Murder Archives - New Jersey Criminal Defense Law Blog

Court Discusses Evidence of Prior Acts in Criminal Cases in New Jersey

If a person is charged with a crime, the State is limited to what evidence it is permitted to introduce to establish guilt. In other words, it generally cannot introduce evidence of prior wrongs committed by the defendant in an attempt to establish the defendant was a person of a certain character and acted in accordance with that character on the date of the offense. There are some exceptions, however, as discussed in a recent New Jersey opinion in a case in which the defendant was convicted of weapons offenses and other crimes. If you are accused of a crime, it is wise to confer with a New Jersey criminal defense attorney to evaluate your rights.

The Alleged Offense

It is reported that the defendant was observed fighting with his wife outside of a bar in Paterson, New Jersey. He then got into a verbal argument with a man inside of the bar, who told the defendant to leave. The two men then became involved in a physical altercation. The defendant left and then returned fifteen minutes with a gun.

Allegedly, the defendant entered the bar, shot the man he had been fighting with, and then fled. He was arrested and charged with first-degree murder and possessing a weapon for an unlawful purpose. Prior to trial, a hearing was held during which the State sought to admit evidence the defendant was fighting with his wife prior to the shooting. The defendant objected, but the court ruled in favor of the State. A jury convicted the defendant, after which he appealed, arguing in part that the trial court erred in admitting evidence he fought with his wife.

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New Jersey Court Discusses Jury Instructions on Lesser Included Offenses

In many instances in which a defendant is charged with a serious crime, there will be evidence that may be enough for the State to obtain a conviction. In such instances, a defense attorney will often request that the court instruct the jury regarding any lesser included offenses of the crime with which the defendant is charged, in an attempt to avoid the greater penalty associated with the more serious misconduct. An instruction on lesser included offenses is not always warranted, however, as demonstrated in a recent New Jersey case in which the defendant was convicted of murder. If you are charged with a serious crime, it is prudent to speak to a seasoned New Jersey criminal defense attorney to discuss your options for seeking the best result available under the facts of your case.

Facts and Procedural History

It is reported that the defendant, who worked for the victim, bound and gagged the victim and placed a sponge soaked with ammonia over her nose. He then, along with an accomplice, transported her to a wooded area where he proceeded to dig a hole and bury her. The accomplice testified that the victim was making noises and moving while she was being buried. An autopsy revealed that the victim died of asphyxiation. The defendant was charged with numerous crimes, including first-degree murder, kidnapping, and robbery.

Allegedly, during the trial, the defendant’s attorney requested a jury instruction on the lesser included offense of aggravated manslaughter to the first-degree murder charge, arguing that the defendant’s acts were reckless rather than intentional. The court denied the request, and the defendant was convicted as charged, after which he appealed.

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