804 A.2d 1178 (2002)

354 N.J. Super. 146

ASBURY PARK PRESS, Plaintiff, v. LAKEWOOD TOWNSHIP POLICE DEPARTMENT, Chief Michael Lynch, In His Official Capacity As Chief Of The Lakewood Police Department; Ocean County Prosecutor's Office, E. David Millard, In His Official Capacity As The Ocean County Prosecutor, Defendants, and Steven Kelusak, Christopher Spagnuolo, Joseph Qualiano, III, Defendants-Intervenors, and The State of New Jersey by the Attorney General, John J. Farmer, Jr.; the New Jersey Press Association; the Society of Professional Journalists; the Reporters Committee for Freedom of the Press, Amici Curiae.

Superior Court of New Jersey, Law Division, Ocean County.

April 2, 2002.

Attorney(s) appearing for the Case

John C. Connell, Haddonfield, for plaintiff (Archer & Greiner, Attorneys).

Kevin B. Riordan, Toms River, for defendant Ocean County Prosecutor's Office (Berry, Sahradnik, Riordan, Kotzas & Benson, Attorneys).

Steven Secare, Toms River, for defendant Lakewood Township Police Department (Russo, Secare, Ford, Delanoy & Martino, Attorneys).

Charles Uliano, West Long Branch, for Steven Kelusak (Chamlin, Rosen, Uliano & Witherington, Attorneys).

Edward C. Bertucio, Jr., Eatontown, for Christopher Spagnuolo (Hobbie, Corrigan, Bertucio & Tashjy, Attorneys).

Eric J. Marcy, Woodbridge, for Joseph Qualiano, III (Wilentz, Goldman & Spitzer, Attorneys).

Thomas J. Cafferty and Arlene M. Turinchak, Somerset, for Amici Curiae The New Jersey Press Association, The Society of Professional Journalism, The Reporters Committee (McGimpsey & Cafferty, Attorneys).

Michael J. Williams, Trenton, for Amicus Curiae the State of New Jersey by the Attorney General.


In this action in Lieu of Prerogative Writs, the Asbury Park Press (hereinafter "Press" or "plaintiff") seeks to compel the Lakewood Township Police Department, its Chief, Michael Lynch, the Ocean County Prosecutor's Office and its former Prosecutor, E. David Millard (hereinafter collectively referred to as "defendants," unless specifically noted)1 to release a copy of 9...

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