2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 29, 2022

E642 VercammenLaw News

 

E642 VercammenLaw News
1. Arrested driver who asked police to retrieve his items from improperly parked car losses motion to Suppress here 
2. Disputed DNA test did not pass Frye Test for Admissibility
3. Bands and free concerts 2022 and inexpensive outdoor events June & July   
1.Recent cases Arrested driver who asked police to retrieve his items from improperly parked car losses motion to Suppress here State v. Tucker
Defendant appealed from the denial of his motion to suppress evidence in his drug charge case. Two police officers on routine patrol passed defendant driving in the opposite direction and noticed that he was not wearing a seatbelt. The officers then began following defendant's vehicle but did not activate their lights and sirens. Defendant ultimately drove to a residence that was not his and parked in the driveway. The officers caught up to defendant and initiated a traffic stop because his vehicle was blocking the public sidewalk. The officers determined that defendant's driving privileges in New Jersey had been suspended and that he had an arrest warrant for failure to appear in court. Defendant was arrested and because he could not arrange for someone to retrieve his vehicle, he asked the officers to grab some personal items. However, when the officers reached into the vehicle to retrieve the items, they found glass vials and sealed zipper bags that contained cocaine and heroin. 
At trial, the trial court denied defendant's motion to suppress, ruling that he had consented to a limited search of the vehicle to retrieve his personal items, during which the officers discovered the drugs in plain view. The trial court further held that the drugs would have been found under the inevitable discovery doctrine as the vehicle was to be towed. On appeal, the court affirmed defendant's conviction. The court agreed that defendant had asked the officers to retrieve items from his vehicle, while the officers would not have entered the car absent defendant's request.  Unreported Source Daily Briefing 1/24/22

 2. Disputed DNA test did not pass Frye Test for Admissibility State v Rochat  
This appeal presents an issue of first impression—whether DNA evidence obtained from extremely small amounts of DNA through a technique known as low copy number (LCN) DNA testing, and in one instance, by using a proprietary Forensic Statistical Tool (FST) software program, which defendant contends are not generally accepted in the relevant scientific community, was improperly admitted at trial.
Defendant was indicted for the murder of a woman he had recently visited, that worked at his father's business. Her partially burned body was found in her residence. She died from blunt force head injuries. As part of their investigation, detectives obtained DNA samples from defendant, his apartment, a condominium that he had access to, his car, and the victim's fingernails. Samples from the kitchen of the apartment tested positive for blood. The DNA samples were sent to a laboratory DNA analysis.
The trial court denied defendant's motion for a Frye1 hearing to determine the admissibility of the LCN DNA test results. At trial, the State's experts testified that DNA samples from the kitchen was consistent with the victim's DNA. Analysis of a second set of DNA samples showed a mixture of DNA from two people, one of whom was the victim. DNA samples from the victim's home did not test positive for defendant's DNA, but samples taken from the victim's fingernails did. Samples from defendant's apartment and car did not test positive for the victim's DNA. Defense experts opined that the LCN DNA testing and FST were neither reliable nor generally accepted in the relevant scientific community. Defendant was found guilty of the murder. 1 Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
On appeal, the court remanded the case for a Frye hearing to determine the admissibility of the disputed DNA evidence under the standards adopted in State v. Harvey, 151 N.J. 117 (1997), and retained jurisdiction.
Following a multi-day Frye hearing, at which numerous expert witnesses testified, the trial court determined the State clearly established that the LCN DNA testing technique and FST were generally accepted in the relevant scientific community and ruled the DNA analysis was admissible.
The court rejected the trial courts determinations, concluding that the State did not clearly establish that the LCN DNA testing technique and FST were generally accepted in the relevant scientific community. Therefore, the DNA evidence derived by using that technique and software was inadmissible. Noting that the remaining evidence was not overwhelming and recognizing that DNA evidence is powerful and compelling, the court determined that admission of the disputed DNA evidence raised a reasonable doubt that the jury was led to a verdict it otherwise might not have reached. Because the error was not harmless, the court reversed defendant's conviction and remanded for retrial. A-0103-17

