Feliciano Rejects Plea Deal, Opts for Trial, by Michael Daigle, Media Report, July 25, 2011

Feliciano Rejects Plea Deal, Opts for Trial

By Michael Daigle
Media Report
July 25, 2011

http://chatham.patch.com/articles/feliciano-opts-for-trial

Jose Feliciano enters Superior Court Judge Thomas Manahan's courtroom

Feliciano, right, confers with his defense attorney Neill Hamiliton.

Jose Feliciano waits fifr the Monday pre-trial conference to begin

Jose Feliciano, the custodian at St. Patrick Roman Catholic Church accused in the 2009 stabbing death of Rev. Edward Hinds, rejected Monday a plea offer and said in Morristown Superior Court that he preferred to have a trial.

In doing so, Feliciano traded a possible 30-year-to-life sentence for one that could reach 75 years to life if he is convicted of felony murder, plus additional years for underlying charges.

Mostly nodding, and then speaking so softly that Superior Court Judge Thomas V. Manahan at a pre-trial conference asked Feliciano to speak up so he could be heard on the recording of the hearing, Feliciano said "yes" to a series of questions regarding the charges posed by the judge.

Manahan asked Feliciano if he understood that once Monday's hearing ended, the offer of a sentence of 30 years to life would be withdrawn.

Feliciano replied, "Yes."

Manahan said jury selection is set to begin Sept. 6.

The judge set another conference for Aug. 22 to wrap up any details regarding new evidence Morris County Prosecutor Robert Bianchi indicated he planned to use at the trial.

Bianchi will prosecute the case himself. Feliciano is represented by public defender Neill Hamilton.

Manahan also said that unless Bianchi approached the court to seek a new plea agreement, or the court opted to make such an offer, the previous plea expires Monday.

Feliciano, 66, was the custodian at the church on Oct. 22, 2009 when Hinds was stabbed to death.

Manahan asked Feliciano if he understood by rejecting the plea arrangement that he was passing on a sentence of 30 year to life for the possibility of a longer sentence, and Feliciano said, "Yes."

Manahan asked Feliciano if he understood he was being charged with the following: murder and felony murder, which carries a sentence of 75 years to life; two counts of first-degree robbery, 20 years each; unlawful possession of a weapon; five years; and hindering, five years.

Feliciano softly answered "Yes" to each charge.

Monday's hearing was delayed twice, first when Feliciano was stricken by an apparent illness, and then last Wednesday when a small smoky fire closed the courthouse.

Bianchi on Monday said he planned to introduce new evidence, including written statements by Dr. Ronald Suaraz, the Morris County medical examiner, that would explain what photographs in evidence show, handwriting analysis being performed by the U.S. Secret Service and a video of Morris County investigators disassembling Feliciano's cell phone in an effort to seek further evidence.

Bianchi said Feliciano admitted previously he discarded the phone in Easton, Pa.

The examination of the cell phone produced "hair, and possibly blood," Bianchi said. Those items will be examined, he said.

Manahan had previous ruled that Bianchi could present evidence of Feliciano's prior criminal record.

Feliciano is alleged to have sexually touched a young girl in the late 1980s, but never appeared in court to answer the charge, and a warrant for his arrest was issued in 1988.

The prosecutors said that Hinds' discovery of this warrant was central to the motive for the killing. The prosecutors said that Hinds planned to use the discovery of the warrant and the related alleged crime as the reason he was going to fire Feliciano, who upon learning that he was going to be fired, killed the priest.

The judge ruled that the St. Patrick parish was aware of the an agreement signed by the Catholic Church to settle charges of sexual abuse by priests that required background checks for all employees and volunteers of parishes who supervise children.

The Paterson Diocese, of which St. Patrick is a member, ordered an audit of personnel records to determine if all employees and volunteers who would interact with children had undergone such checks, Manahan said. The audit indicated that Feliciano was the only St. Patrick employee not to have been subject to a background check.

Manahan also said that a forensic analysis of Hinds' computer showed that someone signed in under the priest's log-in name had researched the Pennsylvania warrant.