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Eric Kleiner, the defense attorney for Sgt. Marc Messing, presented a lengthy record and document request to the Bergen County Prosecutor's Office.
Assistant Bergen County Prosecutor Dan Keitel told Superior Court Judge Frances A. McGrogan that the office doesn’t have the records.
She, in turn, said she would obtain Messing's Internal Affairs file and department personnel records, review them and determine what will be turned over to the defense.
Anything else, she said, Kleiner would have to obtain with a subpoena.
Both sides are due back in court Feb. 16.
An indictment returned by a grand jury in Hackensack in June said Messing committed theft by “purposely obtaining or retraining property or money” by “adding his name to the ‘Pay to the Order of’ line on the check issued to the municipality by High Point Utilities and depositing it last Dec. 11.
A borough native and the son of Councilwoman Cynthia Pirrera, Messing joined the force as an officer in 2003 after serving as a special police officer. He’s also been a borough EMT.
He’s been suspended since the borough charged him with theft a year ago.
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