Accused man's right to evidence at issue in Irvington quadruple slaying (NJ)

[struggle4progress]

by William Kleinknecht/The Star-Ledger
Friday September 26, 2008, 12:05 AM

For accused killer Rolando Terrell, knowing what evidence investigators used to put him behind bars is a basic right guaranteed under New Jersey law.

For the Essex County Prosecutor's Office, a judge's decision to grant an arrest warrant is all the evidence a defendant is entitled to, at least until after a grand jury hears the case.

The simmering legal dispute centers on whether Terrell, a reputed gang member charged in the high-profile slayings of four people in an Irvington home, is entitled to learn what the basic evidence is against him in a probable cause hearing.

In a county where witnesses have been intimidated and even killed before they had a chance to testify, prosecutors have taken the position that some defendants are not entitled to access evidence in the pre-indictment stage ...

http://www.nj.com/news/ledger/topstories/index.ssf/2008/09/accused_mans_right_to_evidence.html