Making up your own law if you’re a lawyer

Can you videotape in a public place in New Jersey?  According to the Reporters Committee for Freedom of the Press the rule is:

Hidden cameras: It is a crime of the third degree to photograph or record the “intimate parts” of a person or one engaged in a sexual act in a place where the person has a reasonable expectation of privacy, and to disclose any images obtained by these means. N.J. Stat. Ann. § 2C:14-9. The law, however, does not criminalize the use of recording devices for other purposes in areas to which the public has access or there is no reasonable expectation of privacy (i.e., filming conversations on public streets or a hotel lobby)

And that was for HIDDEN cameras recording “intimate parts” and the expectation of privacy.  My camera was out in the open in a public meeting room and focused on a door, not on any “intimate parts” involving sexual acts yet two lawyers plus a political flunkie said I couldn’t tape.

Freeholder Bruce Bergen and County Counsel Robert Barry are lawyers.  Were they saying that taping Jonathan Williams of DeCotiis, Ftizpatrick, & Cole, LLP going into the executive meeting room with eight other freeholders committing an obvious* Open Public Meetings Act (OPMA) violation (at 2:45 of the clip above) would be forbidden?  Then how would OPMA violations ever be caught or proven?

In theory the rule of law is a fine thing.  In practice, the rule of lawyers interpreting or creating laws on the spur of the moment as it suits their agenda is not.




* Obvious, that is, to those not actually breaking the particular law.  This mini-executive-session had to do with a default on some bonds that the freeholder board and the law firm that hatched the moronic scheme that led to the default was looking to sugarcoat.

6 responses to this post.

  1. Posted by Tough Love on May 31, 2013 at 3:08 pm

    So who prosecutes such violations ? Turn over your evidence to them, and follow up relentlessly


    • Nobody really. In NJ the Open Public Records Act (OPRA) scares governments because there is a requirement to have your legal fees paid if you prevail but it’s ‘may’ in the OPMA law so no judge ever awards those fees in OPMA cases no lawyer ever takes them up.

      In this case, it’s no big deal. Williams was probably reminding them of how to act (or not act) when he goes up there. He probably briefed them some time before this too (when there weren’t any cameras).


  2. Posted by Anonymous on May 31, 2013 at 3:16 pm

    the meeting was not adorned so taping is permitted.


  3. Posted by Javagold on May 31, 2013 at 5:10 pm

    Looks like the bald headed midget has a situation.
    Keep those cameras rolling 24-7.

    Google has Google Glass coming soon. Will make your job much easier. Plus these dolts will not even know what it is.


  4. Figure you will appreciate this doozy

    Answer to the cancer

    Here is the anti-government corruption tool the Founding Fathers gave us when drafting the Constitution. Even though it has been tampered with by Government, it still remains part of the Constitution, since Amendments cannot be subverted with a treasonously simple court rule.

    One Amendment fallen, which one is next? The Constitution is no longer threatened; it has already been attacked and altered! Not by foriegn terrorists either, but by our very own public officials! The motive? Self-preservation and insulation from accountability for their transgressions, and their accountability to you! I’m pretty sure that illegally and subversively AMENDING the Constitution is a treasonous act. But I’m just a police sergeant, so I could be wrong. But I’m definitly right in saying that members of the military have made the ultimate sacrifice since this Country was born, to protect the Constitution and the benefits it provides, only to have their heroic actions besmeerched by those without morals, ethics, or integrity; our government officials.

    How best to reverse, restore, and use:

    In the 5th Amendment of the Constitution, there are TWO powers of the Grand Jury. One is controlled by the Prosecutors, commonly known as an Indictment (hereafter IGJ). The other is specificaly for the People’s use, such as against public corruption involving anyone of the Three Branches (legislatures, judges, and prosecutors, etc.). This is known as a Presentment Grand Jury (hereafter PGJ). In fact, it is referred to as the Fourth Branch. It is the safety line when the check and balance mechanism fails, as is currently the case from local to federal levels. The Founding Fathers knew firsthand that power corrupts, and put the PGJ in specifically to deal with wayward government. In great foresight, they provided this anti-corruption tool to allow the People to control government without the need for a bloody and divisive revolution. A wise gift indeed.

    However, since the 1940s, when the Country was recovering from WWII, the PGJ power had been covertly suppressed and rendered impotent and made unavailable to the People. Here are three authors who explain how;

    What I’ve done, or rather, what haven’t I done?

