The state appellate division ruled the defense team can examine the truck allegedly used to transport the make-shift plastic bottle bombs without prosecutors present.
NEW BRUNSWICK -- The defense team for the ex-Edison police officer charged with firebombing his supervisor's house will be allowed to examine the truck allegedly used to transport the make-shift bombs without prosecutors present, an appeals court ruled.
The ruling upheld a trial court's decision on a request by Michael Dotro's attorney to inspect the truck. The attorney argued having prosecutors present could tip off the office to a potential defense before the trial.
Dotro, who spent 10 years on the force before resigning in September, is expected to stand trial in April or May on multiple charges, including five counts of attempted murder, for his alleged role in setting his police captain's house on fire while his family and 92-year-old mother were asleep.
The ruling came with additional provisions to protect the evidence, including a camera focused on the expert's hands at all times and a second camera recording the rest of the truck.
The trial court's original ruling required two retired Superior Court judges to oversee the inspection, which would be scheduled with the Middlesex County Prosector's Office at least three weeks in advance. The prosecutor's office appealed that original ruling, leading to Monday's decision.
Dotro is accused of driving the dark-colored pickup to the home of Edison police Capt. Mark Anderko on May 20, 2013, and igniting two one-gallon jugs on the captain's front porch between 3 and 4 a.m., according to the ruling which detailed the investigation's findings.
Authorities said they found the jugs -- one labeled Poland Springs and the other QuickChek -- at the scene and remnants of blue rags, which they believed were used as wicks to set the fire.
Similar blue rags were found in the front seat of Dotro's 2001 Dodge Truck and smelled of gasoline, according to authorities.
Video surveillance from the QuickChek near Anderko's home shows a dark-colored pickup turn out of the parking lot towards the Monroe Township house just minutes before the fire erupted, the court papers say.
The video shows a similar pickup drive past the QuickCheck coming from the direction of Anderko's home 15 minutes later, court paper said. The prosecutor's office alleges was enough time to make the round-trip and set the jugs on fire, according to the court papers.
Dotro's attorney Robert Norton filed a motion to inspect the truck after viewing the surveillance video.
Some of the towels found among the charred debris at the Anderko's home were surgical towels used by the medical center where Dotro's wife, Alycia Dotro, worked, authorities said.
The ruling also points out that some of the evidence favors Dotro's defense.
Passing the QuickChek would not be the most direct route home for Dotro and gasoline found his Manalapan house could have been stored for his generator and snow blower, the ruling said. Also, a hair sample and a fingerprint on the jugs did not match Dotro's, according to the court papers.
One of the two hair samples found at the scene was lost two years by the FBI laboratory.
A judge reduced Dotro's bail to $800,000 in December and lifted his travel restrictions.
Dotro was given two years probation as part of plea deal in January for his role in a plot to get back at another officer for giving his family member a DUI. He is also accused of scheming to firebomb another supervisor's house, although the plot never materialized.
Alycia Dotro was indicted on accusations of lying to officials and illegal access to police records in an alleged tire slashing.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.