Alan Silber, a partner in the firm’s Criminal Defense practice, was quoted in article on law.com “‘Exercise Caution’ in Promising Witness Testimony, Court Says in Case of Reversed Murder Conviction.” Silber, together with CJ Griffin, Director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden, represented amicus the Association of Criminal Defense Lawyers of New Jersey. The article discusses the recent New Jersey Supreme Court decision upholding the Appellate Division’s decision to overturn the murder conviction of Carey R. Greene after the prosecutor in opening remarks told the jury that the State would present Greene’s grandmother, to whom he allegedly confessed, but then did not produce the grandmother as a witness during trial.
Alan Silber of Pashman Stein Walder Hayden in Newark, along with CJ Griffin of the same firm, argued for an amicus, the Association of Criminal Defense Lawyers of New Jersey.
“When the State was not able to produce the grandmother, the jury had heard the damaging evidence but without Greene having an opportunity to confront such testimony, which the Supreme Court found was actually the State’s most effective piece of evidence,” Silber said in an email. “The New Jersey Supreme Court said that such a process was unfair and violated the Due Process Clause of the 14th Amendment. Greene may be retried.”
Please click here for an online version of the New Jersey Law Journal article on law.com.