Prosecutor: Chatham Priest Slaying Suspects Recorded Confession Should Be Allowed in Trial, by Ben Horowitz, The Star-Ledger, February 17, 2011

Prosecutor: Chatham Priest Slaying Suspect's Recorded Confession Should Be Allowed in Trial

By Ben Horowitz
The Star-Ledger
February 17, 2011

http://www.nj.com/news/index.ssf/2011/02/ruling_to_be_issued_soon_on_wh.html

Jose Feliciano looks toward Ana Tent, one of his two attorneys as he appears in Superior Court n Morristown for a pre-trial motion hearing. Feliciano is accused of stabbing to death the Rev. Edward Hinds, a Chatham priest.

Even though an investigator used a “ruse” to get Jose Feliciano to confess to killing a Chatham priest, the former church custodian’s statements should be allowed in his trial, a Morris County assistant prosecutor argued today.

Capt. Jeffrey Paul of the Morris County Prosecutor’s Office conducted the audio- and video-recorded interview with Feliciano at Morristown Memorial two days after the slaying. Paul told Feliciano he had a relative in the hospital, even though it wasn’t true. Paul testified he told Feliciano that so he would feel comfortable during the interview.

The conversation “was not something that would falsely put pressure on an individual to implicate himself,” said Assistant Prosecutor John McNamara Jr.

Feliciano’s attorney, public defender Neill Hamilton, is trying to get Feliciano’s confession thrown out on grounds he was tricked into making it.

Feliciano, 65, of Easton, Pa., the former custodian at St. Patrick Church, is accused of murder in the Oct. 22, 2009 stabbing death of the Rev. Edward Hinds, the parish priest.

Superior Court Judge Thomas Manahan, sitting in Morristown, said he intends to issue a written ruling on the statements “soon,” probably sometime next week.

In discussing his thoughts on the hearing that concluded today, Manahan indicated it did not appear Paul had made any specific promises to help Feliciano with his court case if he cooperated in the interview – implying the judge may allow the statements.

Hamilton pointed out that during the interview, Feliciano said that if he went to prison, “Who’s gonna care for me? Nobody. Nobody’s gonna care for my family.”

Paul replied, “I do care. I have two kids and you have two kids.”

Feliciano then asked Paul if he would present for his court case, and Paul said, “If you want me to be.”

Manahan pointed out, “It’s not as if Capt. Paul said ‘I will be in court for you.’ ''

Although Feliciano may have “inferred” that Paul would help him, it was Feliciano who initiated that part of the conversation, and not Paul, Manahan said.

Manahan said his decision will be based in great part on whether Feliciano’s statements were “voluntary and not a product of coercion.”