Asbury Park Press v. Ocean County Prosecutor's Office
New Jersey Superior Court Appellate Division
1Opinion of the Court
SERPENTELLI, A.J.S.C.
In this Action in Lieu of Prerogative Writs, the Asbury Park Press (hereinafter “Press” or “plaintiff’) seeks to compel the Ocean County Prosecutor’s Office and Prosecutor Thomas Kelaher (hereinafter, collectively “Prosecutor” or “defendant”) to release a copy of a 911 tape and transcript relating to a double homicide which occurred in Dover Township on May 7, 2004. On that date, Josephine O’Brien and Anthony Napolean were shot in their home and during the incident, Napolean called 911 for emergency assistance. Both O’Brien and Napolean subsequently died from *315the…
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