Prosecutor: Cops 'Reasonable' In Reporter's Arrest In Asbury Park

ASBURY PARK – The Monmouth County Prosecutor's Office said officers were "reasonable" when they arrested an Asbury Park Press reporter during a protest last month.

Prosecutors released what they called "a comprehensive internal affairs investigation into the June 1, 2020 arrest of Asbury Park Press (APP) reporter Gustavo Martinez," saying the officers "had no knowledge they were apprehending a reporter, Monmouth County Prosecutor Christopher J. Gramiccioni said.

"The officers’ beliefs, under the circumstances, were reasonable," according to the MCPO. "Although we agree that in the interest of justice and in an exercise of our prosecutorial discretion that the dismissal of the summons was appropriate under the circumstances, our investigation also revealed that the officers who arrested acted reasonably in effectuating the arrest.

The investigation follows Attorney General Gurbir Grewal's statements last month, saying: "We will also figure out why this happened and make sure it doesn't happen again. Because in America, we don't lock up reporters for doing their job," he said.

The MCPO investigation consisted of the interviews of 21 people, including 14 law enforcement officers and Martinez, and reviews of body worn camera footage and social media footage captured during the protest, according to the MCPO.

The investigation showed that the officers who arrested Martinez reasonably believed he was one of the protestors who failed to disperse, despite repeated orders to do so, more than two hours after the expiration of a city-wide curfew, the MCPO says.

“We fully support and embrace the First Amendment protections that journalists have to report the news. Our investigative findings are in no way inconsistent with those important constitutional safeguards,” said Gramiccioni.

The MCPO says Martinez was not recognizable to officers at the protest as a reporter" due, in large part, to his attire and the absence of clearly identifiable press credentials."

"This is especially apparent when compared to the other journalists seen on BWC footage that night wearing bright neon vests clearly identifying them as reporters.

"This conclusion in no way seeks to diminish what must have been an unpleasant experience for Martinez. However, in light of what is seemingly standard protocols for journalists covering public protests, and what was exhibited by the majority of journalists from other news outlets covering the event, Martinez was not outfitted with the gear or resources to clearly make his identity known to law enforcement officers that night."