By Ben Horowitz
The Star-Ledger
November 15, 2011
http://www.nj.com/news/index.ssf/2011/11/public_defender_demands_mistri.html
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| Jose Feliciano, right, turns to look at those sitting in the gallery during his trial for the murder of Father Edward Hinds, pastor of St. Patrick Church in Chatham, held in Superior Court in Morristown today. |
MORRISTOWN — Questions over whether the Rev. Edward Hinds followed proper procedures in his apparent firing of church custodian Jose Feliciano set off a fierce debate at Feliciano's murder trial today.
Although there appears to be no paper trail indicating Hinds followed the five-step process required to terminate employees, unresolved criminal charges faced by Feliciano from 1988 would have been enough to fire him immediately, according to testimony by the general counsel to the Diocese of Paterson.
Feliciano's public defender, Neill Hamilton, demanded a mistrial be declared after Morris County Prosecutor Robert Bianchi persisted in asking questions about the criminal charges.
Superior Court Judge Thomas Manahan, sitting in Morristown, let the trial continue, but reminded Bianchi of the limits he imposed regarding the charges and told the prosecutor to move on to other subjects.
Feliciano, now 66, of Easton, Pa., is accused in the Oct. 22, 2009, stabbing death of Hinds, 61, pastor at the St. Patrick Church in Chatham. The prosecution contends Feliciano killed Hinds after the priest fired him upon learning of the criminal charges less than five months before Feliciano would have retired with benefits.
Hamilton has acknowledged Feliciano killed Hinds, but contends it was manslaughter, and not murder, because Hinds provoked Feliciano by making him perform unspecified acts.
Called as a defense witness, Kenneth Mullaney, the attorney for the diocese, described the process normally required to fire employees, including a verbal warning, written warning and two suspensions.
"Termination has to be done without a surprise," Mullaney testified.
Mullaney also talked about rules set by the U.S. Conference of Catholic Bishops known as "Protecting God's Children," which he said were designed to deal with "sexual abuse of minors."
Feliciano failed to appear in a Philadelphia court in 1988 to face three charges, including indecent assault on a 7-year-old girl and corrupting the morals of a minor.
Manahan has ruled the jury may hear Feliciano faced three charges involving a child, but may not hear what the specific charges were.
Bianchi showed Mullaney a copy of the Philadelphia charges, and Mullaney said there was "no question at all" Feliciano should have been immediately fired.
"Those are the exact charges that were meant to be protected against in 'Protecting God's Children,'" Bianchi said.
Hamilton objected vehemently.
The jury was taken out of the courtroom, and Hamilton asked that a mistrial be declared. Hamilton said that while Bianchi was being "a little subtle," he "made it clear those were sex charges."
Manahan said that to declare a mistrial, there would have to be "some urgent necessity," and Bianchi's question didn't "approach that requirement."
The trial was recessed until Nov. 28, when it will continue with more testimony from defense witnesses.
Hamilton declined to say whether Feliciano will testify, but left open the possibility.
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