By Ben Horowitz
The Star-Ledger
July 11, 2011
http://www.nj.com/news/index.ssf/2011/07/prosecution_can_use_janitors_p.html
 |
| Jose Feliciano, who is accused of stabbing to death the Rev. Edward Hinds, a Chatham priest, at a previous court appearance in February 2011. |
A Superior Court judge ruled today that the prosecution may introduce former church custodian Jose Feliciano’s prior criminal record at his trial in the stabbing death of the Rev. Edward Hinds.
The prosecution will be able to use that evidence to try to prove that Feliciano, 66, of Easton, Pa., stabbed Hinds, pastor at St. Patrick Church in Chatham, because he was going to fire him after learning of his criminal past.
At the time of the killing, Feliciano was a fugitive from a 1988 Pennsylvania case in which he was accused of indecent assault on a 7-year-old girl.
Judge Thomas Manahan’s ruling limited how much information about the older case the prosecution may introduce. Manahan indicated he will let the prosecution tell the jury that Feliciano was accused of a crime involving a child, but will rule at a later time whether it may say the charge was indecent assault.
Manahan, sitting in Morristown, pointed out that Hinds had listed Feliciano’s termination date as Oct. 23, 2009 – a day after Feliciano allegedly stabbed him to death.
Manahan cited evidence introduced during a May hearing showing that Hinds’ computer in the church rectory had been used in August 2009 to research Feliciano’s criminal background. At the time, the Diocese of Paterson was performing an audit to determine that criminal background checks had been conducted on all church employees – including Feliciano – who had contact with children.
Feliciano was the only St. Patrick employee who hadn’t undergone a criminal background check and hadn’t been fingerprinted, Jeannine Sorrentino, an administrative assistant at the church, testified. She said she had told Hinds about this and he said “he would look into it,” Manahan pointed out.
Hinds “either knew or was concerned about Mr. Feliciano’s criminal history,” Manahan said, pointing out there was no evidence that Feliciano had done a bad job as custodian. “There must have been some reason he was going to be terminated,” Manahan said.
Feliciano’s public defender, Neill Hamilton, had argued against allowing the prior record. Hamilton acknowledged that the Pennsylvania charges existed, but said there was no evidence Hinds knew about them or had discussed them with Feliciano.
Meanwhile, the prosecution announced it has made an offer to Feliciano in which he would get a 30-year-to-life prison sentence if he pleads guilty to murder. The 66-year-old Feliciano would have to serve a minimum of 30 years before becoming eligible for parole. Hamilton said he and his client will consider the offer. A pretrial conference is scheduled for July 20.
Manahan had previously ruled that the prosecution may also use a video-recorded statement in which Feliciano admitted stabbing Hinds after the priest threatened to fire him for ending a four-year sexual affair.
Morris County Assistant Prosecutor John McNamara Jr. has called that confession “self-serving” and has said the defense could use it to prove that the stabbing was a manslaughter and not a murder.
The trial is scheduled to start with jury selection on Sept. 6. Morris County Prosecutor Robert Bianchi announced today he will be handling the case personally and asked Manahan to make that a firm date. Bianchi said he plans to subpoena Feliciano’s two children to testify and doesn’t want to put them through the “trauma” of having to constantly change court dates.
Manahan couldn’t guarantee the date, saying, “It’s as real a date as we could possibly have under the circumstances.”
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.