John posterino in nj driver#
We are aware the trial judge heard the threats at the time he listened to all the tapes during a Driver 1 hearing. We have not been supplied with copies of transcripts of the conversations and the record does not reflect the language of the actual threats. Breitweiser and their alleged attempts to extort repayment through threats of harm. Breitweiser wore a "body mike" and recorded several conversations with defendants arising from an alleged usurious loan of $2,500 defendants made to Mr. Breitweiser agreed to cooperate with the State during its investigation of defendants in 1987 and did so over a 10-month time period. Following an arrest for sale of cocaine, Mr. One of the State's primary witnesses is an individual whose real name is Charles Breitweiser. The criminal activity is alleged to have occurred between May 1986 and June 1988. We modify and remand for further consideration.ĭefendants have been indicted for numerous offenses including loan sharking and gambling.
Although the State objected on the basis of prior threats of harm to the witness attributed to defendants some three years earlier, the trial court concluded the defendants' sixth amendment right to confrontation outweighed the State's need to protect its witness. In this interlocutory appeal the State challenges an order permitting defendants to ask a principal State witness on cross-examination his current name and address. The opinion of the court was delivered by CONLEY, J.S.C.
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