E407 New Cases: 1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident. 2. Court could Permit Wiretap of Calls Outside New Jersey. 3. Next events 4. Kenneth Vercammen's Christmas Party/Holiday Happy Hour, Friday, December 7, 2012, 5:00PM - 7:00PM 5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP
5. Register now for: FREEZING COLD HASH RUN & PARTY 3 & 5 MILE GROUP
Greetings Kenneth Vercammen, Esq.,
1. Medical Examiner did not have Expertise to Testify on Movements of Car Occupants in Fatal Accident.State v. Locascio 425 NJ Super. 474 (App. Div. 2012)
Defendant was convicted of vehicular manslaughter after a jury trial. The indictment stemmed from a one-car accident in which defendant's boyfriend was killed after the car veered off the road and struck a tree. The pivotal issue at trial was whether, as the State contended, defendant was the driver or whether, as the defense and its expert contended, the boyfriend was the driver.
The State presented expert testimony from the county medical examiner opining that defendant was the driver. During the course of his testimony, the medical examiner rendered opinions, over defendant's objection, about the probable movements of the occupants within the car as it decelerated and crashed, including an analysis of how the passenger's body allegedly "cushioned" the driver's body during the accident.
The court reversed defendant's conviction and ordered a new trial because the testimony of the medical examiner, who the State concedes is not qualified as an expert in biomechanics or accident reconstruction, prejudicially went beyond the scope of his expertise on a crucial disputed issue. The examiner's testimony should have been confined to the aspects of his expertise as a pathologist concerning the nature and causes of bodily injury, and should not have delved into the biomechanical forces and movements within the automobile.
2. Court could Permit Wiretap of Calls Outside New Jersey. State v. Ates 426 NJ Super. 521 (App. Div. 2012)
Defendant appealed his conviction for the murder of his ex-son-in-law, arguing the unconstitutionality of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, because it permitted the interception of telephone calls between individuals located entirely outside New Jersey. The court rejected this argument, finding no infirmity so long as the listening post was located in New Jersey.
Defendant also argued that the State should have been barred from using all intercepted telephone calls because the State recorded a telephone call between defendant and his attorney. The trial judge precluded the use only of the calls intercepted after the recording of the attorney-client communication and the court concluded this was an appropriate remedy for the reasons expressed in the trial judge's written opinion, State v. Ates, __ N.J. Super. __ (Law Div. 2009).
3. Next Events
10/26/12 Pre- Halloween Party Bar A 6pm
10/27/12 Hoboken 5k 10am Wakefern co-sponsor
10/28/12Trick or Trot 5k Long Branch party at Celtic Cottage after run, 2 for 1 drinks
10/30/12 JSRC club meeting at Bar A, followed by short Freezing Cold Hash meeting 7:45
10/31/12 RVRR Halloween pub-crawl New Brunswick
11/4/12 RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
11/11/12Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am
11/17/12 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh. Wear old running shoes.
$20.00 TO RUN. FREE T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$25.00 DAY OF EVENT. VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR! PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS. FREE BEER FOR WOMEN 21-69. A fun time is guaranteed! You must be over 21 years old to participate. No times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!