Judge Rules Confession Can Be Used at Trial, by Laura Silvius, Chatham Patch, February 24, 2011

Judge Rules Confession Can Be Used at Trial

By Laura Silvius
Chatham Patch
February 24, 2011

http://chatham.patch.com/articles/judge-rules-confession-can-be-used-at-trial

Jose Feliciano's confession to Capt. Jeffrey Paul of the Morris County Prosecutor's Office can be used against him at trial, a judge ruled Thursday.

The Hon. Thomas V. Manahan, sitting in Morristown, submitted a written decision in the hearing Thursday morning in which he said, "The interrogations were not, in this court’s view, overbearing or overreaching and did not create the compelling atmosphere which falls under the protection of Miranda."

Morris County Prosecutor Robert Bianchi said, “We are obviously satisfied with the Court’s decision and now look forward to trying this case before a jury as quickly as is possible.”

Feliciano is accused of stabbing the Rev. Edward Hinds to death in the rectory of St. Patrick Church, where Hinds served as the pastor. His body was discovered by members of the parish after he failed to appear for morning Mass on Oct. 23, 2009.

Feliciano gave the confession while he was an admitted patient at Morristown Memorial Hospital on Oct. 24. He alleges that the two argued after Feliciano tried to end a four-year sexual affair with the priest, and that both of them reached for the knife.

Public Defender Neill Hamilton had argued before the court that Paul illicited Feliciano's confession with promises of assistance. Paul visited Feliciano in his hospital room and said that he had a friend, sometimes referred to as a cousin, who was also in the hospital. The story was a "ruse," according to Hamilton, and a violation of his client's Miranda rights.

In an audiotaped confession, Paul urged Feliciano to put his family "on the front burner now." Paul said that things would go better for his family if he talked.

Paul placed Feliciano under oath more than once in the course of their discussion, most of which were audiotaped. There is also a videotape of Feliciano's confession, made in the hospital.

Manahan said in his decision that he did not find that Feliciano's rights were not violated. "He was not under arrest nor was he under constant police supervision. During the interrogation, [Feliciano] was free to get up and use the bathroom, was visited by hospital staff and, at one point, was left alone.

"While the interrogations were lengthy, [Feliciano] never demonstrated by word or conduct that he was not a willing participant," the decision reads.