North Jersey Newspapers does it again - failing completely to write a story that would get a passing grade in a Journalism 101 class. We are left to wonder about the most important issue involved. The mistrial was declared because the government introduced statements by Joseph Bruzzi that help to establish the guilt of the defendant, but the defense is not able to cross examine Mr. Bruzzi. He is not available.
Where is he?
Not quite. Apparently Mr. Bruzzi is available. However, because he himself is a defendant, he cannot be compelled to testify or undergo cross-examination. From the article:
The defense, citing a 1968 U.S. Supreme Court ruling, argued that the statement violated Jaszczult's rights to cross-examine her accusers because Bruzzi, as a defendant, could not be compelled to take the stand.