State v. D.A.

This case centers on the meaning of the language in the witness tampering statute, N.J.S.A. 2C:28-5(a), that criminalizes a defendant’s knowing attempts to silence a witness while “believing that an official proceeding or investigation is pending or about to be instituted.” In particular, we are asked whether a threat by a defendant against a person who has observed him in a crime, with the purpose to forestall official action, will satisfy the above-cited language.

On a motion for a judgment of acquittal, the trial judge answered that question in the affirmative. Thereafter, defendant was…