Cross-examining Informants (Part 2)

by | Nov 27, 2020 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court continued in relevant part: At summation, the State stressed that “Clarke was never offered the lowest sentence. On that type of crime, . . . he could have been given straight probation. Straight probation. And he was offered, by the State, three years in state prison. The State didn’t take that back and give him 180 days. The judge did it . . . .” The jury acquitted defendant and Taylor of burglary and theft but convicted them of conspiracy to commit burglary. The Appellate Division affirmed defendant’s conviction. The New Jersey Supreme Court granted certification. 239 N.J. 517 (2019)

Under the circumstances here, the jury should have had full access to the cooperating witness’s plea agreement history through the defense counsel’s unfettered examination of that history. The trial court’s limitations on defendant’s cross examination were in error. Defendant was deprived of his right to confrontation and denied a fair trial. His conviction for conspiracy to commit burglary is vacated. The Confrontation Clause permits a defendant to explore, through cross-examination, the potential bias of a prosecution’s witness. A trial court may impose reasonable limits on such cross-examination based on concerns about, among other things, harassment, prejudice, confusion of the issues, the witness’s safety, or interrogation that is repetitive or only marginally relevant. But the competing interest proffered to limit a defendant’s confrontation right must be closely examined.

In State v. Bass, the Court held that, “if a witness faces a pending investigation or unresolved charges when he or she gives a statement to law enforcement, cooperates with the prosecution in preparation for trial, or testifies on the State’s behalf, that investigation or charge is an appropriate subject for cross-examination.” 224 N.J. 285, 305 (2016). That determination is consistent with United States Supreme Court holdings.

A fair compromise here would be to conceal the degree of the crime that the defendant on trial is facing from the jury. That way, if cross-examination elicits the maximum penalty for a cooperating witness’s pending charge, there will be no direct inference as to what the defendant at trial is facing as a potential penalty.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
Daniel K
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Like clockwork thank you for all the info
Lee M
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P