May 24, 2017
appeal from Superior Court of New Jersey, Law Division,
Monmouth County, Complaint No. W-2017-000378-1303.
Brater, Assistant Prosecutor, argued the cause for appellant
(Christopher J. Gramiccioni, Monmouth County Prosecutor,
attorney; Mr. Brater, of counsel and on the brief).
Elizabeth C. Jarit, Assistant Deputy Public Defender, argued
the cause for amicus curiae Office of the Public Defender
(Joseph E. Krakora, Public Defender, attorney; Ms. Jarit, of
counsel and on the brief).
Claudia Joy Demitro, Deputy Attorney General, argued the
cause for amicus curiae Office of the Attorney General
(Christopher S. Porrino, Attorney General, attorney; Ms.
Demitro, of counsel and on the brief).
Alexander Shalom argued the cause for amicus curiae American
Civil Liberties Union of New Jersey (Mr. Shalom, Edward L.
Barocas and Jeanne M. LoCicero, on the brief).
A. Bailey, attorney for respondent Dominique T. Moore, joins
in the brief of amicus curiae Office of the Public Defender).
Judges Accurso, Manahan and Lisa.
appeal, we address whether the Monmouth County
Prosecutor's Office (MCPO) must produce a completed
Preliminary Law Enforcement Incident Report (PLEIR) when
seeking pretrial detention of a defendant under the Bail
Reform Act (Act), N.J.S.A. 2A:162-15 to -26. Consonant with
our Supreme Court's decision in State v.
Robinson, __ N.J. __ (2017), and for the reasons set
forth herein, we conclude the production of a PLEIR is not
mandatory under the Act, Rule 3:4-2(c)(1), or the
Office of the Attorney General, Directive Establishing
Interim Policies, Practices, and Procedures to Implement
Criminal Justice Reform Pursuant to P.L. 2014, c. 31
(Oct. 11, 2016) (Directive).
March 9, 2017, following a four-year police investigation, a
complaint-warrant was issued against defendant, Dominique
Moore, charging him with first-degree murder, N.J.S.A.
2C:11-3a(1), and second-degree possession of a firearm for an
unlawful purpose, N.J.S.A. 2C:39-4a(1). The MCPO filed a
motion for pretrial detention on March 10, 2017, and provided
discovery to defendant,
including the complaint-warrant, the affidavit of probable
cause, the Public Safety Assessment [(PSA)], five police
reports, one arrest report, one fifteen-page CAD report,
[fourteen] witness statements, five consent-to-search forms,
a photo array packet, three grand jury transcripts, two
search warrants, two Miranda forms, an eight-page
transcript of 911 recordings, seven DVDs containing
surveillance videos, defendant's criminal history,
defendant's video-recorded interview, and a photograph of
MCPO also provided defendant a blank PLEIR.
March 13, 2017, defendant moved before a Law Division judge
for an order to compel the MCPO to provide a completed PLEIR.
Defendant's attorney provided a certification stating
that he had attended a meeting on March 4, 2017, at which the
Monmouth County Prosecutor advised the participants that he
"intended to instruct police departments not to complete
the PLEIR." The ...