Al Alvarez is seeking a court order to force the Middlesex County Prosecutor’s office to provide him with the full investigate file of their investigation into allegations that he sexually assaulted Katie Brennan.
The former Murphy administration official filed a lawsuit on Friday in a bid to obtain witness statements, investigative reports, hospital records, DNA evidence, bank record, phone records, e-mails, texts and photographic images. Alvarez is also seeking “surveillance recordings from the night of the alleged incident.”
Alvarez has been subpoenaed by the Legislative Select Oversight Committee to testify on Tuesday regarding the circumstances of his hiring as chief of staff at the New Jersey Schools Development Authority.
Stacy Ann Biancamano, Alvarez’s attorney, maintains that her client’s “ability to defend himself is severely hampered by the fact that neither he nor the committee have reviewed the files” of the Hudson and Middlesex prosecutor.
“Similar to a criminal defendant facing trial, Mr. Alvarez is entitled to this discovery before being compelled to provide testimony to the committee,” the complaint says.
In anticipation of the subpoena, Biancamano made a request for discovery on February 27. On March 4, she received a response from Kuberiet saying that a court order is required for the documents requested.
In a letter to Superior Court Judge Alberto Rivas, First Assistant Middlesex County Prosecutor Christopher L.C. Kuberiet said the release of any documents obtained through the grand jury process remain confidential and privileged.
He said his office would comply with an order to release witness statements and corresponding written investigative reports.
Kuberiet also says that court should not order the release of any documents that might violate Brennan’s rights under the federal Health Insurance Portability and Accountability Act (HIPAA).
“The Middlesex County Prosecutor’s Office takes the position that medical records of any involved individual should not be release(d) absent a court,” Kuberiet wrote.
Kuberiet says that the prosecutor’s office “is in the possession of certain confidential records of involved parties which should not be ordered to be released by the court.”
Specifically, Kuberiet says his office is “not in the possession of any video surveillance recordings from the night of the alleged incident.”
The complaint filed by Biancamano, alleges that ““Mr. Alvarez’s guilt has become a foregone conclusion and the truth has become inconsequential,”
Alvarez claims the legislative committee formed last year “is undoubtedly rooted in the predetermined conclusion that Mr. Alvarez committed the alleged sexual assault on Ms. Brennan.”
“As demonstrated throughout the hearings, the committee has readily assumed that Mr. Alvarez is guilty of the accusations, praising the credibility of Ms. Brennan and vilifying the decision by not one, but two county prosecutors’ not to file charges against Mr. Alvarez,” the complaint says.
The Hudson County Prosecutor’s office provided Middlesex with a copy of their file, so a court order will include those records as well.
Kuberiet told the judge that Brennan has been notified of Alvarez’s bid for investigatory documents.