Community Corner

Judge Outlines Charges for Feliciano Jury

Instructions totaling 59 pages were read aloud to the jury Tuesday.

summations , the Hon. Thomas V. Manahan outlined the seven charges Jose Feliciano faces in the stabbing death of the Rev. Edward Hinds for the jury Tuesday.

Manahan gave his instructions to the jury Tuesday morning and into Tuesday afternoon. In part he read aloud from a 59-page document, which was edited by defense and prosecuting attorneys up until Tuesday morning. 

After the jury was excused for lunch, Morris County Prosecutor Robert A. Bianchi objected to the judge's oral instructions, saying they differed from the written instructions contained in the document.

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Among the seven charges are two murder charges: felony murder and murder. He also faces two counts of robbery charges, unlawful possession of a weapon and hindering his own arrest.

Feliciano, 66, pleaded not guilty to all charges. He admitted to stabbing Hinds while on the stand, but said he was provoked when Hinds, the former pastor from , fired him after he tried to end a sexual relationship between himself and the priest. Feliciano had been a custodian at the church for 18 years at the time of the Oct. 22, 2009 murder.

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In order for the jury to find Feliciano guilty of a passion/provocation murder, the jury must find each of the following four circumstances exist:

  • There was adequate provocation.
  • The provocation impassioned Feliciano.
  • There was no reasonable time to cool off.
  • Feliciano did not actually cool off between the provocation and committing the murder.

If any of the above factors is disproven by the state, the jury cannot find Feliciano guilty of a passion/provocation murder, Manahan said.

Under the law, the jury can confict Feliciano of felony murder if they find he "purposely and knowingly caused" Hinds' death and did not act in the "heat of passion." However, the state must prove Feliciano killed the priest during the commission of or concealment or flight from a crime.

Bianchi alleges Feliciano is guilty of felony murder because he committed the murder during the course of a robbery, namely when he robbed Hinds of his mobile phone to prevent the priest from seeking medical attention by calling 911.

Felony murder carries a mandatory sentence of 30 years to life in prison.

Jury deliberations concluded Tuesday afternoon because it is the first night of Hanukkah. They will resume Wednesday morning.


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