The New Jersey Supreme Court ruled that a prosecutor’s opening remarks over anticipated testimony from a no-show witness was enough to prejudice jurors and deprive one of the defendants facing murder charges a fair trial.

In State v. Greene, the Appellate Division previously ruled that the prosecutor’s remarks deprived defendants Carey R. Greene, 29, and Tyleek A. Lewis, 32, of a fair trial, despite curative instruction from the court for the jury to ignore the statements and the fact that Greene’s grandmother never showed up to testify against Greene, who allegedly confessed to her that he partook in the victim’s killing.

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