State v. Franklin Jack Burr, II

6-11-07 (A-36-07)

The proffered expert testimony on defendant’s diagnosis with Asperger’s Disorder was relevant and material to his explanation
of himself and his conduct. Preclusion of that evidence constituted reversible error necessitating a new trial. Also,
if on remand the trial court is faced with a request by the jury for a replay of the videotaped pretrial interview of A.A., the
court first should inquire whether the jury would be satisfied with a readback of the testimony. If the jury persists in its
request for a video playback, then the court must determine whether the jury must also hear a readback of any testimony that
the court concludes is necessary to provide the proper context for the video playback.