    There is a federal statue, Title 18 section 1504, which purports to still allow a person the opportunity to present evidence of wrongdoing to a Grand Jury. Through firsthand proof, this was proven to be a pretense at accessing the grand jury, via a federal Complaint filed and pursued all the way up to and before the Third Circuit COA (and which was opposed by the USAO). You can find it on my website listed below. It is an actual brief you might want to read it later, and accept for now that the Courts won’t allow the public access to a grand jury in order to present evidence of wrongdoing. Maybe because it might mention a Judge or two?:

    This tool is imperative when Government can’t and won’t police itself, and when it becomes too powerful to be affected by voting or elections.

    More than coincidence.

    If the same treasonous act is mirrored in an attempt at State-level, you can be assured their is a collective involvement to negate this anti-corruption tool.

    Research is uncovering that State constitutions that contain a provision that allows for a Presentment Grand Jury, such as Minnesota for one, are having it subverted. Now see the attempt at New Jersey’s own State Constitution.

    This is something totally dispicable that I literally just found on the Internet. When I do legal information/ case searches, I learned to not just look for cases favorable to my intent, but at cases that were against it as well, as they offetred good points to be aware of and sometimes, like this page, that would have a hidden agenda.
    In the 5th Amendment, and New Jersey’s own identical provision, there is the Presentment and Indictment process. Both utilize Grand Juries which consist of men and women subpoenaed for “jury duty.” Some juror-elects serve on Indictment Grand Jurys (IGJ), some on criminal jurys, and some serve on civil grand jurys. It has been awhile since any were designated to create a Presentment Grand Jury.
    The two powers of the GJ (PGJ and IGJ) are nearly identical except the IGJ is to be used BY the government via prosecutors, aka lawyers, and the PGJ is for use against public corruption, aka the three branches of government, BY the People, and not a prosecutor. This was and is, the original intent of those who created the Constitution, as they knew firsthand how easily power corrupts. As long as the users of the IGJ behaved, their would be little need for the PGJ.
    Motive and Intent. Squashing the Presentment half of the 5th Amendment and/or State provision, benefits only the bad apples in public by protecting them from being held accountable, for acting, or failing to act, unlawfully or otherwise. This means that every member of the Legislature, Executive, and Juficiiary, aka any politician, prosecutor/law enforcement, and anj judge.
    Well, here the treasonous actions is being “justified” at my very own State’s PGJ Constitutional provision! By a “lawyer.” How can it even be called a profession? Not one bit of moral, ethics, character, or testosterone among the whole lot of them. Sorry, I digress.
    The lawyer makes this part of our State constitution (which exactly mirrors the US Constitution!) as something dark and evil, cloak and dagger and secretive. But the “tell” that the author’s motive is anything but pure, is that, minus the insidious spin he casts upon the PGJ process, he is describing the exact same process and procedure which occurs everyday in every NJ State and County Indictment Grand Jury (IGJ) session!
    As for the secrecy of the process? Well it is supposed to be suppressed from the public! For the exact same reason the Indictment Grand Jury is! To protect the jurors so they can’t be intimidated, coerced, or fear reprisals. The presentment aspect of the PGJ is just like the IGJ, from which criminal complaints either become official (true bill) or denied (no bill), and the matter either goes to trial or it doesn’t.
    Note that the writer doesn’t mention the nearby identical similarities. Instead he talks about public officials being charged without notice, or the inability to confront their accuser, as if this is UN-constitutional! This is exactly the same process that happens with the IGJ! Except the behind-closed-doors protection of the IGJ also hides the total manipulation of it by a Prosector, aka, lawyer! Which highlights the need for the PGJ, unless of course you want to protect such gross legal abuse, which this lawyer wants obviously. I’m sure there is a good chance he might find himself a viable target for the PGJ, but would rather an IGJ, controlled by a favorable collegue/Prosecutor, would direct any IGJ away from any incriminating evidence, be the only option..
    Note, as already pointed out, this PSA is authored by a “lawyer” whose profession probably makes up most of the occupants of the three branches! So it is a safe bet that he doesn’t believe one word of his fictional spin. He is just laying the groundwork to get rid of this big threat against his ilk, and curry favor with those ahead of him so he too can become a Prosecutor, a Judge, or a Politician.

    Now knowing the truth and facts, read pure, contrived fiction:

    If you made it to the end, pat yourself on the back and SHARE IF YOU CARE! After all, its as much YOUR Constitution as it is mine!

    More on my FB or my temporary website:


    Sgt. Dale M. Baranoski


    I intend on bringing this before the US Supreme Court and with support, it might prevail against the politics that are sure to arise to defeat it!


  5. Posted by NFS on June 5, 2013 at 10:50 pm

    Just like when they tried to prevent you from filming MusicFeast.

    Bunch of lying scumbag sycophntcyophants, attorneys and Union County spokesman included.


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