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State v. Schamberg

Decided: January 11, 1977.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
ALAN SCHAMBERG, DEFENDANT-RESPONDENT



Carton, Kole and Larner. The opinion of the court was delivered by Larner, J.A.D.

Larner

This is an appeal by the State from the dismissal of an indictment for perjury committed by defendant as a witness before the grand jury. The dismissal was granted because of prosecutorial interference with the independence of the grand jury.

Defendant signed a waiver of immunity after being advised that he was a target of an investigation into the East Rutherford Sewerage Authority of which he was a commissioner. Toward the end of his testimony the assistant prosecutor asked him a series of questions pertaining to conversations with others relating to the subject matter under inquiry. He denied having had such conversations.

After his repeated denials the prosecutor stated:

Q Mr. Schamberg, I just want to tell you now that I'm going to give you one last opportunity to recant the testimony you have just given.

After that you will not have any opportunity to do that. Do you understand?

A (Witness nods in the affirmative.)

Q Okay. Fine.

A Yes.

Q I have reason to believe that you have just perjured yourself and I reiterate to you that you have the right to remain silent and anything you say can be and will be used against you.

You have the right to consult with an attorney.

I want to ask you one more time if you wish to change any of the last answers ...


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