New Supreme Court of New Jersey Decision – Witness Tampering in New Jersey

On January 18, 2024, the Supreme Court of New Jersey decided State v. William Hill, 256 N.J. 266 (2024), in which it addressed whether New Jersey’s witness tampering statute, N.J.S.A. 2C:28-5(a), was unconstitutionally overbroad. The Court held that although the statute was not facially overbroad, it may have been unconstitutionally applied to the defendant, William Hill, in this case. Therefore, the Court vacated Hill’s conviction of witness tampering in New Jersey and remanded for a new trial on that charge.

Facts and Procedural History of the Case: Witness Tampering in New Jersey

The case began on October 31, 2018, when A.Z., the victim, left her car running outside her home. She saw an unknown man attempting to steal the car, jumped into the car, and a struggle ensued. A.Z. later identified defendant William Hill from a photo array with 80% certainty.

Hill was charged with one count of first-degree carjacking in violation of N.J.S.A. 2C:15-2(a)(1). While Hill awaited trial, he sent a letter to A.Z., asserting his innocence and asking her to reconsider her identification of him. In a superseding indictment, Hill was charged with third-degree witness tampering in violation of N.J.S.A. 2C:28-5(a), in addition to the carjacking charge.

The Lower Courts’ Holdings

At trial, A.Z. testified that the letter terrified her, particularly since it showed that Hill knew where she lived. The prosecution focused heavily on the letter’s contents during the trial. The jury convicted Hill of first-degree carjacking and third-degree witness tampering. Hill moved for a new trial, arguing that the State failed to prove that he intended to cause A.Z. to testify falsely or otherwise obstruct the trial. The trial court denied the motion. The Appellate Division affirmed.

First Amendment and Witness Tampering in New Jersey: The Court’s Reasoning

The New Jersey Supreme Court granted Hill’s petition for certification limited to whether the witness tampering statute, N.J.S.A. 2C:28-5(a), was unconstitutionally overbroad. The Court found that the majority of the cases of witness tampering in New Jersey are entirely unrelated to speech and involve conduct or unprotected speech, such as threats or bribery. The Court held that the statute was not facially overbroad and did not disproportionately restrict free speech.

Application of the Witness Tampering Statute: Constitutional Concerns

However, the New Jersey Supreme Court found that although N.J.S.A. 2C:28-5(a) was not facially overbroad, it may have been unconstitutionally applied to Hill because he was prosecuted for the contents of his letter and the jury was not required to find that his letter constituted speech integral to criminal conduct. The Court found that Hill’s letter to A.Z. did not explicitly ask her to testify falsely or withhold testimony. Therefore, because the letter was facially innocuous, in order to prove that it was speech integral to witness tampering, the State was required to prove that Hill intended the letter to cause A.Z. to testify falsely, withhold any testimony or information, elude legal process, absent herself from a legal proceeding or investigation, or otherwise obstruct, delay, prevent, or impede an official proceeding or investigation. In the trial below, the jury was not so charged. As a result, the Court vacated Hill’s conviction for witness tampering and remanded the case for a new trial on that charge, but did not disturb Hill’s conviction for carjacking under N.J.S.A. 2C:15-2(a)(1).

Conclusion: Key Takeaways on Witness Tampering in New Jersey

The Supreme Court of New Jersey upheld the constitutionality of N.J.S.A. 2C:28-5(a), as not facially overbroad, but highlighted the importance of how the statute is applied, especially in cases involving speech. The case underscores the balance between preventing witness tampering in New Jersey and protecting a defendant’s First Amendment rights.

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