safety of confidential sources. The Division fully believes that such law enforcement responsibilities are at the heart of criminal investigations and that those principals of law enforcement must be vociferously preserved and protected.

The Appellate Court’s Order allows the Division of Criminal Justice to present full and complete argument to the trial court, and to reiterate that the interests of law enforcement must be considered before the “willy-nilly” release of investigative information and files. I, along with the law enforcement community, applaud the Appellate Court’s Order. I also congratulate Deputy Attorneys General Lisa Gochman and Robbie Miller for their continued efforts in this litigation.

A copy of the Appellate Court’s Order is available via the Division of Criminal Justice web page at


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