State v. Henderson and the New Model Jury Charges - New Jersey ...
State v. Henderson and the New Model Jury Charges - New Jersey ...
State v. Henderson and the New Model Jury Charges - New Jersey ...
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a-8-08.opn.html<br />
your selection. It is your choice alone that<br />
counts. Please do not discuss whe<strong>the</strong>r you<br />
selected a photograph with any o<strong>the</strong>r witness<br />
who may be asked to look at <strong>the</strong>se photographs.<br />
To acknowledge that he understood <strong>the</strong> instructions, Womble signed <strong>the</strong><br />
form.<br />
Detective Weber pre-numbered <strong>the</strong> eight photos, shuffled <strong>the</strong>m, <strong>and</strong> showed<br />
<strong>the</strong>m to Womble one at a time. Womble quickly eliminated five of <strong>the</strong> photos.<br />
He <strong>the</strong>n reviewed <strong>the</strong> remaining three, discounted one more, <strong>and</strong> said he<br />
“wasn’t 100 percent sure of <strong>the</strong> final two pictures.” At <strong>the</strong> Wade hearing,<br />
Detective Weber recalled that Womble “just shook his head a lot. He seemed<br />
indecisive.” But he did not express any fear to Weber.<br />
Weber left <strong>the</strong> room with <strong>the</strong> photos <strong>and</strong> informed MacNair <strong>and</strong> Ruiz that <strong>the</strong><br />
witness had narrowed <strong>the</strong> pictures to two but could not make a final<br />
identification. MacNair <strong>and</strong> Ruiz testified at <strong>the</strong> hearing that <strong>the</strong>y did not know<br />
whe<strong>the</strong>r defendant’s picture was among <strong>the</strong> remaining two photos.<br />
MacNair <strong>and</strong> Ruiz entered <strong>the</strong> interview room to speak with Womble.<br />
According to MacNair’s testimony at <strong>the</strong> Wade hearing, he <strong>and</strong> Ruiz believed<br />
that Womble was holding back -- as he had earlier in <strong>the</strong> investigation -- based<br />
on fear. Ruiz said Womble was “nervous, upset about his fa<strong>the</strong>r.”<br />
In an effort to calm Womble, MacNair testified that he “just told him to focus,<br />
to calm down, to relax <strong>and</strong> that any type of protection that [he] would need, any<br />
threats against [him] would be put to rest by <strong>the</strong> Police Department.” Ruiz<br />
added, “just do what you have to do, <strong>and</strong> we’ll be out of here.” In response,<br />
according to MacNair, Womble said he “could make [an] identification.”<br />
MacNair <strong>and</strong> Ruiz <strong>the</strong>n left <strong>the</strong> interview room. Ruiz testified that <strong>the</strong> entire<br />
exchange lasted less than one minute; Weber believed it took about five<br />
minutes. When Weber returned to <strong>the</strong> room, he reshuffled <strong>the</strong> eight photos <strong>and</strong><br />
again displayed <strong>the</strong>m to Womble sequentially. This time, when Womble saw<br />
defendant’s photo, he slammed his h<strong>and</strong> on <strong>the</strong> table <strong>and</strong> exclaimed, “[t]hat’s<br />
<strong>the</strong> mo<strong>the</strong>r [------] <strong>the</strong>re.” From start to finish, <strong>the</strong> entire process took fifteen<br />
minutes.<br />
http://njlaw.rutgers.edu/collections/courts/supreme/a-8-08.opn.html[4/15/2013 6:04:23 PM]
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