McGann, J.c.c. (temporarily assigned).
Similar motions were filed in each of the above matters. They were consolidated for argument and decided the same day as the argument, to avoid trial delays. Because defense counsel indicated that, if convicted, each defendant would appeal both the conviction and this pretrial decision, the court indicated that an opinion would be filed setting forth the reasons for the denials.
Defendant Fisher was indicted, along with four others, for armed robbery, breaking and entering with intent to rob, conspiracy to commit robbery, and conspiracy to break and enter with intent to rob. Pursuant to an appropriate discovery order defendant received a copy of the transcript of the grand jury minutes containing the testimony leading to his indictment. An investigating officer, one of the victims, a neighbor and a sixth conspirator, Henry C. Brandimarte, testified. The testimony of Brandimarte supplied the identification of the five defendants. There was also testimony from a State Police detective who coordinated the investigation. At the close of his testimony the following appeared:
MR. APPLEGATE: Thank you, Detective.
JUROR: Could I ask an off-the-record question?
MR. APPLEGATE: Off the record.
(Discussion off the record)
EXAMINATION BY THE GRAND JURY:
Q. Did they make any statement?
A. These other individuals? None of them are aware that this investigation has proceeded to the point other than Henry C. Brandimarte.
Q. What is he getting in consideration of this leniency as the State's witness?
A. Just the State's witness, from my understanding.
Q. Was there any identification from Mr. Saggese of any of the individuals?
A. No. He was shown photographs, that was Mr. Saggese, and Mr. Samuel Canneto; and they were unable to pick out any of the photographs of the individuals involved.