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State Housing and Mortgage Finance Agency chief of staff Katie Brennan. (Photo by Nikita Biryukov)

Judge orders Middlesex prosecutor to turn over file to Alvarez

Brennan attorney says prosecutor refused to allow victim to review file

By David Wildstein, March 11 2019 3:24 pm

Superior Court Judge Alberto Rivas has ordered the Middlesex County Prosecutor to release the full contents of its investigative case file on the investigation of Katie Brennan’s allegation that Al Alvarez raped her.

Kathryn McClure, Brennan’s attorney, has asked Rivas to schedule a conference call early tomorrow to discuss her objections to the order.

McClure disputed Alvarez’s claim that he needs the file released on an emergency basis because he has been subpoenaed to testify before the New Jersey Select Oversight Committee, saying that his testimony involves only matters related to the hiring of employees by the Murphy administration.

“The committee does not seek to question him about the underlying criminal complaint,” McClure write.  “Clearly, Mr. Alvarez has sought the MCPO file in order to publicize it during his… testimony and to smear Ms. Brennan.”

McClure is challenging the release of Brennan’s medical records under the Health Insurance Portability and Accountability Act (HIPPA).

“We do not believe Mr. Alvarez should be provided unfettered access to her private medical information without ever providing her the right to object to the release of such highly private information before she has even had an opportunity to gain access and review it herself,” McClure wrote.

Brennan is also seeking a protective order to keep documents from being released to the public.

She is also seeking copies of all documents turned over to Alvarez.

Brennan and her attorneys met with Middlesex County prosecutors on February 19 for about thirty minutes but were not given an opportunity to review the file, according to McClure.

“Ms. Brennan and her attorneys asked many questions concerning the investigation that MCPO refused to provide an answer, including the identity of witnesses and information about the statements they allegedly provided to the MCPO,” McClure told the judge.  “We also asked why the MCPO issued a press release on January 23, 2019, that it would not pursue criminal charges on behalf of Ms. Brennan to publicize their factual assertion that it was “due to a lack of corroborating and credible evidence.”

Brennan requested a copy of the report two days later, but the prosecutor told her that she would need a court order.  McClure says she was preparing to seek such an order when she learned that Alvarez had also done so.

McClure says that Brennan has not received notice of Alvarez’s request, and claims Alvarez has not responded to a civil lawsuit Brennan filed against him.

Alvarez order
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