Superior Court Judge Michael L. Ravin has denied a defense motion to reveal the identity of a confidential informant in connection with a fatal carjacking at the mall Watch video
NEWARK -- Based on information from a confidential informant, authorities were led in December 2013 to Karif Ford, who later allegedly confessed that he and his three co-defendants were involved in a fatal carjacking at The Mall at Short Hills, court documents state.
But the identity of the informant will remain secret, a judge has ruled.
Superior Court Judge Michael L. Ravin on Friday denied a motion by the four defendants - Ford, Basim Henry, Hanif Thompson and Kevin Roberts - to reveal the identity of the informant.
Attorneys for the defendants argued the informant should be disclosed, because the information provided by that person could be used to challenge Ford if he testifies against his co-defendants, court documents state.
But since Ford has not yet decided to testify against the other three men, the judge said in his written decision that the motion was premature and he dismissed it without prejudice.
"The presumption favoring the informant's privilege still stands," Ravin wrote, referring to the court rule allowing an informant's identity to remain confidential.
Henry, 34, of South Orange, Thompson, 31, of Irvington, and Ford, 33, and Roberts, 37, both of Newark, are each facing murder, felony murder, carjacking and weapons charges in connection with the Dec. 15, 2013 fatal shooting of 30-year-old Hoboken attorney Dustin Friedland at the upscale mall in Millburn.
Friedland's widow, Jamie Schare Friedland, is pursuing a lawsuit against the mall's owners and other defendants in regard to the killing. She also was present at the time of the incident, but she was not injured.
Dustin Friedland and his wife, Jamie Schare Friedland. She is pursuing a lawsuit over the Dec. 15, 2013 fatal shooting of her husband at The Mall at Short Hills. (Facebook)As the criminal case has been proceeding, attorneys for the four defendants have questioned whether Ravin is treating their clients fairly, because the judge has not allowed the lawyers to make oral arguments about motions in court. Ravin has instructed them to present those arguments in writing.
But the judge has said such oral arguments are not required in criminal cases, and that written submissions are better, because they allow him to deliberate on the legal writings.
"Whoever wants a fair trial, they're in the right place," Ravin said during a hearing on Friday.
According to court documents, Ford became a person of interest in the case based on information provided to investigators by the confidential informant.
In a subsequent interview with law enforcement, Ford allegedly admitted that he and his three co-defendants were involved in the fatal carjacking, court documents state.
Ford said the four men drove in a GMC Suburban from Newark to the mall and circled through the mall parking lots, according to the arrest warrant issued for the four men.
Based on Ford's interview, the warrant states that Roberts and Thompson got out of the vehicle and approached Dustin Friedland as he was walking around the rear of his Range Rover.
"A struggle ensued and Friedland was struck in the head with a handgun and subsequently suffered a gun shot wound to the head," the warrant states. "Ford, Thompson, Henry and Roberts then fled the mall utilizing the carjacked Range Rover and the GMC Suburban and returned to Newark."
MORE: With victim's parents watching, Short Hills mall defendants claim they're not being treated fairly
The motion to reveal the informant's identity was initially filed in September by Thompson's attorneys. The other three defendants later joined in the motion.
In a brief filed in support of the motion, Thompson's attorneys said they have not been provided with either the informant's identity or the content of the information provided by that person.
The attorneys argued they are entitled to both the identity and the information, saying the information could be used to impeach Ford if he testifies against his co-defendants.
"Considering that the DEA informant's information did not lead to other defendants in this case becoming persons of interest, what Karif Ford told the informant must be different than what he told the Essex County Prosecutor's Office," the brief states.
"As a consequence, the information provided by the Confidential Informant can be used to impeach Karif Ford should he decide to testify against Mr. Thompson in accordance with the statement that he gave to the Essex County Prosecutor's Office."
In response to the motion, prosecutors argued "this motion is premature unless and until Ford agrees to cooperate and testify against Thompson," according to a brief filed by the prosecutor's office.
But even if Ford decides to testify, prosecutors said they would still oppose disclosing the informant's identity.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.