By Ben Horowitz
The Star-Ledger
October 31, 2011
http://www.nj.com/news/index.ssf/2011/10/prosecutor_defense_decide_to_a.html
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| Jose Feliciano, a former church custodian accused of murder in the stabbing death of the Rev. Edward Hinds, a Chatham priest, enters the Morris County Courthouse in Morristown. (Jennifer Brown/The Star-Ledger) |
Because the prosecution and defense agree that a Chatham church custodian stabbed the parish priest to death, the two sides have decided to formally agree on certain facts in an effort to speed up the trial.
Jose Feliciano, now 66, of Easton, Pa., is accused of murder in the Oct. 22, 2009 slaying of the Rev. Edward Hinds, 61, of St. Patrick Church. Feliciano’s public defender, Neill Hamilton, has acknowledged that Feliciano killed Hinds but said it was a “provocation/passion manslaughter” and not a murder. Hinds provoked Feliciano into killing him by making him perform unspecified acts, Hamilton told the jury in his opening argument.
With the jury out of the courtroom, Morris County Prosecutor Robert Bianchi announced today that he and Hamilton have agreed to “stipulate” to certain facts, including DNA tests proving that Feliciano attacked Hinds.
As part of that stipulation, Bianchi said, he has also decided against calling Feliciano’s daughter as a witness, but will instead have her statement to police read to the jury.
The girl, who was an eighth-grade student at St. Patrick School at the time of the killing, was to testify about how she waited with her mother in the family car longer than expected for her father during the period when Feliciano was allegedly stabbing Hinds.
The girl was also going to testify about “observations she made in the vehicle while riding home,” and “observations” about her father when he was walking the dog after they got home, Bianchi said.
“While she is a very necessary witness, I don’t enjoy calling a daughter to testify against her father in front of a jury," Bianchi said.
Superior Court Judge Thomas Manahan, sitting in Morristown, told the attorneys to draw up in writing exactly which DNA evidence will be agreed on and also to provide him a transcript of the daughter’s statement.
Bianchi and Hamilton are also working up an agreement on how Hinds’ diary may be presented to the jury — an area that may shed light on Feliciano’s motive, the main area of contention remaining in the case.
Bianchi said the diary showed that Hinds was working on getting Feliciano fingerprinted and listed Oct. 23, 2009 as the custodian’s “last day.” The prosecution contends Hinds was preparing to fire Feliciano after learning of his prior criminal record in a case involving a juvenile in Pennsylvania.
Bianchi said the diary bolsters that argument. He pointed out that the diary makes no reference to any alleged “dalliance” between the priest and the janitor.
In a video-recorded interview with an investigator, Feliciano said he stabbed Hinds after the priest threatened to fire him for ending a four-year sexual affair. Manahan has ruled the defense may introduce that statement to the jury only if Feliciano testifies.
Hamilton said he will agree the diary may be used to show only that Hinds “planned” to fire Feliciano, and not to show that he actually did it. Manahan said he and the attorneys will need to work out an agreement on exactly how the diary may be used.
The trial, which began Oct. 20, had been expected to last eight weeks, but with the stipulations, the attorney said they may be able to wrap up testimony by Nov. 9 or 10.
The trial was expected to continue today but was delayed to Tuesday because one juror was unable to attend due to storm-related problems, Manahan said. The juror said she will be back Tuesday, the judge said.
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