In State v. Guerino, a county prosecutor invited a robbery victim to the local courthouse about 22 months after the robbery — and two weeks prior to trial — to observe a group of shackled inmates being marched through the halls to a courtroom. The unusual (some would say unethical) practice was supposedly for “trial prep.” But after watching the parade of inmates, which included the defendant, the witness changed from 80% sure that the defendant was the perpetrator to 100% sure. Applying R. 3:11 and case law, the Appellate Division found plenty to fault the prosecutor for. In the end, the Appellate Division remanded for a comprehensive Rule 104 hearing. The case presented additional ID issues and is a must-read for criminal practitioners. It will likely end up in N.J. Supreme Court.
