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STATE v. D.A.

923 A.2d 217 (2007)

191 N.J. 158

STATE of New Jersey, Plaintiff-Respondent, v. D.A., Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 4, 2007.

Attorney(s) appearing for the Case

Amira Rahman Scurato, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Scurato and Steven M. Gilson, Designated Counsel, on the briefs).

Daniel I. Bornstein, Deputy Attorney General, argued the cause for respondent (Stuart Rabner, Attorney General of New Jersey, attorney).

Justice LONG delivered the opinion of the Court.

This case centers on the meaning of the language in the witness tampering statute, N.J.S.A. 2C:28-5(a), that criminalizes a defendant's knowing attempts to silence a witness while "believing that an official proceeding or investigation is pending or about to be instituted." In particular, we are asked whether a threat by a defendant against a person who has observed him in a crime, with the purpose to forestall...

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