STATE OF NEW JERSEY VS. KIWANIE SALTER A-4410-10T2
Defendant was indicted for, among other crimes, two counts of aggravated sexual assault by oral penetration and two counts of criminal sexual contact. Each count alleged the conduct occurred between September 2nd and September 5th, 2006, and the language in each was identical.
The juvenile victim testified to the various incidents that allegedly occurred and formed the basis of the individual counts, although his testimony was somewhat inconsistent with that given before the Grand Jury. In her jury instructions, the judge did not differentiate what alleged conduct was charged in each count. After an extended sidebar discussion, and the prosecutor's ultimate assent, the judge submitted a jury verdict sheet that similarly did not differentiate what conduct was alleged in each of the four counts. The jury found defendant guilty of one count of aggravated sexual assault, but not guilty
of the other. It also found defendant guilty of both counts of criminal sexual contact. 05-08-12