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STATE v. SCHERZER

301 N.J. Super. 363 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KEVIN SCHERZER, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. KYLE SCHERZER, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHRISTOPHER ARCHER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 20, 1997.

Attorney(s) appearing for the Case

John Vincent Saykanic, J. Michael Blake, Assistant Deputy Public Defender, and Neal M. Frank argued the cause for appellants (Susan Reisner, Public Defender, attorney; Mr. Saykanic, of counsel, and on the brief for appellant, Kevin Scherzer; Mr. Blake, of counsel, and on the brief for appellant, Kyle Scherzer; Mr. Frank, of counsel, and on the brief for appellant, Christopher Archer).

Elizabeth Miller-Hall argued the cause for respondent (Clifford Minor, Essex County Prosecutor, attorney; Ms. Miller-Hall, Barbara Rosenkrans, and Elizabeth Duelly, of counsel, and on the brief; Robert Laurino and Nina Bonner, on the brief).

Before Judges SHEBELL, BAIME and BRAITHWAITE.

The opinion of the court was delivered by SHEBELL, P.J.A.D.

In May 1990, defendants, Kevin Scherzer and Kyle Scherzer, twin brothers, were indicted, along with three co-defendants, Peter Quigley, Richard Corcoran, Jr., and John Maher, on various sexual assault charges allegedly committed against a mentally defective victim, M.G. In September 1990, the prosecutor's application to have three juveniles, Christopher Archer, his brother Paul Archer, and Bryant Grober,...

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