N.J. Model Criminal Jury Charge, N.J.S.A. Non 2C

Approved 12/5/94

RECANTING WITNESS1 (NEUTRALIZATION ONLY)

[NOTE: Use this charge only where the party calling a wi tness is surprised by the

inconsistent testimony and it is inadmissible under N.J.R.E. 803a(1) (A). See separate

charge.]

Evidence has been presented showing that at a prior time [declarant-witness's name] has

said something or has omitted to say something which is inconsistent with the witness's

testimony at the trial. More specifically, [Describe prior statement]. You may consider this prior

statement only for the limited purpose of deciding wh ether to believe the portion of the witness's

testimony which was omitted or contradicted.

2 If after hearing the prior statement you decide

that the witness's testimony at trial is not credib le, then you must disregard that portion of the

testimony at trial that is contradicted by the pr ior statement. In no event may you consider

[declarant-witness's] prior statement as proving the truth of the facts it contains.

1 The Court should determine whether the recanting witn ess's prior statement is c ontradictory to the present

testimony, whether proponent is surprised, and whether the testimony is harmful to the proponent's case. Its

findings, if favorable to the proponent, should not be revealed to the jury. State v. Gallicchio, 44 N.J. 540, 547-48

(1965).

2 Gallicchio, 44 N.J. at 548.