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STATE v. BYRD

A-105 September Term 2007.

967 A.2d 285 (2009)

198 N.J. 219

STATE of New Jersey, Plaintiff-Appellant, v. Dionte BYRD, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Freddie Dean, Jr., Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Daniel I. Bornstein, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney).

Andrew F. Schneider argued the cause for respondent Dionte Byrd.

Mark H. Friedman, Assistant Deputy Public Defender, argued the cause for respondent Freddie Dean, Jr. (Yvonne Smith Segars, Public Defender, attorney; Mr. Friedman and William P. Welaj, Former Designated Counsel, on the briefs).

Sharon Bittner Kean, Madison, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey.

Justice ALBIN delivered the opinion of the Court.

Witness intimidation in cases involving gangs, drug racketeers, organized crime, and domestic violence has become a significant challenge to the criminal justice system. In this appeal, we must decide whether, under our Rules of Evidence, a witness's hearsay statement implicating a defendant in a crime should be admissible, when through violence, intimidation, or other unlawful means, the defendant makes the...

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