Jersey DWI & Criminal Defense Law Blog : New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

FREEHOLD — Rosario Miraglia, aged 36, has maintained that he killed on orders from God continued his rantings today as Judge Paul Chaiet ordered him to prison for the rest of his life for the decapitation murders of his grandmother and ex-girlfriend in their Ocean Township home.

Prior to sentencing Miraglia to two consecutive life prison terms with no possibility for release on parole, Miraglia informed the judge that those were, in fact, not the people he had killed.

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FREEHOLD - This week's question focuses on the early media attention surrounding an indictment against, Lorie Hentges, a nurse at Jersey Shore University Medical Center on murder charges in connection  with the death of a patient there. One only needs to read the comments to some of the on-line newspapers to see the backlash against Lorie Hentges. The comment posters have seemed to have forgotten that one of the greatest points of our justice system is that folks are innocent until proven guilty beyond a reasonable doubt.

The return of an indictment by a grand jury is not admissible evidence of any wrong doing and should not be construed as a finding of guilt against her. Lastly, a grand jury proceeding is a one-sided proceeding where the Prosecutor's present evidence and the accused is not allowed to have an attorney present inside the proceedings.
 

With this in mind, will the comments in  response to the early media attention, influence Ms. Hentges ability to receive an impartial jury at the time of trial?

By: Thomas H. Martin, Esq.

www.thomasmartinlaw.com

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FREEHOLD — A Monmouth County grand jury returned a true bill of indictment against,  Lorie Hentges, a nurse at Jersey Shore University Medical Center on murder charges in connection the death of a patient there. The indictment charges that the nurse injected Alvin Flamenbaum, 72, with "an unprescribed drug" while he was a patient in the Intensive Care Unit of the hospital. The patient died on April 14, 2007, prosecutors said.

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FREEHOLD — The highly paid, expert psychiatrist contracted by the State to attack the insanity defense of Rosario Russell Miraglia (the man accused of murdering his grandmother and ex-girlfriend in Ocean Township) actually testified in another case that nicotine is not an addictive substance. In his cross-examination of Dr. Timothy J. Michals, defense attorney Joseph Krakora elicited testimony that the state's expert in the prosecution of Miraglia earns $475 an hour and stands to earn up to $15,000 for his work on the case.

Defense attorney Krakora also established on cross-examination that the Dr. Michals once testified as a paid expert in a civil lawsuit against tobacco companies that nicotine is not addictive, despite numerous findings and studies which deemed it is.

What does this mean to the case? Well, the battle of the experts appears to have been won by the defense. It is possible that Dr. Michals may come across to the jury as unqualified in his opinion or willing to testify  for any side if he is adequately paid.  

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Freehold, NJ- This week's question arises from the Miraglia murder case in which Mr. Miraglia is accused of decapitating the heads of his ex-girlfriend and grandmother; as well as severing their feet. In the case, the defense is claiming that Mr. Miraglia was acting upon voices from God ordering him to do what he did. The Prosecution contains that this is a ruse and that Mr. Miraglia was sane at the time of the murders and thus guilty of the offenses.

Question:

 Will the jurors find Mr. Miraglia guilty in the double homicide and or murder trial in Monmouth County or deem that he was insane at the time of the murders?

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FREEHOLD- In the Miraglia Murder Case, the trial Judge ruled that the photographs of the deceased were deemed too graphic. In an effort to put the photographs in front ot the jury, the Monmouth County Prosecutor's Office "grayed out" a series of silhouettes that were superimposed onto the crime-scene photographs. The gray silhouettes, displayed in the photographs, were from the entry foyer to Julia Miraglia's home and an upstairs bedroom where Martinez lived . The silhouettes masked the torsos, heads, hands and feet of the two victims. The defendant is accused of murdering his grandmother in the foyer and his ex-girlfriend in the upstairs bedrooom. The defense continues to assert the insanity defense on behalf of the defendant.

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Long Branch-NJ. In this week's "Court of Public Opinion" we ask the readers to comment on the unfortunate and tragic incident that resulted in the death of Nikki Leake and murder charges being filed against John Erving in Long Branch. This past Sunday, Jimmy Erving brought John Erving to the Long Branch police to address the murder of Nikki Leake. Jimmy's actions have generated a backdraft of criticism from friends and family.

Specifically, Jimmy stated, "I'm not saying it was easy, he's my brother, but what am I supposed to do?" ... "When Johnny came to me Sunday he knew he had to give himself up. He knew he had to go in. Basically he was scared to death. He needed somebody by his side to make him feel comfortable. I did what a brother does." Jim Erving, as set forth by the Asbury Park Press, said John stated he stabbed Leake after she had came at him with a knife after an argument over a six pack of beer.

Questions for Comments.

What would you have done if you were in Jim Erving's shoes?

Does Jim Erving deserve the backlash that he received for leading his brother to the police?

Will John Erving's trial attorney be successful in mounting a self-defense claim based upon the idea that Nikki Leake was the aggressor, in the event this matter is tried?

Thomas H. Martin, Esq.

www.thomasmartinlaw.com

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