  3. Bands and concerts 2022 and outdoor events June & July   
Woodbridge HS Free Tribute Tuesdays, at Woodbridge High School  2022
Tribute Tuesdays at Woodbridge High School
July 5: ELO Tribute Show
July 12: Pure McCartney (Paul McCartney tribute)
July 19: Broken Arrow (Neil Young tribute)
July 26: Gypsy (Stevie Nicks/Fleetwood Mac tribute)
Aug 2: Forever Ray (Ray Charles tribute)
Aug. 9: Beatlemania Again
Aug. 16: Beginnings (Chicago tribute)
Aug. 23: Guthrie Brothers
Aug. 30: The BStreet Band (Bruce Springsteen tribute)
http://woodbridgeartsnj.org./tribute-tuesdays.html https://www.njarts.net/free-events/
Local Band Thursdays, at Herbert Rankin Park Ferry Street, Sewaren

[There are also concerts Long Branch & Freehold Thursday]  
Local Band Thursdays at Herbert Rankin Park
June 30: Revolver
July 7: Atlantic Sound Machine
July 14: Blame It on Richie
July 21: 9 South
July 28: Black Rose
Aug. 4: Shaman
Aug. 11: Kickback Band
Aug. 18: Seven Stone
Aug. 25: Marty & the Martianshttp://woodbridgeartsnj.org./local-band-thursdays.html https://www.njarts.net/free-events

Country Sundays, at Woodbridge High School 7pm sharp Country/Roots Sundays at Woodbridge High School
June 26: The HillBenders (bluegrass The Who tribute)
July 10: Late for the Sky featuring Jake Thistle (Jackson Browne tribute)
July 17: Teddy Thompson & Jenni Muldaur (Nashville duos tribute)
July 24: Live at the Fillmore (The Allman Brothers Band tribute)
July 31: Deadgrass (bluegrass Jerry Garcia/Grateful Dead tribute)
Aug. 7: Kinderhook
Aug. 14: Pirate Flag (Kenny Chesney tribute)
Aug. 21: Jeff Slate’s Weekend Wilburys (The Traveling Wilburys tribute)
Aug. 28: Panama Dead (New Riders of the Purple Sage tribute)
Sept. 4: The Linda Ronstadt Experience [http://woodbridgeartsnj.org./country-sundays.html         source also https://www.njarts.net/free-events

Oldies Mondays, at Woodbridge High School  

June 27: Sky’s the Limit (The Duprees tribute)
July 11: Vito Picone & the Elegants
July 18: Bob Kulik (Frank Sinatra tribute)
July 25: Bobby Wilson (Jackie Wilson tribute)
Aug. 1: Shadows of the ’60s
Aug. 8: The Cameos
Aug. 15: The Capris
Aug. 22: The Del-Satins, featuring Stan Zizka
Aug. 29: The Infernos
http://woodbridgeartsnj.org./oldies-mondays.html https://www.njarts.net/free-events
Long Branch THURSDAYS BY-THE-SEA Pier Village
7/7/22  Smokin’ Jackets [[Eat at McLoone’s first]
July 15 | 9 South {Freehold Joe 
July 22 | JoBananno Jersey Shore Revue
July 29 | The Nerds Long Branch
August 5 | White Wedding 80s Band Long Branch
August 4, 2022 After the Reign Long Branch
8/11      9 South
Aug. 18: Taylor/Smith/King: Celebration of an American Troubadour
8/25     Get Down Band
September 1, 22 | Brian Kirk & The Jirks Long Branch  
https://www.jerseyfamilyfun.com/event/long-branch-summer-concerts-at-pier-village/2022-06-16/
also Sunday Long Branch 7pm Bands by the Beach at West End Park.

June 2: James Maddock
June 9: The Pat Roddy Band
June 16: Carnival Dogs
June 23: The Weeklings
June 30: Eddie Testa Band
July 7: Mission Dance
July 14: Joe Baracata Band
July 21: Matt O’Ree Band
July 28: Peanut Butter Bridges Band
Aug. 4: Parrot Beach
Aug. 11: Colossal Street Jam
Aug. 18: Pat Guadagno & Friends
Aug. 25: Turnstyles    https://www.njarts.net/free-events
      Wednesday   Raritan Bay Waterfront Park
South Amboy/Sayreville Beach Front - O’Leary Boulevard, South Amboy, N.J.   Concerts held on Wednesday evenings, 6:30pm to 8:30pm

