Trenton Police officer fights suspension, files court complaint over closed hearing

TRENTON >> Lawyers for Trenton Police officer Christopher Munn have asked a judge to order a redo of his disciplinary hearing claiming his rights were violated when The Trentonian was illegally shut out of the hearing.

Munn’s attorneys have asked for the officer’s 15-day suspension to be declared a “legal nullity” and want another hearing to be opened for the news media and members of the public to attend.

“Defendants opted for a secret, Star Chamber-style hearing and refused to allow the members of the public and the press in to the defendant’s hearing room,” the complaint said. “Plaintiff seeks declaratory judgement stating that defendants violated the Open Public Meetings Act by refusing to hold disciplinary hearing open to the public and the press.”

Paul Tyshchenko, an attorney at the law firm of Caruso Smith Picini representing the aggrieved officer, wrote that the benefit of having Munn’s hearing in public was “substantial.”

“In the context of allowing public access to civil trials, the Supreme Court has explained that a public hearing ‘enhances the quality and safeguards the integrity of the fact-finding process,’ ‘fosters an appearance of fairness,’ and heightens ‘public respect for the judicial process,’ while permitting ‘the public to participate in and serve as a check upon the judicial process — an essential component in our structure of self government,’” his lawyers wrote in documents attached to the complaint.

Trenton’s lawyers responded to Munn’s attorneys Thursday, in a letter which was provided to The Trentonian by assistant city attorney John Morrelli.

“The pleadings you have submitted to court are frivolous, and this correspondence constitutes a demand for the immediate withdrawal of your frivolous pleadings,” attorney Stephen Trimboli wrote. “Your client’s exclusive remedy is an administrative appeal to Civil Service, not a collateral attack in court.”

Munn’s attorneys cited the Attorney General Guidelines stating disciplinary hearings are closed “unless the defendant officer request an open hearing.”

The complaint, which sheds some new light on the nature of the allegations against Munn, says the AG’s guidelines are “binding upon all law enforcement agencies.”

Those AG guidelines are supported by the Trenton Police Department’s own internal affairs and disciplinary policy and procedures, a copy of which was obtained by The Trentonian through a public records request.

They state: “All disciplinary hearings shall be closed to the public unless the subject officer requests an open hearing. Permission for open hearings may only be granted by the police director.”

Trimboli responded that the Open Public Meetings Act “does not apply because a single disciplinary hearing officer is not in any conceivable way ‘public body.’”

Munn’s attorneys had written to city officials ahead of the hearing asking for it to be held publicly.

Still, city police director Ernest Parrey Jr., who has been under fire for how he has comported himself while leading the department, refused to allow The Trentonian to attend the Dec. 14 hearing.

In fact, The Trentonian noted in its story that the hearing was mysteriously moved up from the afternoon to the morning once the newspaper notified police brass it planned to attend.

Lt. Stephen Varn, Parrey’s chief of staff and a department spokesman, told a reporter he was not allowed into the hearing even after Munn gave his blessing for the newspaper to sit in on it.

Munn’s complaint noted how a Trentonian reporter was “physically removed from plaintiff’s hearing.”

Varn, who did not return a phone call requesting comment, escorted The Trentonian from the second floor of police headquarters.

He also repeatedly asked the reporter if he had recorded the interaction they had prior to leading the reporter out.

Later, Varn told the newspaper he had acted upon the advice of the city attorney, who vehemently defended the decision to deny The Trentonian access to the hearing.

In a taped phone conversation the day after the newspaper published its Munn story, assistant city attorney Morelli voiced how he was upset over Munn’s attorney’s suggestion he had been “derelict in his duties.”

“Did you read the departmental rules and regulations?” he asked a reporter. “I asked you a question. Did you read the police department rules and regulations under the AG guidelines where they had to adopt rules and regulations for the policy? Did you read them? … If you did not read the rules and regulations, I will enlighten you.

“You quoted somebody who said the city attorney’s office was ‘derelict in their duties.’ If you have a reporter who doesn’t read the rules and regulations, I say maybe the reporter is derelict and couldn’t even read the department [rules],” Morelli continued.

City law director Walter Denson also took issue with The Trentonian’s coverage.

“I think the problem is and this is a problem we always had is that there’s always a one-sided slant to the story,” he said. “What we’re trying to do is not insult you what we’re trying to do is have you guys report in a very fair and unbiased manner, which is typically not the case.”

Morelli provided a copy of Trenton Police’s rules and regulations, citing a specific part that reads: “The trial of employees of the department under charges properly preferred shall be private unless the hearing officer determines that a public trial is in the public interest.”

Morelli stated the “rules and regulations are accessible to all officers within the department. … Please note that the police department is in the process of updating the rules and regulations and when that project is completed and those rules are adopted, you may request a copy of same.”

Denson asked The Trentonian if it had “something different that contradicts that.” In fact, the newspaper obtained police records that undermine the city attorneys’ position that the hearing wasn’t public.

Morelli did not address the discrepancies in Trenton Police’s own policies.

Tim Smith, Munn’s attorney, said the city attorneys and TPD are “operating like some foreign autocratic, rogue regime.”

“We are going to resort to all ends of the law to correct this inherent injustice,” he said.

The spat between Munn and his employer stretches back to 2016, according to court papers.

The department informed Munn of disciplinary charges being brought against him Jan. 9, 2017, which included allegations he disobeyed orders, was insubordinate, hadn’t performed duties and engaged in unbecoming conduct.

The issue related to a heated exchange between Munn and supervisor, Sgt. Johnny Coe.

They got into it Nov. 3, 2016, as Munn was headed out on assignment to a city school. Coe thought Munn hadn’t clocked in so he ordered him to return to headquarters.

Munn tried to explain to his boss he had the dispatcher clock him in.

The charges were signed Dec. 19, 2016 by Detective Lt. Jose Vazquez of the internal affairs unit.

Munn’s attorney wrote a letter Jan. 11, 2017 to an attorney for the city noting Munn’s “undeniable statutory and constitutional entitlement to an open public hearing.”

The letter was addressed to attorney George Saponaro of Mount Laurel-based law firm Saponaro Law Group. That law firm employs police director Parrey’s son, Stephen, who landed a job there after he left his gig as a Mercer County prosecutor once he was arrested for allegedly driving drunk.

Munn’s hearing took place Dec. 14. His 15-day unpaid suspension is supposed to begin next week, his lawyer said.

No hearing date in Superior court has been set on Munn’s complaint.

His lawyers hope a judge doesn’t “allow such wanton conduct to stand.”

“He had a right to have his accusers set forth their accusations in public, in the light of day, and not behind closed doors,” the court papers state. “But, Defendants denied him that right too. Officer Munn should not be compelled to resolve this dispute before the Office of Administrative Law. Rather, Defendants should be compelled to hold Officer Munn’s hearing open to the press and the public, as it should have done in the first place.”