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Asbury Park Press

MONDAY 12.08.14

RED BANK CATHOLIC

CAPTURES FIRST
STATE TITLE
SINCE 70S
SPORTS, D1

U.S. FREES 6 FROM GUANTANAMO PRISON

PAGE 1B

Grand jury,
big debate

Monmouth case to test warrant

requirement for cellphone records

Recent decisions put

its role under scrutiny

FISHING
IN YOUR
PHONE?

KEVIN PENTN @KEVINPENTONAPP

Two high-profile cases involving dead black men

and the white police officers who killed them.
Two decisions not to indict.
In the deaths of both Michael Brown in Missouri
and Eric Garner in New York, jurors secretly reviewed evidence on the incidents from behind closed
doors, in chambers without a judge or even an opposing attorney present.
Welcome to Americas grand jury system.
Prosecutors are entrusted with an incredible
amount of discretion when they stand before a grand
jury, said Michael Baldassare, a criminal defense attorney based in Newark. A persons life and freedom
is riding on what they say and do.
The recent court proceedings brought rare attention to grand juries, which rule on whether there is
sufficient evidence that a crime occurred and that a
specific person did the deed to merit a trial.
The decisions to exonerate the officers have
prompted a national debate over whether the grand
jury system is an integral part of the American justice
system that needs no tinkering or whether its secretive, predictable nature makes it due for a major overhaul.
See JURY, Page A12

You need more than one set of eyes to

present a case. What is the checkpoint
for a prosecutor?
ADRIENNE SANDERS
PRESIDENT, ASBURY PARK/NEPTUNE NAACP

KATHLEEN HOPKINS @KHOPKINSAPP

One mans daily,

chilly ocean dip
for ALS charity

hom do you call on your cellphone?

How long do you spend talking to them?
How often do you talk to them?
And how far must the government go to find out this information?
The last question is one that will be considered by a judge in
Monmouth County in a case that legal experts say will have statewide implications on individual privacy rights and is being used by the state to
push the boundaries of what law enforcement officers can view without a warrant.
It comes at a time when the FBI has criticized Apple and Google for developing
smartphone encryption that would hamper law enforcement efforts to gain access to information, such as photos, messages and Web histories that are stored on
smartphones, even with a search warrant. Apple also announced that it would no
longer unlock iPhones at the request of law enforcement officials.
The FBI and other government agencies have said the actions by the tech giants could hamper their ability to solve crimes, such as child kidnapping and terrorism, in which access could save lives.
The Monmouth County case, to be considered later this month by Superior
Court Judge John T. Mullaney Jr., involves Gary Lunsford, a 24-year-old Asbury
Park man who is facing cocaine distribution charges after being arrested with
another man in May.
It is one that is known as a case of first impression, meaning it raises a legal
issue that has never before been considered by New Jersey courts.
In it, the state Attorney Generals Office is seeking to buck a state Supreme
Court ruling that has for decades required law enforcement officers to first go to a
judge to get a warrant before they can obtain an individuals telephone billing
records in the course of a criminal investigation.
The Attorney Generals Office, seeking to have that requirement overturned,
has taken on the Lunsford matter as a test case.
But defense attorneys are concerned that allowing law-enforcement officers
access to cellphone records in criminal investigations without first obtaining a
warrant would erode individual privacy rights.
What prevents them from just going on a fishing expedition? asks Dean I.
Schneider, a Red Bank attorney representing Lunsford. Its like the police having
the right to enter your home without probable cause and look around. Its a fundamental privacy right.
A 1982 state Supreme Court ruling in a case known as State vs. Hunt said that
individuals have privacy interests in their telephone billing records that are pro-

See PHONE, Page A12

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NUMBER 293

SINCE 1879

VOLUME 135

ADVICE
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See DIP, Page A9

A2
A15
A17
D1
D12

SEASIDE PARK The jacket comes off

first. Then the shoes and socks, followed by the pants, knit hat and, finally,
the sweat shirt.
Its odd to see someone removing so
many layers on the beach because, well,
nobody goes for a dip in December. Except surfers, who tend to wear wetsuits.
Doug Maday is no surfer. He plunges into the 48degree Atlantic Ocean with a bathing suit and a gritty
sense of adventure.
After 30 seconds of wading through six-foot breakers, the 50-year-old Island Heights resident submerges headfirst into the sea. He resurfaces a moment later and makes his way back to the shore. Hes
not shivering, not even grimacing.
Im surprised how easy it is to get into the colder
water, he says as he dries off with the help of some
stiff wind gusts. Its not affecting me that much.
Maybe thats because Maday has done this for 99
straight days, dating back to Sept. 1. This is polar bear
plunge meets Groundhog Day. Its the Ice Bucket
Challenge writ large. At bottom, its a tale of perseverance and the human bodys amazing ability to adapt.

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JERRY CARINO
CARINOS CORNER

watch a video of Doug

Madays ocean dip.