Richard W. Hochman and Harvey George v. John J. Rafferty, State of New Jersey and Hudson County Prosecutor

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

This appeal concerns a prosecutor’s constitutional duty to present known exculpatory evidence to a grand jury. Because the prosecutor’s conduct before the grand jury that indicted appellants did not breach the requirements of the due process clause, we will affirm the district court’s denial of appellants’ petition for a writ of habeas corpus.

I

Martin Salerno was killed, by two gunshots to the head, while sitting in his van on Eastern Parkway in Jersey City, New Jersey, on July 11, 1974. Later that year, a grand jury was convened in…