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The case being presented today was State of New Jersey v. David Connor. This case is being presented in the Superior Courts of New Jersey at 50 West Market Street floor 10 Room 1004, Newark, NJ. The observation took place July 1, 2008 from 9AM until 3:30PM. The charges against the defendant David Connor are first-degree murder, second-degree aggravated assault, second-degree disturbing/moving human body, third degree unlawful possession of a weapon, and third degree possession of a weapon for an unlawful purpose. David Connor has a co-defendant by the name of Tareek Gilliam. The judge presiding over the case is the Honorable Joseph Cassini. Romesh Sukhdeo is the assistant prosecutor from the Essex County Prosecutors Office and John McMahon is the public defender representing the defendant.
Honorable Joseph Cassini began the morning addressing a motion to dismiss the indictment submitted by the public defender McMahon on the grounds that the prosecutor answered questions for the jury and the actions of the assistant prosecutor were inappropriate. The motion also stated that the assistant prosecutor became the witness. The judge also reviewed the proceedings that were mentioned in the motion to dismiss the indictment in which the prosecutor actually was answering questions the jury members had asked.
Honorable Joseph Cassini sighted numerous cases including State v Bennett, A-2157-04T5 where the prosecutor misstatements and improper comments constitutes misconduct, and State v Francis, A-6635-04T2 where the case addressed the prosecutor’s use of the grand jury in defendant’s capital murder trial for the purpose of obtaining mitigation evidence for preparation of the State's case for the penalty phase of the trial violated the dominant purpose test and constituted prosecutorial misuse of the grand jury as the test applie

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