He concluded that the cause of death was mechanical strangulation with a leather belt. This case does not involve any racial issue but rather involves human concerns that touch the hearts and minds of all people, regardless of their race, religion or gender. Timmendequas told the Kankas he had seen Megan with a friend earlier in the day when they stopped to talk to him about his new boat, which was parked in front of his house. The same jurors will return for the penalty phase of the trial to determine whether to impose a sentence of death by lethal injection. Over defendant's objections, the court qualified sixty-six jurors who announced they could decide the case solely on the evidence adduced at trial and the court's instructions. Detective, did he ever in the car on the way back say that it was an accident? We all have our predispositions, our prejudices, our sympathies, but they may not influence legal rulings in this courtroom, they may not influence the jury verdict.
It also considered the fact that Hunterdon County is closer in proximity to Mercer County. The defense also claimed prosecutorial misconduct, citing the prosecutor's repeated references to the defendant's sexual perversion, lack of emotion, and lack of remorse after the crime, and the prosecutor's overly emotional summation in the guilt phase of the trial. Doris told Krych that she and Skip lived with her parents on their return to New Jersey. There is a difference, however, between allowing evidence of a prior conviction to impeach a defendant's testimony and allowing jurors who suspect or have knowledge of a defendant's prior conviction to serve on a jury. Timmendequas argues that his incriminating statements should have been suppressed. Defendant's prior convictions were brought to the jurors' attention only during voir dire as a screening mechanism to eliminate jurors who would be unable to decide the case based only on the evidence presented at trial.
Schwarz, new on the force, had arrested the young Jesse Timmendequas who had tried to strangle the little girl in the woods. The detectives denied coaching Jenin about what to say. After this preliminary questioning, Pukenas explained the polygraph test to defendant. Defense Pleads Mitigating Factors During the penalty phase of the trial Timmendequas presented two witnesses: a forensic social worker and a clinical and forensic psychologist, both of whom testified to mitigating factors. Defendant did not testify or present witnesses in the guilt phase. He agreed to show the police where she was. Inquiring into jurors' knowledge about Megan's Law and defendant's prior criminal history was a reasonable way to deal with that problem and not an abuse of discretion.
At some point in the struggle she bit Timmendequas's hand, and she fell and began bleeding. In the hospital, the doctors concluded no sexual contact had occurred. The prosecutor promptly conformed her questioning to the court's instruction. A: My intentions were just to feel her up and kiss her and try to get her not to say anything. Timmendequas's father was a heavy drinker with a criminal record and a tendency toward violence. However, the court must patrol the boundaries of propriety to ensure that defendant's right to a fair trial is not compromised. But the little girl said he had smelled her.
Kanka identified them as fragments of Megan's clothing. Please note that, in the interests of brevity, portions of any opinion may not have been summarized. Ahmat testified that he found, among other things, petechial hemorrhages in both eyes, a telltale sign of death by strangulation. We long have held that prosecutorial misconduct is not grounds for reversal of a criminal conviction unless the conduct was so egregious as to deprive defendant of a fair trial. However, we decline to reverse on this ground given the state of the law at the time of defendant's trial. Cifelli had lived there as a child and had returned there in 1987 when he was released from Avenel.
Krych identified herself on direct examination as a forensic social worker. His defense was presented through cross-examination and by argument. Nobody even really knew him. Defendant made a written statement at Pukenas's request back at headquarters. A state appellate court in 2011 rejected his first direct appeal, and the U. The State contends that Paul's statements about Krych and Nardone were relevant to the jury's consideration of the weight to be given to the expert's testimony. The victim, seven-year old Megan Kanka, lived diagonally across the street from Timmendequas.
See footnote 77 Given the assumptions implicit in determining the extent of pretrial publicity, we disagree with the dissent's assertion that this factor weighs heavily in defendant's favor. At most, minimal prejudice resulted from that line of questioning. When asked if he had seen Megan at any other time because his statement conflicted with what other neighbors had said and what he had said earlier , defendant stated that he had seen Megan riding her bicycle in front of her house between 5:30 p. Guilt Phase Defendant alleges numerous instances of prosecutorial misconduct in the guilt phase. Pukenas first performed a background test on defendant to determine if he was mentally and physically suitable for the polygraph.
He told the police he just wanted to look at her vagina. Defendant also has failed to show he was deprived of rights under the Sixth Amendment. Kentucky, , 85-86, 106 S. Both the court and defense counsel extensively questioned the jurors regarding the fact the victim was a child. Krych's testimony was evasive and the prosecutor sought to bring that out on cross-examination. Jenin was called into the bedroom next.
Access to Registration Information The state Departments of Corrections and Human Services are responsible for informing county prosecutors about the anticipated release of sex offenders. The stranger in the neighborhood had appeared pleasant, if ineffectual, over the years to people who did not know about his secret thoughts. Example: title:New Year's Resolutions © 1997 Cable News Network, Inc. Timmendequas indicated that he had seen Megan riding her bike earlier in the evening. In fact, you didn't hear about those albums and that they existed and that Carol Krych had them until I brought it up on cross-examination.