By Ben Horowitz
The Star-Ledger
December 20, 2011
http://www.nj.com/news/index.ssf/2011/12/judge_instructs_jury_before_de.html
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| Judge Thomas Manahan talks to the attorneys prior to the jury getting the case. We wait for a verdict in the Jose Feliciano murder trial. |
The Jose Feliciano murder trial headed to the jury today when Superior Court Judge Thomas Manahan gave his instructions to the panel in Morristown.
Manahan defined the charges the jury will be considering, a key element in the complicated case.
The jury began deliberating at 3:05 p.m., but five minutes later, requested a copy of Manahan's 59-page "jury charge," his instructions. Morris County Prosecutor Robert Bianchi objected, saying the judge's oral instructions had differed from the written transcript, which contained typos. Deliberations were called off for the day and are to resume tomorrow at 11 a.m., when officials hope to have a new transcript that is identical to the judge's oral charge.
Feliciano, 66, of Easton, Pa., former custodian at St. Patrick Church in Chatham, is accused in the Oct. 22, 2009 stabbing death of the parish priest, the Rev. Edward Hinds, 61.
Feliciano faces two murder charges – murder, and felony murder.
On the murder charge, Feliciano has admitted stabbing Hinds, but contends he was provoked and says it was a passion/provocation manslaughter, not a murder. Feliciano says Hinds provoked him by firing him less than five months before his planned retirement after forcing him into a sexual relationship for four years in exchange for keeping unresolved criminal charges quiet.
The prosecution says Feliciano “knowingly and purposely” killed Hinds when the priest fired him less than two weeks after learning of the 1988 charges, which involved a minor in Pennsylvania.
For a finding of “passion/provocation manslaughter,” Manahan told the jury, the defense must prove four elements – including “adequate provocation” for the killing, such as a threat with a gun or a knife.
“Words alone do not constitute adequate provocation,” the judge said.
The defense must also prove that the provocation “impassioned” the defendant; that the defendant did not have time to “cool off” and that the defendant did not “cool off,” Manahan said.
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| Jose Felicano defendant; testifies in his own trial for the murder of Father Edward Hines of St. Patrick Church in Chatham, during his trial in Morristown. 11/28/11 Photo Jerry McCrea/The Star-Ledger |
On the felony murder charge, which also carries a mandatory sentence of 30 years to life, there is no “passion/provocation” option and the jury may only find Feliciano guilty or not guilty, Manahan said.
The prosecution contends it was a felony murder because Feliciano allegedly robbed Hinds’ cell phone while he was trying to make a 911 emergency call during the course of the stabbing. Feliciano is seeking a not guilty verdict on this charge. His attorney pointed out that he meant to harm Hinds, not steal from him, and he didn’t take the cell phone until he was cleaning up after the stabbing.
To prove felony murder, the prosecution must show that Feliciano stabbed Hinds during the course of a robbery and that the death occurred during the commission of the crime or in the “flight or concealment” of the crime, Manahan said.
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