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Defense Attorney Wants Confession Played in Court

The tape will show how "upset" and "distraught" Feliciano was after Hinds' death, lawyer says.

Neill Hamilton, the defense attorney for accused murderer Jose Feliciano, asked the Hon. Thomas V. Manahan, sitting in Morristown, for permission to play the entire videotaped confession Feliciano gave two days after allegedly killing the Rev. Edward Hinds.

Hamilton said the tape would demonstrate for jurors his client's state of mind at the time of the confession, which he described as "upset" and "distraught." He said those circumstances would support Feliciano's testimony on both direct and cross examination.

The confession was given to Capt. Jeffrey Paul, of the Morris County Prosecutor's Office, on Oct. 24, 2009, one day after Hinds' body was found in the rectory of . At the time of the confession, Feliciano was a patient at Morristown Memorial Hospital, where he had been transported after trying to administer CPR to Hinds' body.

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There is both a three-hour audiotape of Paul's entire interview with Feliciano, and a videotape of the confession portion of their statement.

In the statement Feliciano first denies anything to do with Hinds' death, then eventually confesses. He said he wants to be put away where no one can see him and that he is a "monster." He also admits to previous suicide attempts.

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Robert A. Bianchi, the county prosecutor, said the defense is supposed to be limited to bringing in "prior consistent statements" only. Bianchi said of his ongoing cross examination of Feliciano that "I am going through each section [of the statement] because you can't make out from one page to another [what his story is]."

Also, the information regarding his prior suicide attempts would bring the defendant's mental health into play. "It's prejudicial and irrelevant," Bianchi said.

Hamilton argued Feliciano's state of mind was important for the jurors to understand. "[Bianchi] is the one saying he's a cold and calculated killer. The jury can see the statement and see if it's so."

Manahan said he would make a final ruling Tuesday, but asked Hamilton to determine exactly "what can be argued as prior consistent statements."

Manahan also ruled Monday morning that the prosecution could offer further details about an outstanding warrant for Feliciano from Pennsylvania for inappropriate touching of a minor. 

Bianchi argued the jury should be aware of the details involved in the warrant. "It's key, it's cornerstone [to motive] that Mr. Feliciano did not want his wife and kids to find out about these charges," Bianchi said. "This is not something he wants anyone else to know." He also argued the jury should know the age of the alleged victim, because "minor," he said, could mean any age under 18.

The charges, Hamilton said, have been dismissed since Feliciano's arrest for Hinds' murder and the defense was "opposed to this information coming out."

The jury has heard testimony that the charges were from Philadelphia regarding "a minor" and an incident which took place in 1988. They also heard from general counsel for the diocese that if the nature of the charges was known, Feliciano would have been fired. 

Manahan said the names of the charges could be disclosed, but the age of the minor could not. 

"To the extent that the age of the [alleged] victim matters, it is far outweighed by the risk of undue prejudice and misleading the jurors," Manahan said. "These are charges, not convictions." 

Chatham Patch will continue to update this story.


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