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"I don't like this book because it don't got know pictures" Chief Rhorerer

“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”

“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”
“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”

Video of N.J. cop's arrest of Assemblyman comes into focus in officer's misconduct trial

 By Michelle Caffrey | South Jersey Times 

'Cut off' phrase at center of N.J. cop's misconduct trial for Assemblyman arrest
Video of N.J. cop's arrest of Assemblyman comes into focus in officer's misconduct trial
Meet the key players in cop's trial from politician's DWI
5 things we've learned in first week of N.J. cops' misconduct trial for DWI arrest of Assemblyman
Fellow officers testify against N.J. cop accused of misconduct in DWI arrest of Assemblyman Moriarty
As the trial of Washington Township Police Officer Joseph DiBuonaventura resumed Tuesday, the video that lead to the filing of official misconduct charges against the officer, as well as the dismissal of all charges against Assemblyman Paul Moriarty became the focus.
Captain Robert Borkowski -- supervisor of the patrol division to which DiBuonaventurawas assigned on July 31, 2012, when DiBuonaventura arrested Moriarty for allegedly driving drunk --  testified for the prosecution Tuesday morning, elaborating on how he retrieved the video and his interactions with DiBuonaventura in the weeks following the arrest.
DiBuonaventura is facing 14 charges, including multiple counts of official misconduct, false swearing, tampering with public record and more. Tuesday marks the third day the jury has heard testimony on the charges.
Borkowski, a 26-year veteran, told Assistant Prosecutor Audrey Curwin that he was first made aware of DiBuonaventura's arrest over the radio, and soon began observing a video feed from the processing room where Moriarty was being held.
"I could tell [Moriarty] wasn't happy to be there," said Borkowski, mimicking arm movements he said he saw Moriarty make as he spoke to officers in the processing room. After getting confirmation from Cpl. Preston Forchion, who was in the processing room, that everything was under control and the room was being recorded, he continued to watch.
But later that day, as he attempted to listen to audio recording of the processing room, Borkowski found DiBuonaventura's remote microphone, connected wireless to his patrol vehicle's video recorder, did not turn on as he intended and no audio recording took place.
He then went to retrieve the disc from DiBuonaventura's video recorder, to find if audio had recorded at some point, but soon saw only it only recorded 30 seconds before the stop was conducted at the Chick-Fil-A on Route 42, and stopped when DiBuonaventura pulled into the station.
The jury was shown just that recording, in which DiBuonaventura is heard telling Moriarty he stopped Moriarty because Moriarty "cut me off after the jug handle," then shows him conducting field sobriety tests and transporting him to the station.
The prosecution's attention then turned to what happened in the days afterward -- namely the investigation DiBuonaventura conducted himself on the DWI and the retrieval of video beyond what was recorded on the disc.
Borkowski said in the days after the arrest, DiBuonaventura contacted him about getting his schedule shifted so he could perform follow up investigations into the DWI arrest, which struck Borkowski as unnecessary, he said, and Borkowski suggested the department's investigative division take it up instead. He said DiBuonaventura refused, stating he didn't want anyone else involved.
"I didn't believe [the investigation] was critical," Borkowski said, explaining that DWI arrests are usually cut and dry, and if you have probable cause to stop the vehicle, there's no need to investigate where the suspect was or what they were doing in the time leading up to the arres
Later on, as part of the internal affairs investigation prompted by Moriarty's claims, Lt. Steven Rolando had Borkowski help him retrieve the full footage -- recorded in a continuous 40-hour loop -- from DiBuonaventura's patrol vehicle, which was left at the station.
During one conversation, DiBuonaventura told Borkowski that the video had actually missed the motor vehicle violation that was his reason for stopping Moriarty, but when Borkowski told him they were actually able to retrieve that footage, and asked if he'd like to retrieve it, there was no response.
"It was like the question didn't occur," said Borkowski, continuing later. "I thought it was kind of odd."
A first attempt at burning the footage on a disc failed, but they were able to successfully transfer the recording to a disc on the second try.
During those attempts, Borkowski said he had seen the video and at no time did he observe Moriarty "cut off" DiBuonaventura.
"I didn't observe any violations at that time," said Borkowski, in response to Curwin's questioning.
The jury has yet to be shown the full video of footage leading up to the stop.
On Aug. 14, DiBuonaventura was served an official paper stating he was the target of the internal affairs investigation, and the next day DiBuonaventura was also given notice to stop his investigation into the DWI arrest.
"The [Turnersville Auto Mall, where the Nissan dealership  is located] requested DiBuonaventura stop contacting them in regard to the case," Borkowski said.
DiBuonaventura then advised Borkowski he would be filing a supplemental report on his investigation so far, which surprised Borkowski.
"I thought it was all done," he said, adding that's especially because DWI cases are normally "cut and dry."
He then spoke about DiBuonaventura's request to have the investigative division interview the managers at the Nissan dealership, as well as get supplementary reports from Det. Lisa Frattali and then-Det. Martin Calvello on their involvement with the case.
Frattali had overheard Calvello on the phone with his cousin Ernie Calvello, an employee at Nissan, and parts of the conversation regarding Moriarty being "drunk at Nissan." She then relayed that comment to DiBuonaventura in a conversation about an unrelated topic before he pursued and arrest Moriarty.
That investigation, including filing the supplemental reports, took place in September of 2012 and was completed in October.
Borkowski has yet to be cross-examined by the defense, and will remain on the stand for the afternoon portion of the trial. Ernie Calvello, of the Nissan dealership, as well as another Patrolman who witnessed Moriarty in the processing room, are expected to take the stand soon after.