Value of Evidence vs. Testimony in Prostitution Case

John R. Salyerds was arrested in 2016 in a hotel room and charged with engaging in prostitution as a patron in violation of N.J.S.A. 2C:34-1(b)(1) in State of New Jersey v. John R. Salyerds. Salyerds sought dismissal as police failed to preserve what he felt to be exculpatory evidence under Brady v. Maryland, 373 U.S. 83, 87 (1963). Specifically, the State conducted a sting operation by posting internet ads soliciting individuals to call a specific phone number to set up a meeting with a prostitute. The State indicated the ad offered a “$50 short stay special” with the phone number the Salyerds called but the State failed to produce the advertisement. Salyerds maintained the contents of the ad were actually exculpatory and necessary if the State intended to rely on the contents of the ad as evidence that he engaged in prostitution. The prosecution maintained that the ad was not critical as they intended to rely on a recording of the defendant while at the motel to prove their case. Evidence produced at trial demonstrated that the Defendant called a telephone number associated with numerous similar internet ads placed by police as part of a sting operation to solicit individuals to come to a certain destination to meet a detective posing as a prostitute and asked for the “$50 special” and arranged to meet with the detective at a motel room. An audio recording was played in which the Defendant indicated he was there for the “short stay special” and the detective told him to put the money on the table at which time other detectives entered the room and arrested the Defendant. The specific content of the ads was not provided in evidence and the municipal judge prohibited testimony in that regard. The Defendant maintained that he did nothing and no contact occurred. The detectives testified that the money was not on the table prior to the Defendant entering the room and further testified as to what the “short stay special” was. After hearing all testimony, the municipal judge found the Defendant guilty. On appeal, Defendant argued that the prosecutor lied about the existence of material evidence, specifically the advertisement, and that the officer who testified as to the meaning of the “Short stay special” was not a qualified expert witness. The Defendant specifically included that, pursuant to State v. Nash, 212 N.J. 518 (2013), the prosecution is obligated to turn over all exculpatory evidence to the Defendant and that failure to provide same is a violation of the Defendant’s due process rights. Pursuant to State v. Martini, 160 N.J. 248 (1999), if the Defendant shows that the prosecution suppresses material information favorable to the Defendant, the prosecution commits a Brady violation. George v. City of Newark, 384 N.J. Super 232 (App. Div. 2006) indicates that suppression, not the absence or existence of bad faith, violates due process. Pursuant to State v. Mustaro, 411 N.J. Super 91 (App. Div. 2009), if the evidence is no longer available for the Defendant to use in demonstrating its value, the Defendant must establish bad faith on the part of the prosecution in destroying the evidence. The Appellate Division found no proof of bad faith or any exculpatory value in the missing advertisement. However, after significant review regarding what constitutes expert opinion, the Appellate Division did hold that the court erred in admitting the detective’s testimony as to what the “short stay special” meant. On those grounds, the Appellate Division vacated the conviction and remanded for a trial de novo in the municipal court without consideration of the detective’s opinion of the meaning of the short stay special or any specialized knowledge the judge may have of similar operations by the local police department. If you have been charged with a crime, your future is on the line. Visit DarlingFirm.com for information or call 973-584-6200 to set up a consultation and begin protecting your rights. This blog is for informational purposes only and not intended to replace the advice of an attorney.