NJ Prosecutors Faulted For Secret Tape of Defense Atty

Law360 (October 29, 2019, 9:27 PM EDT) -- County prosecutors in New Jersey who put a wire on a paid informant and secretly recorded a criminal defense lawyer violated a defendant's right to "unimpeded" access to counsel and the attorney's protected work product, a state appeals court ruled Tuesday.

Likening the surreptitious recording to prosecutors "hiding in the closet," the court agreed that a trial judge's limited fix for the violation — barring the state from using the tape at trial — had to be augmented, and directed the state Attorney General to get "untainted" prosecutors to handle the case going forward.

"The Middlesex County Prosecutor's Office shall immediately...

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