State

833 A.2d 692, 363 N.J. Super. 529, 2003 N.J. Super. LEXIS 323
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 30, 2003
StatusPublished
Cited by1 cases

This text of 833 A.2d 692 (State) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, 833 A.2d 692, 363 N.J. Super. 529, 2003 N.J. Super. LEXIS 323 (N.J. Ct. App. 2003).

Opinion

The opinion of the court was delivered by

WINKELSTEIN, J.A.D.

For throwing rocks at moving cars, thirteen-year-old V.M. was adjudicated delinquent on five counts of criminal mischief and five counts of simple assault. The trial judge placed him on probation for eighteen months. On appeal, the most significant issue is whether the trial judge erred when he sequestered the juvenile’s mother from the courtroom during the juvenile’s adjudicatory hearing (trial). We conclude that excluding her from the trial was a manifest abuse of discretion. Accordingly, we reverse V.M.’s adjudication of delinquency and remand for a new trial.

The facts are straightforward. V.M. was accused of throwing rocks at vehicles traveling on 1-676 in the area of Morgan Boulevard in Camden on August 24, 2001. Two of the victims whose cars had been struck saw V.M. running from the scene, chased him and caught him. V.M. denied being involved. He said, “they’re always blaming me,” and, “it was them.” He then [532]*532started to cry. Multiple witnesses at the scene identified him as the offender.

At trial, before witnesses were called, defense counsel advised the court that V.M.’s mother “may be a witness,” but asked, “that she nonetheless be allowed to sit in the courtroom.” V.M.’s mother was his only parent in attendance. The prosecutor objected, arguing that if V.M.’s mother was going to be a witness, “I would ask that she step out.” The court responded, “Okay. Like all other witnesses, I assume — ” After agreeing that the state trooper who was scheduled to testify should also be sequestered, the court stated, “Reciprocal order. All right. Mom, if you’ll have a seat outside ... they will all be sequestered.” Although she was sequestered, V.M.’s mother was not called as a witness.

During the trial, five witnesses whose cars were struck by rocks were called by the State. With one exception, each either identified V.M. as the rock-thrower or testified that rocks were thrown by an African-American juvenile with an “Afro” hairstyle, wearing a white t-shirt. V.M. matched that description.

New Jersey State Trooper Kavanagh1 was dispatched to the area where the incident occurred. Upon his arrival, he observed the vehicles that had been struck by rocks were lined up on the shoulder of the road. He obtained statements from both passengers. and drivers of the vehicles. Four victims informed the trooper that “a young male, black, with an Afro and white t-shirt had thrown rocks at their vehicles.” After the two individuals who had chased V.M. brought him back to the scene, multiple victims identified V.M. to the trooper as the juvenile who had thrown rocks at their vehicles. V.M., again, denied the allegations.

During the course of the trial, the defense called three witnesses. Included was Norma Reyes, who was offered to testify as a character witness for V.M. The judge barred her testimony.

[533]*533Testifying in his own defense, V.M. denied throwing rocks at the vehicles. He said he remembered seeing a group of “black kids with white t-shirts and Afros” in the area where the incident took place.

In adjudicating defendant delinquent, the judge said, “four of the five [witnesses] who testified clearly could articulate ... that it was [V.M.]____In my mind, that is compelling beyond a shadow of a doubt.”

We now turn to the primary issue on appeal: whether the court erred when it sequestered V.M.’s mother from the courtroom during the trial. Whether to sequester a witness is generally discretionary with the trial court. State v. DiModica, 40 N.J. 404, 413, 192 A.2d 825, 830 (1963). The use of sequestration prevents “prospective witnesses from hearing what the other witnesses will detail in their evidence, ‘for the less a witness hears of another’s testimony the more likely is he to declare his own knowledge simply and unbiased.’ ” Ibid. (quoting State v. Zellers, 7 N.J.L. 220, 226 (Sup.Ct.1824)). “Ordinarily, the sound exercise of [the trial court’s] discretion requires granting a timely motion for sequestration.” Morton Bldgs., Inc. v. Rezultz, Inc., 127 N.J. 227, 233, 603 A.2d 946, 949 (1992); see also N.J.R.E. 615 (order sequestering witness may be entered at request of party or on court’s own motion).

These general principles, when applied to the vast majority of witnesses, are well founded. However, whether to sequester the parent of a juvenile in attendance at his or her child’s adjudicatory hearing implicates additional considerations not applicable to other witnesses. Although our research has uncovered no New Jersey precedent directly on point, the importance of the presence of an accused juvenile’s parents at critical stages of the juvenile delinquency process is firmly established. The New Jersey Code of Juvenile Justice, N.J.S.A. 2A:4A-20 to -88 (Code), explicitly gives an accused juvenile’s parent the right to participate in the juvenile’s detention hearing, N.J.S.A. 2A:4A-38, as well as the right to apply to the court to include public attendance during [534]*534any court proceeding in the delinquency case. N.J.S.A. 2A:4A-60i(1). Indeed, the law recognizes that a juvenile’s family members need to be involved in both the adjudicatory and rehabilitative process. See N.J.S.A. 2A:4A-21; N.J.S.A. 2A:4A-42.

In the context of a police interrogation of a juvenile, the New Jersey Supreme Court has discussed the need for a juvenile to have a family member present. See State v. Presha, 163 N.J. 304, 748 A.2d 1108 (2000). Justice Verniero, speaking for the Court, said: “the parent serves as advisor to the juvenile, someone who can offer a measure of support in the unfamiliar setting of the police station----Parents are in a position to assist juveniles in understanding their rights, acting intelligently in waiving those rights, and otherwise remaining calm in the face of an interrogation.” Id. at 314-15, 748 A.2d 1108. See also State v. AG.D., 178 N.J. 56, —, 835 A.2d 291, — (2003) (juvenile’s immaturity limits his ability to make knowing intelligent waiver of rights, requiring added layer of protection).

We recognize that during an adjudicatory hearing the juvenile is represented by counsel, which is generally not the case when a juvenile is interrogated at a police station. Even so, the reasons for permitting a juvenile’s parent to be present during the police interrogation are equally applicable at the juvenile’s trial. In most cases, the juvenile’s attorney is an assigned public defender — a stranger to the juvenile. The juvenile’s parent provides a degree of comfort and support for the juvenile in an unfamiliar setting, as well as an added layer of protection, that the child’s attorney does not.

There exists yet another, and more concrete, reason to preclude the sequestration of the parent of a juvenile accused of delinquency.

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Related

State Ex Rel. Vm
833 A.2d 692 (New Jersey Superior Court App Division, 2003)

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Bluebook (online)
833 A.2d 692, 363 N.J. Super. 529, 2003 N.J. Super. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-njsuperctappdiv-2003.