4-2-09 State v. Dionte Byrd (A-105-07)
State v. Freddie Dean, Jr.
Defendants’ convictions are reversed and the matter is remanded
for a new trial because the trial court improperly introduced
the statement of a witness who allegedly was made unavailable by
intimidation, examined the witness outside the presence of
defendants and their counsel, took testimony without placing the
witness under oath, and denied defendants the opportunity to
present evidence to rebut the evidence of intimidation. The
Court determines also to seek the adoption of a forfeiture-by-
wrongdoing exception to the hearsay rule that will allow the
admission of a witness’s statement offered against a party who
has engaged in wrongdoing that was intended to, and did, procure
the unavailability of the witness.
