Crime & Safety

Prosecutors Wrapping Up Pre-Trial Proceedings for Accused Murderer (UPDATED)

Judge Thomas V. Manahan said all motions in the case must be filed by Sept. 8.

UPDATE: 12:05 p.m. MORRISTOWN — A Morris County assistant prosecutor said Wednesday the state has collected the majority of the documents it needs for a potential trial involving Jose Feliciano, a former St. Patrick's Church janitor who is accused of killing church pastor Edward Hinds.

Assistant Prosecutor John McNamara said in state Superior Court that most relevant records in the case have been provided. He said the state would be prepared for a trial by winter 2011—a date McNamara said has been floated as a trial start date—if it were to start then.

The records include phone logs, home and computer archives and DNA reports.

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"Most of the loose ends are tied up," McNamara said.

Feliciano's matter was in state Superior Court Wednesday before Judge Thomas V. Manahan for a status conference during which the judge heard about progress both sides have made in the matter.

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Manahan said he wants all motions in the case to be filed by Sept. 8. Feliciano must take a psychiatric exam at some point during the proceedings.

But Assistant Deputy Public Defender Neill Hamilton, who is representing Feliciano, said he was unsure whether the exam could be performed before that date. Many people who would be involved in making the exam happen—including, potentially, the psychiatrist responsible for the test—are on vacation during August, Hamilton said, and might not be able to make the exam happen by early September.

Manahan said he was comfortable with the exam being put off until after that date as long as progress was made in the matter.

McNamara said he hoped the exam could take place soon.

"There is ample discovery for it to go forward," he said.

The two sides have discussed a plea agreement that, McNamara said, would allow Feliciano to be sentenced to life without parole, but have not come to terms.

McNamara had said at a status conference June 23 that as the assistant prosecutor put it. But he said Wednesday he does not think it will be unsealed, and said even if it were, it would not add very much to his side's case.

The prosecution's case, he said, focuses on the fact that the Diocese of Paterson was conducting background checks on its employees just before the murder happened, and Feliciano had a prior conviction in Pennsylvania that would have likely been discovered through the checks. It will allege, McNamara said, that those events "led to the homicide."

Feliciano has been charged with two counts of murder, two counts of unlawful weapon possession, one count of third-degree robbery and one count of hindering one's own apprehension. The robbery and hindering counts stem from charges that he stole Hinds' cellular phone during the murder and from allegations that an outstanding warrant had been issued for his arrest some 20 years prior.

He was arrested Oct. 24 and pleaded not guilty to the charges during a March 3 arraignment.

He appeared in court Wednesday wearing a yellow jumpsuit and rocked back and forth during the court proceedings. As he was being escorted out of the courtroom, he held a piece of paper in front of his face as press members attempted to take his photo.


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