A-2524-07T4
There can be no dispute that a criminal investigation
infected by racial animus would violate a defendant's due
process rights. Clearly there is no room for racial bias in any
law enforcement investigation.
On leave granted, the State argues that the trial court
erred in ordering the State to disclose to defendant records
relating to racial remarks made by a "senior officer" in the
prosecutor's office during a briefing on the case.
In the majority's view, where blatantly racist remarks have
been made by a "senior officer" during a briefing on the case,
due process requires that we allow discovery of relevant
information to determine whether the investigation and/or
prosecution was tainted by racism such that the outcome may have
been different.
A dissent was filed by Wefing, J.A.D.
