By Ben Horowitz
The Star-Ledger
November 16, 2011
http://www.nj.com/news/index.ssf/2011/11/nj_judge_wont_dismiss_felony_m.html
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| Jose Feliciano pictured in court Monday. |
CHATHAM — A Superior Court judge today refused to dismiss a felony murder charge lodged against former Chatham church custodian Jose Feliciano in the stabbing death of the Rev. Edward Hinds.
The indictment against Feliciano charges him with two counts of first-degree murder — premeditated murder and felony murder, meaning it occurred during the commission of a crime. In this case, prosecutors accused Feliciano of taking Hinds' cell phone.
After the prosecution concluded its case, Feliciano's public defender, Neill Hamilton, argued to get the felony murder charge dropped because the prosecution didn't prove that had it not been for the robbery, Hinds would not have died.
"There has to be some causation argument," Hamilton said.
Judge Thomas Manahan, sitting in Morristown, ruled the felony murder charge must stand because evidence has shown Feliciano took the phone from Hinds while he was still alive and was attempting to make a 911 emergency call to report the stabbing.
"One who is being attacked and stabbed is not going to willingly turn over his phone to the attacker," Manahan said.
In the 911 recording, the caller — who has been identified as Hinds — says the location of the emergency is Washington Avenue, the site of St. Patrick Church, but then the call is cut off.
Two days after the killing, investigators found Hinds' phone discarded in a park across the street from Feliciano's home in Easton, Pa., according to testimony.
Arguing to uphold the felony murder charge, Assistant Morris County Prosecutor John McNamara Jr. said the prosecution needed only to prove that the defendant's conduct during the robbery contributed to the death.
"Father Hinds was unable to get his cell phone back because of the use of force by the defendant," McNamara said.
The jury was not present during today's hearing, which occurred while the trial was in a recess. The trial will resume on Nov. 28.
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