Ring of Fire – A Tribute to the Man in Black – Johnny Cash
Wednesday, August 3, 2022
Parkway Soul – A Variety of Motown Classics
Wednesday, August 10, 2022    
Underwater Airlines – A Classic Rockin’ Band
Wednesday, August 17, 2022  
The Perry Brothers – Irish Favorites and more  
Wednesday, August 24, 2022
https://www.middlesexcountynj.gov/find-programs-and-resources/parks-and-recreation/music-in-the-park

       Friday night Keansburg Summer Concerts Schedule
FRIDAY, JULY 8, 2022 AT 7 PM – 9 PM
Keansburg Summer Beach Concert Series: Asbury Fever
Beachway Ave, Keansburg, NJ 07734, United States


     Bayonne Division of Recreation   Summer Sounds by the Bay Concert Series https://www.bayonnenj.org/News/View/10220/division-of-recreation-announces-the-2022-summer-sounds-by-the-bay-music-series

July 20th – Winslow Eagles Tribute Band
Winslow Tribute Band celebrates the iconic American Band The Eagles 
July 27th – Long Live the Beatles Show! Bayonne
August 10th – Lights Out Beach Boys Bayonne
August 17th – Amish Outlaws Bayonne
 Inexpensive outdoor music, support live music
Donovan's Reef Tuesday night dead bands
6/28   Dead Reckoning   6pm  [swim in ocean before swim at 5:15]
7/5 Cosmic Jerry Donovan’s 6pm  [swim in ocean before swim at 5:15]
Also 7/9 Guns 4 Hire Sat 6pm
7/12   Dead Reckoning   6pm  [swim in ocean before swim at 5:15]  https://www.donovansreefbeachbar.com/weekly-events/2022/7/12/dead-reckoning
7/19 Deadbank Donovan's Reef Beach Bar
Union Township  Summer Concert Series at Rabkin Park (except as noted)
July 7: Epic Soul
July 14: Foreigners Journey, tribute to Foreigner and Journey
July 21: Super Trans Am, ’70s tribute
July 28: E Street Shuffle, Bruce Springsteen tribute

Other June & July outdoor shows


FRI, JUL 8 AT 7 PM
The Biergarten at the German American Society of Trenton
 
FRI, JUL 29 AT 7 PM
 
SAT, SEP 10 AT 7 PM
The Biergarten at the German American Society of Trenton

B Street Band June 27, 2022 @ 7:00 pm
LEAD Fest Mercer County
Mercer County Park 1638 Old Trenton Road West Windsor
https://www.bstreetband.com/calendar/action~month/

A Benefit Supporting Mary's Place
Sunday, July 10, 2022  ·  2:00 PM - 8:00 PM
Bar A
$25.00 Indoor Event 2-8pm
   Featuring Live Performances By
Eddie Testa Band , Joe Baracata Band, Guns 4 Hire, The Ruckus, The Outsiderz and City Asyum

Sunday 6/26, 10th Avenue Burrito Belmar NJ, Lovelight with Mark Diomede 3 pm

Fri Jul 22 / 7 PM
 Crazy in the Sunlight    plays The all New McCann's   Wall NJ Jul 22 / 7 PM Located at the Spring Meadow Golf Course 4185 Atlantic Ave Wall - Located at the Spring Meadow Golf Course 4185 Atlantic Ave Wall, NJ 07719

Roddy's Big Band Extravaganza
Saturday, July 23, 2022  ·  4:30 PM - 8:00 PM
Bar A
$20.00
   Showtime 5pm

WEDNESDAY mights AT 6 PM – 10 PM
Sandy Mack & Friends Roots Rock Revival * The Asbury
Asbury park
Ken V was speaker at NJ State Bar Annual Meeting Municipal Court program
Speakers:
Kenneth A. Vercammen, Esq.
Adam Herbst, Esq.
Moshood Muftau, Deputy County Counsel Prosecutor Hillside, Roselle Irvington
Joshua H. Reinitz, Esq.
Kevin McKernan, Esq. , Peter Lederman Esq.
Also speaking not in photo
Hon. Harry D. Norton Jr., J.M.C.
Jacob P. Davidson, Esq.
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E641 VercammenLaw News

 

