The New Jersey Appellate Division has issued an important opinion concerning the use and admissibility of statements by defense counsel in criminal cases. On Jan. 26, the Appellate Division reversed the sex crime convictions of Dr. James Mauti—because of the admission of a towel containing defendant’s semen without linking it to the alleged criminal incident involving his sister-in-law, and because of the introduction of an excessive number of fresh complaint witnesses without giving an appropriate limiting instruction concerning use of the evidence. The offenses allegedly occurred while the victim was being treated for back pain by the defendant.
However, the Appellate Division also held that a redacted copy of a letter defense counsel wrote to the prosecutor, including a description of the medical treatment defendant provided to the victim and the medications he administered during the treatment—written to persuade the prosecutor not to file charges against defendant—was properly admitted at the trial. The letter did not contain reference to the drug choral hydrate which was found in the victim’s blood upon examination after she reported the event. The defendant claimed at trial that the medication administered during the treatment caused hallucinations and “distorted perceptions of reality” at the time of the alleged sexual assault, and the prosecutor argued that reference to chloral hydrate was omitted from the letter, evidencing “consciousness of guilt.” The trial judge concluded that relevant portions of the attorney’s letter were admissible as an adoptive omission, and the Appellate Division agreed. It concluded that the letter did not fall within the ambit of “plea negotiations,” and thus within the meaning of N.J.R.E. 410.
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