By Ben Horowitz
The Star-Ledger
November 29, 2011
http://www.nj.com/news/index.ssf/2011/11/tempers_flare_as_prosecution_c.html
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| During his cross-examination Morris County Prosecutor Robert Bianchi, right, points out to Jose Feliciano one of the pages in his sworn testimony. (Robert Sciarrino/The Star-Ledger/Court Pool) |
Former Chatham church janitor Jose Feliciano, on trial for killing a priest, insisted on the witness stand today that his testimony was not substantially different from the account he gave when he was arrested two years ago.
But during hours of tense cross-examination Morris County Prosecutor Robert Bianchi repeatedly accused Feliciano of changing his version of what happened.
"Is your memory of the incident better now than it was right after it happened?" Bianchi asked.
Feliciano acknowledged changing details, but he steadily maintained both versions were true.
"Don’t change my story, please," Feliciano said, his eyes widening in anger during the scathing cross-examination.
The 66-year-old custodian took the stand in Superior Court in Morristown for the second day today in his murder trial in the killing of the Rev. Edward Hinds, 61. Feliciano is accused of stabbing the priest 44 times in the rectory of St. Patrick Church on Oct. 22, 2009.
The former janitor told the jury Monday that Hinds had been extorting him for years, forcing him into unwanted sexual contact under the threat of exposing Feliciano’s criminal past — but then five months before the custodian’s retirement, he said the priest fired him.
Feliciano said he grabbed a steak knife and "just went crazy," stabbing Hinds over and over.
During questioning by Bianchi, Feliciano said he omitted some details on Oct. 24, 2009, during a three-hour interview with Capt. Jeffrey Paul of the prosecutor’s office when he was arrested. The interview produced a 152-page transcript.
"I didn’t tell Paul everything," Feliciano said repeatedly on the stand. "I don’t believe anybody who is accused of anything would tell everything."
The most bitter exchange erupted shortly after Bianchi started questioning Feliciano.
"A lot of things you said during the trial were very different from what you said to Captain Paul," Bianchi said.
"Not really, don’t change my story, please," Feliciano retorted.
As the janitor repeated that phrase several times, Superior Court Judge Thomas Manahan ordered the jury out of the courtroom, and several court officers approached Feliciano at the witness stand.
"And please, sir, don’t laugh at me," Feliciano said to Bianchi. Turning to the judge, Feliciano added, "He was laughing at me."
Manahan told Feliciano: "If you’re asked a question, take your time and answer it. This is not a boxing match. You’re not sparring with Mr. Bianchi."
“That’s one of the things I said to Capt. Paul,” Feliciano said, while not admitting he changed his entire story.
The trial took on a calmer tone after the jury returned, but the contentious edge in the exchanges between Bianchi and Feliciano never disappeared.
On Monday, Feliciano said he was provoked into stabbing Hinds when the priest fired him after he had let Hinds touch his genitals for four years. Feliciano had allowed the sexual contact, he said, in exchange for the priest’s not revealing Feliciano had been wanted in Pennsylvania since 1988 on allegations including indecent assault on a 7-year-old girl.
Bianchi pointed out that Feliciano testified Hinds initiated the meeting that led to the stabbing.
In 2009, however, Feliciano told Paul that he initiated the meeting because he wanted to end the sexual relationship, the prosecutor said.
"That’s one of the things I said to Captain Paul," Feliciano acknowledged.
Bianchi reminded Feliciano that on Monday he said he stabbed Hinds after the priest said he had to fire him because of some unexplained "problems in the parish."
The prosecutor pointed out Feliciano hadn’t told Paul that, but instead said he was angered after Hinds declined to help him, as he usually did.
Feliciano also acknowledged he didn’t discuss his pending retirement with Paul. Testifying Monday, he said Hinds had made "a promise" to let him work until he turned 65 in March 2010.
Feliciano admitted he "lied" during the first 82 pages of the interview with Paul, when he denied stabbing Hinds. "I didn’t want to get caught," he said. "I didn’t want anybody to know."
Feliciano eventually confessed after Paul confronted him with physical evidence linking him to the crime, including Hinds’ cell phone, which had been found in a park near Feliciano’s home in Easton, Pa., earlier that day.
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