A jury convicted defendant of, among other offenses, two counts of attempted murder. Defendant raised pathological intoxication, N.J.S.A 2C:2-8(e)(3), as a defense, attributable to his use of then legally available synthetic marijuana. The prosecutor, while examining the State's psychopharmacology forensic expert, played portions of defendant's four-hour recorded interview. In summation, the prosecutor played portions of defendant's interview again, arguing that defendant's statements directly undercut the defense. The trial judge did not instruct jurors to limit their use of defendant's statements to assessing the merits of the expert's opinion.
The court vacated the conviction and remanded for a new trial, on the basis that the uncounseled statements were used as direct evidence in the absence of any limiting instruction, thereby violating long-standing precedent. A jury must be told that they may not use as direct evidence information provided by a defendant during a mental status interview with a State's expert
