Joseph Bontempo v. Peter Fenton, Warden, Rahway State Penitentiary, and James R. Zazzali, Attorney General of the State of New Jersey

I agree with the majority that the state trial proceedings in this case were “unusual” and “unorthodox.” In fact, that is a restrained understatement. Possibly as a result of the “unusual” nature of the proceedings, the usual precautions which have evolved to guarantee a defendant’s constitutional rights were not followed. Therefore, I agree with the district court that a new trial is required.

Without detailing all of the proceedings of the trial, some of which are referred to in the majority’s opinion, I highlight the salient events. Contrary to the prevailing view, the state trial judge was…