E641 VercammenLaw News
1. Friday May 27  “Legends of Belmar”
2 Maggie Mae song sang by adults at Shannon wedding  
3. Recent case  Protective sweep of home permitted where very real and potential danger
4. Saturday May 28, Edison Annual Memorial Day Parade, Edison Township  
5. What is Memorial Day
 1    Join the Friday May 27  “Legends of Belmar” 
1. Friday May 27  “Legends of Belmar” Friday night of Memorial Day - “Start of Summer Happy Hour with the Legends of Belmar” Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D’Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave. Not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D’Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Chris K, Loud Scott, Legendettes, maybe even Daniel-son. Free to attend
https://www.facebook.com/events/711395063432465
2 Maggie Mae song sang by adults at Shannon wedding  

 2 Maggie Mae song sang by adults at Shannon wedding  Ken V. Steve V, Chris K, Mike S cousins Craig Bartnicki, Chuck, Dan T friends Rob, George etc at Shannon Wedding.
Most singers where at Ken & Cynthia / Shannon's parents wedding in 1989
Links on YouTube
Maggie Mae song wedding 1
https://www.youtube.com/watch?v=XFcqt0BzE-Q&list=UUKn28aj7Ka9tM9hFrhrdRKw&index=4

Maggie Mae song wedding 2

https://www.youtube.com/watch?v=DKtpup98kf4&list=UUKn28aj7Ka9tM9hFrhrdRKw&index=3

Maggie Mae song wedding 3
https://www.youtube.com/watch?v=nRwyfzv9mFs&list=UUKn28aj7Ka9tM9hFrhrdRKw&index=2


Maggie Mae singing # 4 wedding
https://www.youtube.com/watch?v=omGr6wg9O2U&list=UUKn28aj7Ka9tM9hFrhrdRKw&index=1

more at https://www.youtube.com/user/kvercammen
Congratulations Shannon and Zach married May 7.
Ken and Shannon:

Video on Facebook
Link to wedding entry with bagpipes 
https://www.facebook.com/624960484/videos/pcb.10159449412825485/576393776974325
First dance
3. Recent case  Protective sweep of home permitted where very real and potential danger State v. Terres
      When an arrest occurs outside a home, the police may not enter the dwelling or conduct a protective sweep in the absence of a reasonable and articulable suspicion that a person or persons are present inside and pose an imminent threat to the officers’ safety. This sensible balancing of the fundamental right to privacy in one’s home and the compelling interest in officer safety will depend on an objective assessment of the particular circumstances in each case, such as the manner of the arrest, the distance of the arrest from the home, the reasonableness of the officers’ suspicion that persons were in the dwelling and likely to launch an imminent attack, and any other relevant factors. A self-created exigency by the police cannot justify entry into the home or a protective sweep. Here, a protective sweep was not warranted in the Radel case but was constitutionally justified in the Terres case. in Terres, the officers faced unexpected and fast-evolving circumstances that signaled danger and the need for prompt action to safeguard their lives. The officers received a warning to be careful and that another male was with Fuller in Terres’s trailer -- a clear signal of a potential threat; they had been told that Fuller was staying in a building where loose bullets and shell casings were observed; Fuller fled the trailer when he was arrested within feet of the open front door; and the situation was fluid and not stabilized as Trooper Hershey attempted to retrieve a hypodermic needle from Fuller’s pocket. Those specific and articulable facts in Terres provided a reasonable basis for entry into the home based on a very real and potential danger. A-45-20 NJ Supreme

4. Saturday May 28, Edison Annual Memorial Day Parade, Edison Township  12 noon
 Veterans, marching units, scout troops, youth sports leagues, high school organizations, floats, antique cars, local police and fire departments, and horse mounted individuals or units are invited to participate in the parade. Starts noon Sunday
The Parade will start at Division Street and continue down Plainfield Avenue to Jefferson Blvd and end at Father & Son Legion Post 435 at the intersection of Jefferson Blvd and Oakland Avenue.

Edison Memorial Day Parade 12 noon  Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments. 
       Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion.  Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave, 
Edison, NJ 08817
Phone:  (732) 985-9768
5. What is Memorial Day

Memorial Day should be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns hold parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA  

On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
         It is
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW  Memorial Day address


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