Judge in Slain Chatham Priest Trial Probes Jurors' Views on Sex and Religion, by Ben Horowitz, The Star-Ledger, September 21, 2011

Judge in Slain Chatham Priest Trial Probes Jurors' Views on Sex and Religion

By Ben Horowitz
The Star-Ledger
September 21, 2011

http://www.nj.com/news/index.ssf/2011/09/judge_in_slain_chatham_priest.html

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 2009. Morristown, NJ Robert Sciarrino/The Star-Ledger

MORRISTOWN — Judges routinely ask potential jurors questions about whether they know the lawyers in the case or if they have been crime victims. But rarely are those who may sit in the jury box asked about religion. Or sex and religion.

"These questions are not typical, but this is not a run-of-the-mill crime. There aren't too many priests getting murdered," said Thaddeus Hoffmeister, an associate professor at the University of Dayton Law School in Ohio who writes a blog about juries.

"These questions seem fair," Hoffmeister added. "Religion is very personal to a lot of people and it could influence how the judge the facts."

The jury that is ultimately selected will decide the fate of Jose Feliciano, 66, of Easton, Pa., a former custodian at St. Patrick Church in Chatham who is accused of murder in the Oct. 22, 2009, stabbing death of the Rev. Edward Hinds, 61, the former parish pastor.

Although the questions being put to potential jurors may seem a tad personal, they're actually toned down from language and issues that were proposed in a court debate between the prosecutor and defense attorney in Superior Court in Morristown.

Written by Judge Thomas Manahan, some of the questions that began to be posed to potential jurors Tuesday ask:

• "Is there anything about the Catholic Church or Catholic priests that would cause you to not be a fair and impartial juror?"

• "Is there anything about the Catholic Church or Catholic priests and the sexual abuse cases that have been reported in recent years that would prevent you from being a fair and impartial juror?"

• General questions about religion ask if people are members of the clergy and if they are members of a church, mosque or temple. If they do belong to a house of worship, a two-part question asks "Are you on the governing bodies of your religious community? What is the name of that religious community?"

Of the 53 questions, 30 are standard and the remaining 23 are specific to the case. They also ask potential jurors if they have ever been fired and if Feliciano's "Hispanic surname" might interfere with their "ability to be fair and impartial."

Jury selection started two weeks ago. The new questions were asked only of people who had previously said jury service wouldn't create a personal or financial hardship.

The finalized questions accommodated Morris County Prosecutor Robert Bianchi's request not to mention priest sex abuse as a specific issue and public defender Neill Hamilton's wish to avoid mention of Feliciano's prior record.

In a video-recorded statement, Feliciano admitted stabbing Hinds, but he said he did it during an argument after the priest threatened to fire him for ending a four-year sexual affair. His confession could be used in a "passion/provocation" defense that might result in a guilty finding on the lesser charge of manslaughter.

The prosecution calls the confession "self-serving" and contends Feliciano stabbed Hinds because the priest was going to fire him after learning he was a fugitive from a 1988 Pennsylvania charge of indecent assault on a 7-year-old girl.

Hamilton wanted a mention of sexual impropriety more specific to the case. During last week's debate, it appeared the parties had agreed on a second question, "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?" However, that was eliminated from the final questionnaire.

Bianchi didn't get all he wanted, either. During a hearing last week, he revealed that Feliciano allegedly impregnated an 11-year-old girl in New York "many years before" the Pennsylvania incident. Bianchi wanted the questions to leave him an opening to introduce the impregnation evidence if Feliciano takes the stand in his own defense.

Hamilton fought against any mention of Feliciano's prior record, and there is no mention of it in the questions.

Explaining the questionnaire's purpose to the jury pool Tuesday, Manahan acknowledged the questions are "somewhat unique."

"The correct answers are the honest answers," he added. "It is important for us to find out about any fixed opinions or prejudices you may have."

At the Diocese of Paterson, whose district includes Chatham, spokesman Richard Sokerka said, "It would not be appropriate for the diocese to comment on any of the questions that are being posed to those in the juror pool."