PATRICK J.

WHALEN, ESQUIRE
Attorney at Law, LLC ================================== ================================== 109 S. Warren Street P.O. Box 23653 Trenton, New Jersey 08608 393393Phone: (609) 393-6970 Fax: (609) 393-6971 E-Mail: pwhalenlaw@aol.com

July 26, 2011 Via Telefax and Regular Mail Paul J. Fishman, U.S. Attorney United States Attorneys Office 402 East State Street, Room 430 Trenton, NJ 08608 Paula T. Dow, Attorney General Richard J. Hughes Justice Complex 25 Market Street P.O. Box 080 Trenton, NJ 08625 Re: Campaign for Mercer County Sheriff State-Sponsored Interference with My Client: Sheriff Officer Miriam Martinez (Ret.)

Dear Attorney General Dow and U.S. Attorney Fishman: I represent Miriam Martinez, a retired Officer of the Mercer County Sheriffs Office. She is currently campaigning for the Elected Office of Mercer County Sheriff. By way of this letter, I am requesting an investigation into serious issues involving First Amendment violations, unconstitutional interference with elections, interference with confidential Family Court/Domestic Violence proceedings, and other misuse of law enforcement resources. There are also underlying issues of discrimination based on sex, race, and sexual orientation. I am also asking for your Offices to take over any investigation to allegations of phone tapping, in which my client is the target or suspect. While my client fully wants an open investigation into these frivolous allegations, it is not acceptable that the frivolous allegations of phone tapping be handled by local law enforcement, which apparently has direct interests in sabotaging Miriam Martinez and her campaign to protect the current elected Mercer County Sheriff. (These law enforcement entities include the following: the Mercer County Sheriffs Office, Mercer County Prosecutors Office, the Trenton Police Department, and the Ewing Police Department.) My client is prepared to cooperate fully with the F.B.I. and any other State or Federal law enforcement entities to clear her name and to expose the frivolous and corrupt nature of what has been taking place over the last several months. (Since March 2011.)

Paul J. Fishman, U.S. Attorney Paula T. Dow, Attorney General

July 26, 2011

By way of factual background, shortly after my client indicated her intent to campaign and run for election as Mercer County Sheriff, a Trenton Police Officer, whom Ms. Martinez was previously involved with in a romantic relationship, filed a Domestic Violence charge against her. These two individuals had not lived together nor had any communication with one another for over 12 years. Once my client had decided to campaign, she had approached this Trenton Police Officer to give her a notice that she feared that, due to the fact that they were lesbians, the current Mercer County Sheriff would use that dirty laundry to try and sabotage her campaign. My client was essentially giving this Trenton Police Officer a heads up to be prepared for a potential media smear campaign. Almost immediately thereafter, Domestic Violence charges were filed against Ms. Martinez, resulting in the seizure of her weapons (further interfering with her ability to run for election of Mercer County Sheriff) and several months of litigation surrounding bizarre allegations of phone tapping. Notably, the F.B.I. and any high-level enforcement agencies were not notified and not involved with this investigation. This is because all involved, including the purported victim, know this was a frivolous and corrupt investigation designed to obstruct, interfere, and sabotage my clients campaign for political office and interfere with her constitutional rights. Again, my client welcomes a full and thorough investigation from the F.B.I., the U.S. Attorneys Office and the State Attorney Generals Office. It is obvious, particularly based on some of the testimony that was obtained and evidence gathered in the Domestic Violence proceeding, that there is no basis for these phone tapping allegations, but local law enforcement continues to proceed with these matters. The Domestic Violence proceedings were resolved in my clients favor, and her weapons are being returned. More disturbingly, during the pendency of the Family Court proceeding, Trenton Police Officers (including, but not necessarily limited to, Miriams former girlfriend) utilized Trenton Police resources to contact a reporter and unlawfully leak confidential documents and information pertaining to the pending Family Court proceeding so that same would appear in the local media. Not only did they call this reporter, but they also dropped off documents in his mailbox (following an anonymous call made from the Trenton Police Department) (i.e., a federal offense). Miriam Martinez filed Internal Affairs charges. She was advised by the Trenton Police Internal Affairs Department that those charges had been sustained, but the Department would only be charging the Officer with misuse of department property. Incredibly, the Police Department never interviewed the Trenton Reporter who was nearly tricked into participating in this scheme. This is undoubtedly a travesty. The interference with local politics and local elections and the misuse of police resources (i.e., taxpayers money) in this matter raises many serious issues. The apparent willingness to allow police resources to be used to sabotage elections, smear politicians, and otherwise for personal and private gain, raises serious concerns of a constitutional nature and require a Federal and State Attorney General investigation. I believe that if you were to look closely, you would be amazed at how the Trenton Police Department resources are being misused for political and personal purposes, not just in the case of Miriam Martinez, and also how those law enforcement resources are being used to control local media and press for the advancement of particular political interests.

Paul J. Fishman, U.S. Attorney Paula T. Dow, Attorney General

July 26, 2011

The reporter who they attempted to leak this information to is willing to cooperate and has significant information gathered up on his own. Again, my client and I are willing to cooperate in any investigation. Thank you for your time and consideration of this request. We hope that a full investigation into this issue of corruption and unlawful, unconstitutional conduct will take place. Respectfully submitted,

Patrick J. Whalen, Esq.

PJW/ayo cc: Miriam Martinez

Paul J. Fishman, U.S. Attorney Paula T. Dow, Attorney General

July 26, 2011

bcc: Robert Chilson via Email