A Superior Court judge also ruled to release police reports and video from the night of the alleged attack to NJ Advance Media.
HACKENSACK -- A decision on whether the case against an off-duty state trooper who's accused of attacking a man after a football game at MetLife Stadium should be thrown out, has been delayed until later this summer.
Superior Court Judge Margaret Foti, sitting in Bergen County, delayed her decision until August 24 so that state prosecutors could convene another grand jury to hear the case against Trooper Steven Hodge and address some of the issues raised by the defense -- specifically, that Hodge was misidentified as the attacker.
Hodge's attorney, Robert Ebberup, alleged the first grand jury was not presented with reports from a detective at the scene identifying the suspect as someone other than Hodge.
A New York man, Nicholas Guidi, alleged he suffered a broken nose when Hodge attacked him with a beer bottle on Nov. 14, 2014 following a game between the San Francisco 49ers and the New York Giants.
Guidi, a 49ers fan, claims he was in a van with his brother and friends when he got into an argument with Hodge and his brother.
Hodge remains suspended without pay after he was indicted last fall.
Dion Findley, Assistant Prosecutor, said the state will convene another grand jury by July with the reports brought up by Hodge's attorney as well as potential witnesses that will be subpoenaed.
Judge Foti also ruled to release police reports and a video in the case to NJ Advance Media. Both the defense and prosecution argued that releasing the video could affect potential jurors and make jury selection difficult.
Earlier this month, State Police denied a request from NJ Advance Media for other records from the night of the alleged attack. In response to an Open Public Records Act request, the division claimed they had no video record or photographs from Guidi's arrest and withheld police reports under an exemption for criminal investigatory records.
NJ Advance Media requested records attached as exhibits to Hodge's motion to dismiss, arguing that they are a matter of public record.
In allowing the release of the video, after the victim seen in the video is contacted next week, Judge Foti said the court has procedures in place to ferret out juror bias.
Ebberup has argued that prosecutors ignored evidence showing Hodge's alleged victim, Nicholas Guidi, initially identified the off-duty trooper's brother as the person who attacked him in a parking lot following a New York Giants game.
Judge Foti said she will make a decision in the case on the August date, whether or not the state reconvenes a grand jury.
Fausto Giovanny Pinto may be reached at fpinto@njadvancemedia.com. Follow him on Twitter @FGPreporting. Find NJ.com on Facebook.