FOR IMMEDIATE RELEASE
CONTACT: Raymond Worrall
PHONE: (201) 320-3550
EMAIL: rworrall@hcpo.org
TWITTER: @HCPOProsecutor
WEB: hudsoncountyprosecutorsofficenj.org
DATE: January 23, 2019
STATEMENT OF HUDSON COUNTY PROSECUTOR ESTHER SUAREZ
Between April 2017 and November 2017, the Special Victims Unit of the Hudson County Prosecutor’s Office investigated allegations of sexual assault made by Katherine Brennan against Albert Alvarez.
I was unaware of the investigation as it was ongoing, which is not unusual in an Office that handles hundreds of investigations each year. I became aware of the investigation on October 2, 2018, through a media inquiry by the Wall Street Journal. After review of the file, I issued a statement on October 17, 2018, stating emphatically that I completely stood behind the investigation conducted by the Special Victims Unit, noting that the four investigators and two Supervising Assistants Prosecutor involved in the investigation shared a combined total of nearly 85 years of experience in protecting the rights of victims.
Additionally, out of an abundance of caution, I decided to request that the Division of Criminal Justice have another County Prosecutor’s Office review the investigation and decision not to prosecute. I did this not because of a legal conflict of interest, but to ensure the public trust, given what was now becoming a highly publicized issue between the Executive Branch and the Legislative Branch of the New Jersey State Government.
On October 30, 2018, I requested that the Attorney General conduct a review of my involvement in the 2017 investigation, in particular, the extent of what I knew, or did not know about the ongoing investigation. I did this to prove that I did not improperly influence the resolution of the investigation or the decision to not prosecute. The Office of Public Integrity and Accountability (“OPIA”), under the auspices of the Attorney General, with unfettered access to all records related to the investigation, conducted a review and concluded that there was no improper conduct or influence by me or anyone else.
By letter dated November 27, 2018, Attorney General Grewal stated that “as part of its review, the OPIA examined the complete investigative file of the HCPO for this matter, as well as other documents, including emails related to the investigation.” OPIA had access to and was able to review every single document in that file and all the stored data pertaining to the Brennan/Alvarez matter, and did so exonerating me completely. In a letter dated November 27, 2018, Attorney General Grewal advised that he concurred with OPIA’s conclusion that there was no evidence that I acted improperly with respect to the HCPO’s investigation.
Today, the Middlesex County Prosecutor’s Office announced that their independent investigation resulted in the same determination reached by the HCPO not to prosecute Albert Alvarez.
The decision by the Middlesex County Prosecutor’s Office in conjunction with the earlier conclusions reached by the Office of Public Integrity and Accountability and the Attorney General’s Office should leave no room for interpretation about the independence of the Hudson County Prosecutor’s Office in the handling of this matter.
In 2015, I was sworn in as the first female Prosecutor in the history of Hudson County. We at the HCPO hold sacred the protection of victims and victims’ rights. However, our pursuit of justice for victims of crimes must be balanced with our sworn duty to uphold the Constitution and the bedrocks of our criminal justice system, including the presumption of innocence and the necessity of proof beyond a reasonable doubt.