05-12-08 A-4402-06T5
In trial of former police chief for arson and conspiracy to murder his wife, fact that the wife obtained a domestic violence temporary restraining order against defendant resulting in his suspension from office deemed admissible under Rule 404(b) on State's theory of motive. Similarly, charges later filed by wife of violation of the TRO and terroristic threats, resulting in conviction on disorderly persons charges and forfeiture of defendant's office, also held admissible as to motive. Jury to receive limiting instructions including an instruction that defendant's conviction on disorderly persons charges was reversed after defendant's indictment on arson and conspiracy charges.
Subscribe to:
Post Comments (Atom)
1 comment:
This transformation of the charges from violation of a TRO and terrorist threats to a disorderly persons conviction does not seem techically correct. It is my understanding these charges were the result of a conversation Philip Castagna had with the complainant's uncle during which he mentioned getting a gun and appearing as a headline. Can you explain how the court translated the charges to a disorderly persons charge? Was that supposed to be a favor from by the court by convicting the former Chief of Police of a lesser charge as it was cognizant that he was in the midst of already being punished for previous domestic abuse charges by his denial of office?
Post a Comment