Traveling between Camden and Trenton takes about one hour. On November 21, 1995, the State filed for reconsideration of the Order changing venue to Camden. The trial court denied defendant's motion. Reconsideration of interlocutory orders, up to the time of final judgment is entered, is a matter within the sound discretion of the trial court to be exercised in the interests of justice. A local law enforcement officer described it as a dangerous area after hours.
The next day, he confessed to investigators and led police to the site. Shortly after Megan's disappearance, Mrs. Moreover, defendant's motion offered no indication that defendant had attempted to view the information on Hunterdon County's jury selection procedures, as allowed by N. The Constitution does not require that petit juries actually mirror the community or reflect the various groups in the population. This trial was held before we decided Harris. Many potential jurors admittedly could not set aside their knowledge of defendant's prior convictions. Krych further asserted that Jesse lacked adequate medical care as a child, based on the fact that Doris had no memory of a family physician and included no medical records in the documents she gave to Krych.
There was nationwide publicity surrounding the adoption of Megan' Law, named after the victim here, which required convicted sex offenders to register with local authorities. The court sentenced Timmendequas to the death penalty with appeal. Defendant subsequently renewed his change of venue motion; again, it was denied. As a result of the ban, Timmendequas' sentence was to without the possibility of. Defendant then admitted to sexually assaulting Megan.
Analysis Knowledge of Megan's Law and defendant's role in its enactment was widespread. In the motion he cited 437 separate articlesSee footnote 22 from the Trentonian and the Trenton Times, Mercer County's two leading newspapers. Empaneling a Jury from Hunterdon County After having decided to empanel a jury from Camden County, the trial court agreed to hear subsequent argument from the State in favor of empaneling a jury from Hunterdon County. The state Supreme Court affirmed the conviction and the federal Supreme Court refused to hear his appeal. The prosecutor's comments regarding Krych were grounded in the record. The standard for reversal based upon prosecutorial misconduct is well-settled in the law. Jenin, five years older than Mr.
The voir dire process was carried out meticulously and thoughtfully to ensure that the jurors ultimately empaneled could render a fair and impartial verdict and sentence based solely on the evidence presented at trial. He had pleaded guilty twice before to sexually assaulting small children. New Jersey and several other states passed laws following the public outcry. At the bottom -- the police report does not say why -- one of the girls broke away and ran for help, leaving him with the other kindergartner. Timmendequas lay down so Megan's neighbors would not see him. Another therapist stated that she had believed that Timmendequas would eventually commit another sex crime although she did not believe he would commit murder.
He is of the view that prosecutorial misconduct tainted the proceeding insofar as the death sentence was concerned. Jurors' Knowledge or Suspicion of Defendant's Prior Criminal History As A Sex Offender The court and counsel voir dired three hundred and thirty two prospective jurors. The juror also was asked if she had attended any class on or had studied child sexual abuse. In addition, homosexuals who were prosecuted years earlier for consensual sex with adults must be registered in this database. They did not find her. Please disregard the last statement. Retrieved on September 30, 2009.
Defendant's claim that he was denied effective assistance of counsel also is without merit. Change of Venue Motion Defendant moved for a change of venue because of the extensive publicity surrounding this case. He said he would help in any way that he could. Purposeful discrimination implies that the decisionmaker selected a particular course of action at least in part 'because of,' not merely 'in spite of' its adverse effects. The questions also should determine whether the circumstances of the crime would prevent the prospective juror from considering relevant mitigating evidence.
A plane was sent out the next day to try and locate the boat, but it was never found. He dumps her, and then he drives off. Louisiana, , 538, 95 S. Meanwhile the police searched his boat and nearby garbage cans. After Timmendequas's conviction his attorney appealed the decision, alleging several procedural errors. He was born, Greenman said, to an alcoholic, sexually promiscuous mother who already had lost seven children to adoption or foster care because various authorities had deemed her an unfit mother.
At that point, Pukenas showed defendant either the clothes or the photographs of the clothes. Jenin's account was consistent with Cifelli's. People who were at Avenel at the time say Mr. You're going to need a friend on the outside and I'll be that friend. Evidence included bloodstains, hair, and fiber samples, as well as a bite mark matching Kanka's teeth on Timmendequas' hand, and led to a guilty verdict on charges of kidnapping, four counts of aggravated sexual assault, and two counts of felony murder—causing a death in the course of certain specific felonies. A state appeals court ruled Tuesday that Timmendequas, who was convicted of killing 7-year-old Megan Kanka, should be allowed to pursue claims that his lawyers were ineffective.
Detectives questioned him for another six hours. Whilst there he was described as being a 'whiner' and spent most of his time sleeping. The State's case was based primarily on the inculpatory statements made by defendant after the murder. Also, the family was poor and received public assistance. The other expert concluded that Timmendequas suffered from pedophilia, post-traumatic stress, and a schizoid personality disorder. A number of the neighbors, including defendant, told Mrs. As a result of the ban, Timmendequas was sentenced to life in prison without the possibility of parole.