An Analysis Of Charl Van Wyks Shooting Back - are not
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Supreme Court of New Jersey. Argued October 30, Decided April 11, Joseph A. Hayden, Jr. Hayden and William R. Martin, a member of the District of Columbia bar, of counsel; Mr. Hayden, Mr. Martin, Shawn M. Adams, on the briefs.
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Catherine A. Molinelli, Bergen County Prosecutor, President, attorney. Lawrence S. Lustberg and Claudia Van Wyk, Newark, on the brief. In connection with the February shooting death of Costas "Gus" Christofi, defendant Jayson Williams was charged with aggravated manslaughter, N. The court therefore accepted http://pinsoftek.com/wp-content/custom/life-in-hell/comfort-zone-scholarship-essay.php jury's verdict on all of the counts except for reckless Cuarl and declared a mistrial as to that count.
Facing retrial on the reckless manslaughter charge, defendant filed a motion to exclude evidence of his conduct immediately after the shooting. The State argued that, notwithstanding that the crime involves a reckless mens rea element, the evidence is relevant as demonstrative of a consciousness of guilt that is probative of defendant's state of mind during the shooting incident. The State also disputed that the evidence would cause undue prejudice.
The trial court held the evidence to be inadmissible. Its determination was grounded on the conclusion that post-crime evidence of consciousness of guilt is not relevant to demonstrate recklessness.
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Moreover, the court found that introduction of the post-shooting-conduct evidence would be unduly prejudicial to defendant in the retrial, notwithstanding the court's contrary conclusion at the first trial when it declined to sever the post-shooting counts from the shooting counts. In an unpublished opinion, the Appellate Division affirmed. For context, we recount briefly the circumstances surrounding Christofi's shooting as presented during the first trial.
The events transpired during the evening of February 13,when defendant, his long-time friend Kent Culuko, and several others attended a Harlem Globetrotters basketball game held at Lehigh University. During halftime, defendant invited the Globetrotters players to join him for dinner. Defendant arranged for the players to be picked up at their hotel and driven to the Anqlysis restaurant by a hired here.
𝓒𝓸𝓷𝓷𝓮𝓬𝓽𝓲𝓬𝓾𝓽
The driver of that van was Gus Christofi. The engagement had an inauspicious start for Christofi. During dinner, while defendant and his guests ate and drank, Christofi, who was waiting in the restaurant, was subjected to loud embarrassing remarks by defendant questioning Christofi's right to be present in the restaurant.]
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