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STATE v. SANTIAGO

250 N.J. Super. 30 (1991)

593 A.2d 357

STATE OF NEW JERSEY, PLAINTIFF, v. CARLOS SANTIAGO, DEFENDANT-APPELLANT. IN RE KINGA BORONDY.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1991.

Attorney(s) appearing for the Case

John J. Convery, Assistant Deputy Public Defender, argued the cause for the appellant, Santiago, in A-1629-90T3F and respondent, Santiago, in A-1673-90T3F, (Wilfredo Caraballo, Public Defender of New Jersey, attorney).

Steven L. Lapidus argued the cause for the respondent, Kitts, in A-1629-90T3F and appellant, Borondy, in A-1673-90T3F, (Robinson, St. John & Wayne, attorneys; Edward F. Lamb, Steven L. Lapidus and Donna M. duBeth, on the brief).

Before Judges ANTELL, SCALERA and KEEFE.

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

The issues presented on appeal are: 1) once a newsperson invokes the privilege afforded by the Shield Law, N.J.S.A. 2A:84A-21 et seq., who has the burden of proving the eyewitness exception to the privilege provided in N.J.S.A. 2A:84A-21a(h) of the law, and 2) can a newsperson's testimony be compelled in order to supply the threshold evidence necessary to overcome the exception?

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