The court considered whether it was proper pre-trial for the trial court to review in camera a statement taken by defendant's investigator of a State's witness and redact inculpatory portions. Defendant requested this procedure as he only wanted to use the portions of the statement that were favorable to him. The State was only provided with the redacted statement.
The court concluded the process employed by the trial court was contrary to the intent established under Rule 3:13-3 and State v. Williams, 80 N.J. 472 (1979). The panel stated if a defendant wishes to use a statement or information taken from a State's witness, he or she must decide prior to trial, advise the State, and produce the statement.
Redaction of the statement prior to disclosure is only appropriate for any asserted work product privileged information. If defendant refuses to declare his or her intentions prior to trial regarding a statement, a trial court must consider the appropriate remedy under Rule 3:13-3(f). The procedure employed here deprived the State and its witness of the opportunity to assess the veracity of the statement.
