STATE v. HARRELL

A-13 September Term 2023 088412.

311 A.3d 492 (2024)

256 N.J. 590

STATE of New Jersey, Plaintiff-Respondent, v. Donnie E. HARRELL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 26, 2024.


Attorney(s) appearing for the Case

Annette Verdesco , Farileld, argued the cause for appellant (Caruso Smith Picini, attorneys; Timothy R. Smith , of counsel, Steven J. Kaflowitz , Fairfield, of counsel and on the briefs, and Annette Verdesco, Fairfield, Joshua M. Forsman , and Zinovia H. Stone , on the briefs).

Milton S. Leibowitz , Assistant Prosecutor, argued the cause for respondent ( William A. Daniel , Union County Prosecutor, attorney, Elizabeth, Union County; Milton S. Leibowitz, of counsel and on the briefs).

Claude Caroline Heffron argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; Claude Caroline Heffron, CJ Griffin, and Katherine Beilin, on the brief).

Thomas M. Caroccia, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Matthew J. Platkin, Attorney General, attorney; Thomas M. Caroccia, of counsel and on the brief).


This appeal involves a challenge to the admissibility of a video-recorded statement given by a child. A detective interviewed the child in March 2016 when she was eight years old. She disclosed that her music teacher, defendant Donnie Harrell, touched her "private parts," buttocks, "and thighs over her clothing on more than one occasion .....

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