Confession of Man Accused of Killing Chatham Priest Is Admissible, Judge Rules, by Ben Horowitz, The Star-Ledger , February 24, 2011

Confession of Man Accused of Killing Chatham Priest Is Admissible, Judge Rules

By Ben Horowitz
The Star-Ledger
February 24, 2011

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

Jose Feliciano's confession will be allowed to be used in court. The former janitor at a Chatham church is accused of killing the priest.

Jose Feliciano’s confession to killing the Rev. Edward Hinds will be allowed as evidence in his trial, a Superior Court judge ruled today.

In the audio- and video-recorded confession, played in court two weeks ago, the former custodian at St. Patrick Church in Chatham, now 65, said he repeatedly stabbed the parish priest on Oct. 22, 2009 after Hinds threatened to fire him for ending a four-year sexual affair.

Judge Thomas Manahan, sitting in Morristown, declared all of Feliciano’s statements admissible in the interrogations conducted at Morristown Memorial Hospital two days after the slaying. The questioning by Capt. Jeffrey Paul of the Morris County Prosecutor’s Office was "not overbearing or overreaching," Manahan ruled.

"While the interrogations were lengthy, the defendant never demonstrated by word or conduct that he was not a willing participant," Manahan said.

Feliciano’s attorney, public defender Neill Hamilton, had claimed two violations of Feliciano’s Miranda rights. Hamilton argued that Paul’s psychological ploys and implied promises to help with his court case tricked Feliciano into thinking he would get a better deal if he confessed without an attorney present. Also, Hamilton contended that Feliciano invoked his right to have an attorney.

Manahan acknowledged that Paul gained a rapport with Feliciano when he falsely told him he was in the hospital to visit a sick relative. However, Manahan said, Paul "did not offer the promise or assurance of leniency in court."

The judge pointed out that "factual tidbits" provided by Paul led to the confession. Paul told Feliciano that law enforcement officials had traced the location of Hinds’ cell phone, which Feliciano threw away outside his home in Easton, Pa.

Manahan also pointed out that Feliciano asked if he "may" have a lawyer present. Paul read him his Miranda rights again and then Feliciano made a "conscious decision" to continue speaking with Paul, Manahan said.

Morris County Prosecutor Robert Bianchi said he and his office are "obviously satisfied with the court’s decision and now look forward to trying this case before a jury as quickly as possible."