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Notification of Official Misconduct in Office

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Dear Ocean County Prosecutor's Office,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

Your notification, either written or electronic, of multiple thefts and official misconduct in office by Sgt. Robert Burcyzk #313 of the Toms River Police Department. Offenses occurred between 2016 to 2019.

Any and all documents, both written and electronic, pertaining to thefts and official misconduct by Sgt. Robert Burcyzk #313 of the Toms River Police Department.

Documents, both written and electronic, directing Toms River Police to fraudulently enroll Sgt. Robert Burcyzk #313 in an alcohol treatment program in an attempt to save his job after the thefts were discovered.

Documents, both written and electronic, on the decision not to further investigate and criminally charge Sgt. Robert Burcyzk #313 for the crimes that were discovered.

Yours faithfully,

J. Jokerman

Deen, Shiraz, Ocean County Prosecutor's Office

Dear Mr. Jokerman,
 
 
We are in receipt of your request for records concerning Robert Burcyzk,
however, we can neither confirm nor deny the existence of records
responsive to your request.  As Mr. Burcyzk has not been arrested for any
matter, your request amounts to inquiring whether he is the subject of an
investigation. 
 
Law enforcement agencies routinely receive allegations that are determined
to be unprovable, unfounded or untrue.  Confirming the existence of
investigations into such allegations could unfairly subject an individual
to irreparable harm and subject this office and its employees to civil
liability and professional discipline. It is for this reason, among
others, that grand jury proceedings are conducted in secret.
 
Our courts have previously held that a prosecutor’s office is ethically
bound to refuse to confirm or deny the existence of records that may
reveal whether there is, or has been, an investigation surrounding events
for which a person has not been subject to arrest.  See N. Jersey Media
Grp. Inc. v. Bergen Cty. Prosecutor's Office, 447 N.J. Super. 182, 204
(App. Div. 2016)
 
Thus, as the above authority indicates, we cannot comment on whether any
records exist pursuant to your request. 
 
Sincerely,
 
Shiraz Deen
Ocean County Prosecutor's Office
Assistant Prosecutor - Appellate Division
Phone: 732-929-2027 Ext. 3623
Email: [Ocean County Prosecutor's Office request email]
 
CONFIDENTIALITY NOTICE: This Email and any attachments thereto are
intended for the exclusive use of the addressee. The information contained
herein may be privileged, confidential or otherwise exempt from disclosure
by applicable laws, rules or regulations. If you have received this Email
in error and are not the intended recipient, you are hereby placed on
notice that any use, distribution, copying or dissemination of this
communication is strictly prohibited.
 
 

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Dear Deen, Shiraz,
What I am alleging is that the OCPO, contrary to the law, helped fabricate a story to help Sgt. Burcyzk save his job by suggesting that he enroll in an inpatient alcohol treatment program and use that as an excuse for his illegal activity. That came from OCPO. This, after the theft of 10’s of thousands of dollars of time off was discovered in addition to tampering with public records over a 3 year period. The OCPO is complicit in this attempted cover up.
Certainly, by now this issue should have been presented to a grand jury. There is proof of what he did. There is proof that your office was notified.

Yours sincerely,

J. Jokerman

Deen, Shiraz, Ocean County Prosecutor's Office

Dear Mr. Jokerman,

I can only comment and address requests for records. I will forward this email to our Internal Affairs Unit on your behalf.

Regards,

Shiraz Deen
Ocean County Prosecutor's Office
Assistant Prosecutor - Appellate Division
Phone: 732-929-2027 Ext. 3623
Email: [Ocean County Prosecutor's Office request email]

CONFIDENTIALITY NOTICE: This Email and any attachments thereto are intended for the exclusive use of the addressee. The information contained herein may be privileged, confidential or otherwise exempt from disclosure by applicable laws, rules or regulations. If you have received this Email in error and are not the intended recipient, you are hereby placed on notice that any use, distribution, copying or dissemination of this communication is strictly prohibited.

show quoted sections

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