MIDDLESEX OFFICE Bruce Kapian 25 Kirkpatrick Stffifit, 3'-d Prosecutor - . - Julia Mcclure 732"745"33 00 1" Assistant Prosecutor prosecutor@co.middleaex.z1j.u3 Robert J. Travisano Dame? 1" Assistants Chfefof Come>> Invesfiaafors . Nicholas F. Sewitch Facsimile (732; 74543734 Christopher 3 Kuberiet Christie L. Bevacqua Keith M. Warburfon April 25, 2011 DXC Carmelo F. Vaticano Edison Police Department 100 Municipal Boulevard. Edison, NJ 08817 Dear Deputy Chief Vaticano As per my letter to you dated April '18, 2011 wherein I requested that all further communication from your office be in writing, this will acknowledge receipt of your iet~ ter dated April 21, 2011. That letter was delivered to my office by two uniformed Edison Police' Officers on the afternoon of April 21, 2011. In order to assist you in maximizing your resources, such method ef service was and is not necessary. In the future, you should use fax or to communicate with my office. You can verify receipt either through a telephone call to my secretary or a return receipt or a read receipt on the e- mails. I11thatApn'l21, 2011 correspondence, you request that Lt. Daniel Del Bagno be assigned to the Edison Police Department from Monday April 25 through Wednesday April 27, 2011 so that you can access the Edison Internal Affairs files necessary to core-- ply with a federal grand jury subpoena dated March 28, 2011. Despite communication between us personally and our respective ofiices between March 22, 2011 and the pre- sent, access to the internal affairs files for purposes of con1plia11ce_with a federal grand . jury subpoena was never raised as anisstle. In fact, the return date on that subpoena of April 1, 2011 was established before takeover of the Edison Police Department's Internal Affairs tiles and fimetions by the Middlesex County Proseeutor's Office. Therefore, ef- fective March 22, 2011 and though April 4, 2011 (the date of the MCPO takeover of your Internal Affairs Department), you were in control of the Edison Police Department and could have and should have accessed the same internal affairs files that you now as- sert that you require to comply with a previously issued federal subpoena. it is my ttnderstanding that yourequested an extension to comply with the sub- poena which then provided you until April 15, 2011 to fully comply with that subpoena. I 3111 unaware of any further extension either requested by you or your department or granted by the FBI, so again I do not understand am first receiving your request gift; the return date extension for the subpoena. I am aware that your department did provide minimal documents in response to the subpoena and that the FBI has already notified you that the response was deficient, which I assume necessitated your April 21, 2011 letter to me. You have also been noti-- fied by the FBI that your failure to comply with the subpoena is beyond merely failing to produce the internal affairs documents, but extends to other records and documents that have and continue to be under your custody and control. In light of the Edison Police De~ partment's failure to comply with a properly issued federal grand jury subpoena, the FBI .. has advised of their intent to apply for a search warrant in order to obtain these records as soon as possible. As a career law enforcement officer, I am sure you share my concern about the potential damage that could occur to the credibility of the Edison Police Department, its leadership, and to the credibility and reputation of law enforcement as a whole if you are either unable or unwilling to comply with the federal subpoena served on the Edison Po- lice Department. As the Chief law enforcement officer for Middlesex County, such un-- willingness or inability to comply with the subpoena and the lack of candor exhibited, as more specifically outlined in my April 18, 2011, letter requires that I increase oversight of the Edison Police Department to include all action necessary to immediately comply with the outstanding federal subpoena. Accordingly, I will immediately assign Lt. Del Bagno to the Edison Police Department to ensure compliance with the entire FBI Sub- poena. Lt. Del Bagno, working with other investigators from this office and with the FBI, will access all divisions, departments, systems, vaults, electronic conrrnunications and areas of the Edison Police Department to immediately locate, identify and produce the responsive documents and materials. In order to ensure full compliance with the federal grand jury subpoena by the Edison Police Department, please immediately provide me with copies of all materials already produced by the Edison Police Department as well as the names of personnel who located and provided the material to the FBI. Please also provide to me as soon as possi- ble the names of other Edison township employees who may have knowledge of the cur- rent location of documents and material responsive to the subpoena. By way of this letter, I and advising you of my intent to speak with and utilize all members of the Edison Police Department who have knowledge or may have knowledge of the location of the subpoenaed documents. I assume that you will provide this office with unfettered access to these individuals. Please be advised that at the conclusion of this process you will be required to sign a certification that there are no other material responsive to the subpoena which exist or did exist that have not been identified or produced in response to the grand jury subpoena. pursuant and Statut0_ry_ e11th_oIi_t_y_ pt0.vide_d in Ill and State V. Winne, 12 152 (1953) and its progeny, wit} solely oversee compliance with the subpoena. This letter is not invoking the full supersession powers of this office. Other then as noted above 3.11:? in prior correspondence, you are responsible for the day-to--day operation of the Edison Police Department. Further, the Office of the Attorney General of New Jersey and the U.S. Attorney's Office, Newark, and FBI Special Agent Sean Quinn have been so advised. . if 1' Middtesex County Prosecutor c: AG. Paula T. Dow Director Stephen J. Taylor - SDAG Dermot O'Grady, Deputy Director SDAG Hester Agudosi, Chief, Prosecutors Supervision Shana W. Chen, AUSA James Farley, Special Agent In Charge, FBI Michael Baker, Esq. /sk POLICE Chief Vaiicano - April 25