New trial ordered where Judge conducted questioning of defense expert . State v. O’Brien 200 NJ 520 (2009) Defendant was entitled to face a si

New trial ordered where Judge conducted questioning of defense expert . State v. O’Brien 200 NJ 520 (2009)
Defendant was entitled to face a single adversary, the State. He should not have had to bear the consequences of a judge who appeared to disbelieve him and his expert witness, revealed that disbelief to the jury, and supported a witness adverse to him. Because that conduct was clearly capable of producing an unjust result, a new trial is in order.