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
I think Fred's alerts are a great service to his audience and a very smart marketing tool. Keep up the good work, Fred.
Charles O
Google star 1Google star 2Google star 3Google star 4Google star 5
Today my life was about to change! With great communication and excellent service he was able to create the impossible!! I am now able to continue to drive for a living!! I highly recommend his services and trust his judgment-HE KNOWS HIS STUFF!!! He saved my life and livelihood today! Mr.Frank Sisto is an absolutely amazing attorney! Thank you again I’ll never forget this day! God Bless
Edward J
Google star 1Google star 2Google star 3Google star 4Google star 5
I had the pleasure of dealing with Mr Sisto personally from beginning to end. He was very Professional, very clear with his communication and acted quickly to find a solution to my particular issue. I HIGHLY recommend Frederick P Sisto to any and all who need an amazing and hard working attorney...
Eddie B
Google star 1Google star 2Google star 3Google star 4Google star 5
Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
Mel C
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
The most important thing an attorney can do for their client is get results in the courtroom. Fred Sisto did this for me, and did so in such a professional and communicative manner that I would absolutely recommend him to anyone in New Jersey who is dealing with criminal charges. Fred was able get results when other attorneys did not. I definitely recommend speaking with him.
Brian C
Google star 1Google star 2Google star 3Google star 4Google star 5
always feel better knowing I don't need to be stopped when I haven't done anything wrong it's a great service and gives me peace of mint
Liesel T
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Job! Enjoy getting the updates.
Ed R
Google star 1Google star 2Google star 3Google star 4Google star 5
He has helped numerous people stay out of trouble
Christopher B