New Policy For Neutrality In Investigations Into NJ Police Action

NEW JERSEY — The Office of Public Integrity and Accountability has established standard operating procedures for Grand Jury presentations of fatal police encounter investigations, Attorney General Gurbir S. Grewal announced.

The point is to ensure these presentations are conducted in a neutral, objective manner, and with appropriate transparency regarding the process.

“Investigations of fatal police encounters are among the most complex and sensitive matters that our office handles, and it is absolutely critical that we present these cases to the grand jury in a thorough, fair, and transparent manner,” said Attorney General Grewal. “Now that the courts have authorized in-person grand juries, we are prepared to begin presenting these cases. The policies and procedures we put in place today reflect our commitment to conduct these proceedings in accordance with the highest standards and principles of justice.”

In December of 2019, Grewal issued a directive known as the “Independent Prosecutor Directive,” which established a mandatory 10-step process for conducting independent criminal investigations in cases involving fatal police encounters.

By state law, such investigations must be handled by the Attorney General’s Office. The Independent Prosecutor Directive established clear procedures to ensure thorough, impartial, and transparent investigations in such cases.

According to the standard operating procedures, there are three types of cases where, under both state law and the Independent Prosecutor Directive, the investigation must be presented to a grand jury, once complete, to make the ultimate decision about whether criminal charges will be filed:

• Use of force by a law enforcement officer resulting in death
• Death of a civilian during an encounter with a law enforcement officer
• Death of a civilian in law enforcement custody where the death can be plausibly linked to the actions of an officer, whether through intentional use of force or reckless indifference to human life.

“In the months ahead, we will be presenting many cases involving fatal police encounters to the state grand jury, as we deal with the volume of pending cases that resulted from the COVID pandemic and the lengthy moratorium on in-person grand juries,” said Executive Director of the Office of Public Integrity and Accountability Thomas Eicher. “Despite the challenges we are facing, we are taking every step necessary to ensure that these grand jury presentations are handled with the utmost thoroughness, impartiality, and professionalism.”