By Ben Horowitz
The Star-Ledger
September 19, 2011
http://www.nj.com/news/index.ssf/2011/09/potential_jurors_in_trial_of_m.html
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| Jose Feliciano, seated, of Easton, Pa., former Custodian of St. Patrick Church in Chatham, appears in Superior Court, Morristown, for a status conference hearing on charges that he murdered Rev. Edward Hinds in the church rectory in October. Morristown, NJ Robert Sciarrino/The Star-Ledger |
Prospective jurors in the trial of the man accused of slaying a Chatham priest will be asked a general question about the Catholic Church sex-abuse “crisis,” but they won’t be told it may affect this case unless they say they have a bias, a Superior Court judge ruled today.
Judge Thomas Manahan, sitting in Morristown, ruled that “voir dire” questions for all potential jurors will include, “Is there anything about the Catholic Church sex abuse crisis that would prevent you from being an impartial juror?”
If a potential juror’s reply is “yes,” he or she will then be asked more specific questions, including “If there is an allegation of sexual activity by a Roman Catholic priest, can you base your decision on the evidence, or would you be biased?”
Manahan made that ruling today at the request of Morris County Prosecutor Robert Bianchi and over the objections of public defender Neill Hamilton, who said it was his impression that specific questions about sex abuse involving this case had been approved during a conference last week.
Manahan approved the final wording of questions during a conference today with no potential jurors present. Jury selection is resuming today with members of a new pool who are being asked if any personal hardship would prevent them from serving. The “voir dire” questions will be asked tomorrow.
Jose Feliciano, 66, 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 former parish pastor.
In a video-recorded statement, Feliciano said he stabbed Hinds during an argument after the priest threatened to fire him for ending a four-year sexual affair.
The prosecution has called that confession “self-serving” and said it expects Hamilton to use it as part of a “passion provocation” defense that could result in a conviction on the lesser charge of manslaughter.
Morris County Prosecutor Robert Bianchi today left open the possibility he may not introduce that video recording as evidence. He said the “passion provocation” defense would be raised only if Feliciano takes the stand to testify in his defense, so questions to jurors about the priest sex-abuse scandal should be “case-neutral” to keep jurors from forming a negative opinion of Hinds.
Jurors would have “tremendous questions at the end of the day” as to why the sex-abuse issue was raised in the “voir dire” but didn’t surface in the trial, Bianchi argued.
The prosecution contends that Feliciano stabbed Hinds because the priest was preparing to fire him after learning he was a fugitive from a 1988 Pennsylvania charge of indecent assault on a 7-year-old girl.
Hamilton said the priest sex-abuse scandal is bound to come up in the case anyway because the prosecution is seeking to prove that Hinds was investigating Feliciano’s background as part of an audit by the Diocese of Paterson, which wanted criminal background checks on all church employees, including Feliciano, who had contact with children.
Also, Hamilton said, the sexual allegations made by Feliciano against Hinds were not that serious, and would not have resulted in a criminal charge. “It might result in a civil suit over harassment, and it might get (Hinds) fired,” Hamilton said.
Manahan replied, “I’m concerned we may be planting something in the jurors’ minds that they may be looking for,” that may not arise in the trial.
The judge’s staff is expected to finalize the full list of “voir dire” questions in time for Tuesday’s jury selection.
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