March 06, 2001

To All Interested Parties:

SENATE JUDICIARY COMMITTEE INVESTIGATION INTO RACIAL PROFILING William Gormley, Chairman of the Senate Judiciary Committee (the "Committee"), announced in September 2000, that the Committee would conduct a review of racial profiling, the New Jersey State Police, and the timing of the indictments in the Hogan and Kenna criminal matters. Michael Chertoff, a partner at Latham & Watkins and former U.S. Attorney, was appointed Special Counsel to the Committee. The Committee served the Office of Attorney General ("OAG") and Governor Whitman's office with several written requests for information and documentation. In response, OAG released over 90,000 pages of documentation and Governor Whitman's office released approximately 3,500 pages of documentation. OAG's production was supplemented several times in response to additional requests for information by the Committee. Custodians of the record were also identified by OAG and Governor Whitman. In total, approximately 100,000 pages of documentation were reviewed in connection with the Committee's investigation. Mr. Chertoff and his legal team of five lawyers, led by Scott Louis Weber, and two paralegals reviewed and coded every document over a two-month period. The results of the document review were made available to the Committee and counsel to the Senate minority. As a result of the document review, special counsel and counsel to the Senate minority identified 34 witnesses and determined that 28 of the witnesses would testify in depositions or before hearing officers. Special counsel and counsel to the Senate minority also determined that the remaining 6 witnesses were for historical purposes and would simply be interviewed. From January 30 through March 1, 2001, special counsel and counsel to the Senate minority conducted joint interviews and depositions of the witnesses. All interviews and depositions were open to members of the Committee. With the exception of one or two individuals all witnesses have now been interviewed or deposed. The interviews and depositions took approximately 150 hours and resulted in approximately 4,000 pages of transcript. Copies of 29 transcripts have been posted on the Legislature's Internet site and the remaining transcripts will be posted as soon as they become available. At the suggestion of special counsel, the inquiry into the Hogan and Kenna cases has been focused upon the timing and public release of the indictments so as to not interfere with the pending criminal cases. The Committee has not investigated the substance of the charges or sufficiency of the evidence in either criminal case. The timing and public release of the indictments will be addressed during the remainder of the inquiry. The Committee is currently working to determine the witness list and order of presentation. Public hearings are scheduled for March 19, 20, 27, and 28, 2001. All hearings will be conducted from 10 AM to 5 PM and may be extended to 8 PM to accommodate witness testimony.

 

   				March 8, 2001
The Special Inquiry currently undertaken by the Senate Judiciary Committee into the issue of
racial profiling shall include the following:
(1)	an investigation into any organizational and cultural issues in the Department of Law and 
	Public Safety and the Division of State Police that may have developed, ignored,
         	concealed or fostered racial profiling;
(2)  	a review of the accuracy and completeness of any evidence presented to the Senate
        	Judiciary Committee in 1999 concerning racial profiling, and the truthfulness and 
        	and completeness of any testimony presented to the Committee in 1999 concerning racial
        	profiling;
(3)  	a review of actions concerning racial profiling taken by the Division of State Police or the
       	Office of the Attorney General following the ruling by Judge Francis in State v. Pedro
       	Soto, including any statistical analyses and the dissemination or concealment of that
       	statistical information;
(4)  	an examination of the reasonableness of the State's actions in the appeal and subsequent
       	withdrawal of the State's appeal in State v. Pedro Soto;
(5) 	a review of the State's actions, following the Soto ruling, in discovery motions and
      	evidence suppression motions brought by defendants alleging racial profiling, up to and
           	including the State's decision to release 95,000 pages of documents, and including its 
	compliance with disclosure and discovery requirements;
(6)	a review of activities within the Department of Law and Public Safety and the Division of
	State Police, and the actions by individual State officials, concerning the investigation into
	racial profiling that was started in late 1996 by the United States Department of Justice 
	Civil Rights Division, including any statistical analyses undertaken by the Division of State
	Police or the Department of Law and Public Safety and the dissemination or concealment
	of such statistical information;
(7)	a review of any activities within the Department of Law and Public Safety and the Division
	of State Police concerning allegations of racial profiling or racial discrimination involving 
	the State Police;
(8)	a review of the circumstances surrounding the timing and public release of the indictments
	of Troopers Hogan and Kenna;
(9)	a review of activities within the Division of State Police and the Department of Law and
	Public Safety concerning the State Police Review Team and the development of the
	Interim Report and the Final Report;
(10)	a review of circumstances surrounding the resignation of Col. Carl Williams; and
(11)	an examination of the circumstances surrounding the Consent Decree entered into with the
	United States Department of Justice on December 30, 1999, the content of the Consent
	Decree, and the status of those and other reforms.
 
 
 
 

     Chairman, Senate Judiciary Committee

 

       Senior Democratic Member   

 

To view or download document(s) please click here, Committee Transcripts  

To listen to past committee hearings please click here, Committee Recordings 



To view press release of April 17, 2001   Click Here