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Friday, December 09, 2005

Lakewood patrolman Menck, accuser of Rabbi Bursztyn, subject of new probe

A patrolman embroiled earlier this year in the high-profile arrest of a community leader is now the subject of an Internal Affairs investigation after a woman he recently charged with assaulting him alleged he beat her up in her home.

Public Safety Director Al Peters confirmed Thursday there is a departmental investigation into allegations that Patrolman Erik Menck used excessive force while arresting Nichole Robinson of Lakewood on Nov. 20. The investigation started in the days after the arrest when Robinson verbally complained to authorities about Menck's treatment of her.

"At this point, there's nothing concrete that's been demonstrated," Peters said. "We're anxiously awaiting the . . . results of the investigation."

Peters said he asked the Ocean County Prosecutor's office to assist in the investigation, the same process he used after Menck was probed this summer following his arrest of Rabbi Yosef Bursztyn.

That incident left Bursztyn, 62, charged with aggravated assault on a police officer and resisting arrest. The case is still pending at the Prosecutor's Office.

In Robinson's case, police say they went to a Route 9 beauty supply store for a disorderly persons call on Nov. 20. Robinson had got into a small dispute about returning an item to the store, said Herbert Ellis, Robinson's lawyer.

The investigation of that call led four officers, including Menck, to Robinson's Williamsburg Lane town house in Coventry Square. In an interview Thursday, Robinson said Menck assaulted her in the house.

"He grabbed my left arm and pulled it back up to my neck," Robinson said. "I heard it pop. He punched me in the back of the neck and he elbowed me and punched me in the back a second time."

Robinson's father, Horace Cody, 66, said Menck also shoved him into a wall. Ellis said Robinson has not filed formal charges against Menck, but added he plans to file notice that he will sue the township for monetary damages.

A difference in stories

Investigators Thursday declined to detail the events of the arrest, saying the matter was under investigation. A police spokesman said last week that Robinson assaulted Menck as he interviewed her for a statement. Cody was charged with interfering with an arrest.

Police say that after they arrived, Robinson was taken to Kimball Medical Center on Route 9 for treatment of asthma. Robinson said she does not suffer from asthma.

She said she would provide medical records that show injuries to her back, neck and hands, although those records were not provided Thursday night.

"A message has to be sent to Lakewood," said Ellis, a Freehold-based lawyer. "This officer needs to be reprimanded and he needs anger management."

Detective John Stillwell, president of the Lakewood police union, defended Menck, a New Jersey police officer for seven years who has served in Lakewood for two years.

"The union will stand behind Erik as we have stood behind Erik and other officers previously," Stillwell said. "I'm sure, once again, whatever allegations are made against Erik . . . will be proved unfounded."

Stillwell's comment referred to a letter from investigators this summer that ruled Menck acted appropriately when arresting Bursztyn on June 26.

Although Menck was cleared, at the time, the altercation sparked tension between some in the Orthodox community and the Police Department. Hundreds of Orthodox men rallied outside the police headquarters — garnering news attention around the country — and demanded justice and an explanation for why a 62-year-old man had to be physically held down to be arrested.

Bursztyn's charges have not been resolved yet, said Robert A. Gasser, executive assistant Ocean County prosecutor. Gasser would not say when the charges would be heard by a grand jury.

http://www.app.com/apps/pbcs.dll/article?AID=/20051209/NEWS02/512090441/1070

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