State v. Hogan

In State v. Hogan, 144 N.J. 216, 676 A.2d 533, the New Jersey Supreme Court considered the related question of whether it is incumbent upon a prosecutor to present exculpatory evidence to a grand jury. Departing from federal precedent, see United States v. Williams, 504 U.S. 36, 112 S. Ct. 1735, 118 L. Ed. 2d 352 (1992), the Court invoked its supervisory power and held that a grand jury "cannot be denied access to evidence that is credible, material, and so clearly exculpatory as to induce a rational grand juror to conclude that the State has not made out a prima facie case against the accused." Id. at 236, 676 A.2d 533. To qualify, the exculpatory evidence must squarely refute an element of the crime. Id. at 237, 676 A.2d 533. Moreover, the exculpatory value of the evidence must be analyzed "in the context of the nature and source of the evidence, and the strength of the State's case." Ibid. The Court emphasized that the prosecutor need not "construct a case for the accused or search for evidence that would exculpate the accused." Id. at 238, 676 A.2d 533. The Court did not explicitly adopt a standard of review in determining whether a prosecutor's failure to present exculpatory evidence requires vitiation of an indictment. While noting that such a failure "may raise questions about the prosecuting attorney's good faith and could deprive the grand jury of the opportunity to screen out unwarranted prosecutions," the Court observed that ascertaining the exculpatory value of evidence at early stages in the proceedings can be a difficult task, and a reviewing judge "should act with substantial caution before concluding that a prosecutor's decision in that regard was erroneous." Id. at 238-39, 676 A.2d 533.