Reversal of Manslaughter Conviction After Jury Accesses Taped Statement

Matthew Craddock was convicted of first-degree aggravated manslaughter (N.J.S.A. 2C:11-4(a)(1)), as a lesser included offense of murder charges, for the stabbing death of James Grace, who was dating Craddock's ex-girlfriend, M.P. He was also convicted of third-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(d)) and fourth-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(d)). At trial, in addition to other evidence presented, the jury heard the defendant's entire taped confession to the police as well as a voicemail the defendant left on his girlfriend's phone after the incident. Testimony for the State was also provided by M.P., her friend L.A., and L.A.'s fiance' Mi.P who all witnessed the altercation between Craddock and Grace. None actually witnessed the actual stabbing but they did hear Grace yell "he stabbed me" and one saw the defendant throw an object that appeared to be a knife handle into the road. The defendant offered a different version of the facts than the others and claimed his actions were in self-defense as an altercation erupted when he was attempting to retrieve M.P.'s cell phone from another individual, Grace, who the defendant believed had stolen the phone. Craddock was sentenced to an aggregate 24-year term with an eighty-five percent parole ineligibility period under the No Early Release Act (NERA)(N.J.S.A. 2C:43-7.2). Craddock appealed based on the admission of the taped statements without redaction under claim that certain information in the recordings was more prejudicial than probative. In State v. Craddock, the NJ Appellate Division considered the holding in State v. Burr, 195 N.J. 119 (2008) wherein it was determined that allowing a jury full access to a videotaped statement had the potential for great prejudice. In State v. Miller, 205 N.J. 109 (2011) the court held that the review, by the jury, of taped statements should be undertaken in court where parties are present and judges my provide jury instructions with regard to portions replayed. Finally, in State v. A.R., 213 N.J. 542 (2013) the court held that the jury should not have unfettered access to audio or videotaped statements during deliberations. Once the appellate division determined that the trial court erred in providing the jury with unfettered access to the taped statements, it was further determined that the potential prejudice to the defendant from the jury's access to the statements was not harmless error and the conviction was reversed with the matter remanded to the trial court for a new trial. If you are facing charges of murder, manslaughter or weapons charges, you are facing severe penalties including as much as life in prison. When confronting criminal charges, it is imperative that you have experienced criminal defense counsel at your side to ensure you are afforded due process and your rights are protected. For more information about murder, manslaughter, weapons offenses or other serious crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Juror Replacement Leads to Robbery Conviction Reverasl

In State v. Musa, Humfrey A. Musa was convicted of second degree robbery after jury deliberations. The defendant appealed the conviction based on substitution of Juror #2 after the first full day of deliberations. At the close of the first day of deliberations, the judge was provided a note from the jury including the jury's inquiry as to whether a juror could be excused. The judge indicated that, barring emergency in the form of illness or other special circumstances, jurors would not be excused. On the following day, Juror #2 failed to appear, provided no notice and the court placed telephone calls to the juror and left messages at her home requesting contact, as well as making efforts to contact her at the work number listed only to find she was not employed where claimed, but ultimately did not locate the missing juror. Defense counsel requested that the judge inquire of the remaining jurors whether Juror #2 was the one referenced in their note the previous day regarding substitution as a result of non-cooperation. The prosecution argued that the judges answer to the jurors question as to whether a substitution was permissible was adequate. By 11:00 a.m. the court determined they would move forward with an alternate juror replacing Juror #2. On the second day of deliberations, the judge recharged the jury and in only 3 hours the defendant was found guilty by the jury with the replaced member. On appeal, the NJ Appellate Court questioned the reason Juror #2 failed to return and the relatively rapid decision by the jury following the substitution of the alternate. The Appellate Court reasoned that, based the previous day's inquiry regarding dismissal of a juror and the rapid decision the following day, that Juror #2 had differences with the remaining jurors as to the guilt or innocence of the defendant and that the court failed to make adequate inquiry into that matter. Although there substitutions for certain reasons are permissible, in State v. Jenkins, 182 N.J. 112, 124 (2004) the court held that substitution is specifically prohibited when requested due to difficulty with other jurors during deliberations. The trial judge made adequate efforts to contact the juror but failed to make adequate efforts to determine the basis of the initial jury inquiry relative to substitution. State v. Hightower, 146 N.J. 239, 253 (1996) established that "any conduct that could upset the process of jury deliberations, even judicial conduct such as juror substitution, must be carefully scrutinized." Based on the lack of record as to why Juror #2 did not return the second day, the there was not adequate information upon which to review the matter of the substitution and any prejudicial effect on the defendant and the Appellate Court reversed the decision and remanded for a new trial. Robbery is a very serious charge bearing heavy consequences. If you are charged with robbery it is critical you obtain experienced criminal defense counsel immediately to review evidence, the prosecutions case and insure the trial process is undertaken in the spirit of justice without breach of your rights. For more information regarding robbery, theft, burglary or other criminal charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.