STATE OF NEW JERSEY VS. GARY TWIGGS
DOCKET NO. A-4417-14T1
The court affirms the trial court's dismissal of an indictment prosecuted beyond the statute of limitations, pursuant to N.J.S.A. 2C:1-6. Contrary to the State's argument, we hold that the statutory tolling provision in N.J.S.A. 2C:1-6, for situations in which "the actor" is identified by means of DNA evidence, refers to the individual whose DNA is analyzed. The court concludes that the statute of limitations is not tolled for a defendant identified by another actor whose
prosecution is supported by DNA evidence. Instead, it applies only to those who perpetrated criminal activity.
A dissenting opinion was filed by Judge Leone.
