Kathleen Hopkins

@Khopkinsapp

Wendy Tucker was driving home to Barnegat through Tuckerton the night of Jan. 29, 2014 when she saw the flashing lights of a patrol car behind her, signaling her to pull over.

Tucker said she was distrustful of Tuckerton police, so she continued driving to Barnegat, where she pulled into the parking lot of the municipal complex. There, she was placed under arrest by Barnegat police and charged with eluding police and cited for traffic violations.

But what should have been a routine motor-vehicle stop turned into something much more. Tucker alleges that before she knew it, a police dog was attacking her.

Ocean County prosecutors allege that the officer who first tried to pull over Tucker in Tuckerton unjustifiably sicced his dog, Gunner, on her in the Barnegat municipal lot after she was already in custody.

The prosecutors also allege that the officer, Tuckerton police Cpl. Justin Cherry, now suspended, lied in police reports to cover up his misdeeds.

Tucker's attorney, Tom Mallon, says the charges against his client were dropped, and her civil lawsuit against the police is pending in federal court.

But the case is now about something much larger than some dog bites and Cherry’s alleged misconduct. The case is about the public’s right to know how police behave.

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The truth of what happened the night of Jan. 29, 2014 was captured on video by the dashboard camera of Cherry’s patrol car.

That video is now the subject of a legal battle between an open-government activist from Franklin in Somerset County and the Ocean County Prosecutor's Office.

The activist, John Paff, requested a copy of the dash cam video. But, when the Ocean County Prosecutor’s Office denied Paff’s request, the activist filed suit, saying he is entitled to it under New Jersey’s Open Public Records Act (OPRA).

Superior Court Judge Vincent J. Grasso got into the act in October of 2014 when he ruled the dash cam video was a public record that fell under the requirements of OPRA. Grasso, now retired, ordered the prosecutor to turn it over to Paff.

But Prosecutor Joseph Coronato insisted the video is a criminal investigatory record exempt from OPRA, and he claims that to make it public would deem it impossible for Cherry to get a fair trial on the criminal charges he faces in the dog attack.

Coronato filed an appeal of Grasso’s ruling and has not turned over the video to Paff.

The prosecutor’s appeal is on the docket this week when a panel of judges with the Appellate Division of Superior Court will hear arguments on the issue.

Paff says the case could make its way to the state Supreme Court and have statewide impact on whether the public has the right to see police dash cam videos and records of police conduct in other cases.

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The high court already agreed to hear an appeal on another request for police records in which appellate judges said many of the records must be kept from public view.

“Law enforcement wants secrecy, and the open-government community wants access,’’ Paff said. “Everybody is lining up, and it’s going to be a showdown at the Supreme Court eventually.’’

Arguments on the Ocean County prosecutor’s appeal in the Tucker incident are scheduled to be heard at 10 a.m. Wednesday by Superior Court Judges Jose L. Fuentes, John C. Kennedy and Robert J. Gilson of the Appellate Division. The hearing will be held at Veterans Courthouse in Newark.

The judges are not likely to render their decision immediately, but when they do, you can read about it on APP.com and in the Asbury Park Press.

Meanwhile, Cherry’s criminal case also is on the docket this week. Cherry, 33, who lives in Beachwood, is charged in an indictment with official misconduct, aggravated assault, false swearing, tampering with public records and hindering his own apprehension in the Tucker incident. A conference in the case is scheduled for Monday before Superior Court Judge Linda Baxter at the Ocean County Justice Complex in Toms River. No major developments are expected, but when there is news on Cherry’s case, you can read about that, too, on APP.com and in the Asbury Park Press.



Here are some other cases on the docket this week:



- Many people knew Anthony Verdicchio was found dead in his trailer in Pine Acres Manor in Manchester on May 13, 2013. But last week it was revealed just how brutal the 76-year-old man’s killing was.

Prosecutor: 14 blows from a hammer killed senior

Senior Assistant Prosecutor Michael Weatherstone told a jury, at the start of Alan Bienkowski’s trial for Verdicchio’s murder, that Bienkowski put a plastic garbage bag over his neighbor’s head and took a hammer to it 14 times, crushing the affable senior’s skull before making off with many of Verdicchio's collectibles.

Bienkowski, 57, is on trial before Superior Court Judge James M. Blaney at the Ocean County Courthouse in Toms River. Testimony in the trial is scheduled to resume on Tuesday. The Asbury Park Press and APP.com will report on major developments.





- Robert Pentz, 41, of Toms River, pleaded guilty in July to stealing about $140,000 from the facility he managed, filling his own pockets with the cash he was supposed to be stocking in automated teller machines.

His crime requires a prison term, but Pentz’s sentencing has been postponed quite a few times since he entered his guilty plea. Pentz was supposed to finally face the music last Friday, but again, he asked for an adjournment. Superior Court Judge Patricia Roe granted the postponement, but only for a week.

Pentz now is scheduled to face Roe on Friday at 9 a.m. to learn how long he must spend in prison. His sentencing will be at the Ocean County Justice Complex in Toms River.

If it goes off as planned, you can read about it in The Asbury Park Press and on APP.com.



Please note: Court events are often subject to last-minute postponements.

Kathleen Hopkins: 732-643-4202; Khopkins@app.com



