JUDGES, LAWMAN CALLED TO TESTIFY ON RACIAL PROFILING

The chief justice of the state Supreme Court, two associate justices, and
the state attorney general were among 33 witnesses summoned Thursday to
testify voluntarily before a Senate committee investigating racial profiling.

William L. Gormley, R-Atlantic, chairman of the Senate Judiciary Committee,
asked those on the list to appear "either for interview, deposition, or a
public hearing" next month.

The list is made up mostly of lawyers in the state Attorney General's
Office, and state police officials. It names Chief Justice Deborah Poritz,
Associate Justices Peter Verniero and Jaynee LaVecchia, and Attorney
General John J. Farmer.

A spokeswoman for the Supreme Court said Poritz and LaVecchia had no
comment. Verniero's attorney, Robert Mintz, said the justice "would be
happy to assist the committee in its review."

Although chief justices have testified before legislative committees --
usually on salary or budget matters -- there is no record of a sitting
justice appearing before a legislative body on an issue such as this.

If those on the list decline to testify, the committee must turn to the
courts for an order.

Notably absent from the witness list was Governor Whitman's name, contrary
to a demand by Senate Democrats last month that she testify.

Jim Manion, a spokesman for the minority Democrats, said the party did
inquire about Whitman's absence.

"What we understand is that if there is a need for her to testify,
[Gormley] will comply with the wishes of the committee" and ask that she
appear, Manion said Thursday.

Whitman's office has called any demand for her to testify a political attack.

Also on the list are Justin Dintino and Carl Williams, former
superintendents of the state police, and Cary Edwards, the attorney general
in the Eighties.

The Senate committee is examining nearly 100,000 pages of state police
records, reports, and internal memos that show New Jersey officials knew
for more than 10 years that state troopers targeted minority motorists in
searches for drugs on the New Jersey Turnpike.

The practice came to light in April 1998 when two state troopers, John
Hogan and James Kenna, pulled over four minority men in a van on the
turnpike. During the stop, 11 shots were fired at the unarmed men, wounding
three of them.

Hogan was charged with aggravated assault, and Kenna with attempted murder
and aggravated assault. Both men have said they fired in self-defense, when
the van started to back up toward them.

None of those listed Thursday will be required to testify, but Gormley said
he would seek subpoena power from the Senate if witnesses don't cooperate.
The proceedings will include three or four days of public hearings in
February or March.

The committee wants to question Poritz and Verniero because they were
attorneys general from 1994 to 1999, when the state was litigating racial
profiling lawsuits. During that time, LaVecchia was a chief assistant to
Poritz and Verniero.

Williams lost his job two years ago as head of the state police when he
publicly acknowledged the profiling practice.

In October, the Attorney General's Office was criticized by a judge who
threw out the charges against Troopers Hogan and Kenna, saying state
prosecutors had tainted the grand jury. The charges were reinstated on
appeal two weeks ago.