On June 9, the court held that a defendant who pleads the Fifth Amendment at his retrial, and thereby exercises his right to remain silent, cannot offer into evidence his testimony given during his first trial. State v. McInerney, __ N.J. Super.__ (App. Div. 2017).
Defendant, a former high-school baseball coach was convicted of several counts of second degree endangering the welfare of his minor students, N.J.S.A. 2A:24-4. However, based upon errors in the jury charge, his conviction was reversed and remanded for a retrial.
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