STATE OF NEW JERSEY IN THE INTEREST OF T.M., JR. (FJ-03-0373-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

CourtNew Jersey Superior Court Appellate Division
DecidedAugust 11, 2020
DocketA-2883-17T2
StatusUnpublished

This text of STATE OF NEW JERSEY IN THE INTEREST OF T.M., JR. (FJ-03-0373-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (STATE OF NEW JERSEY IN THE INTEREST OF T.M., JR. (FJ-03-0373-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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STATE OF NEW JERSEY IN THE INTEREST OF T.M., JR. (FJ-03-0373-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED), (N.J. Ct. App. 2020).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in othe r cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2883-17T2

STATE OF NEW JERSEY IN THE INTEREST OF T.M., Jr., a Juvenile. __________________________

Submitted October 31, 2019 – Decided August 11, 2020

Before Judges Alvarez and DeAlmeida.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FJ-03-0373-17.

Joseph E. Krakora, Public Defender, attorney for appellant (Janet Anne Allegro, Designated Counsel, on the briefs).

Scott A. Coffina, Burlington County Prosecutor, attorney for respondent (Jennifer Bentzel Paszkiewicz, Assistant Prosecutor, of counsel and on the brief).

PER CURIAM

T.M., Jr. (T.M.), a juvenile, appeals from the February 13, 2018

adjudication of delinquency for five offenses that would constitute criminal acts if committed as an adult and the sentence imposed for those offenses . We

affirm.

I.

Burlington County officials charged T.M. with the following offenses

arising from the October 23, 2016 home-invasion robbery and shooting of a

young man in Willingboro: first-degree robbery, N.J.S.A. 2C:15-1(a)(1);

second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b)(1);

second-degree possession of a weapon for unlawful purpose, N.J.S.A. 2C:39-

4(a); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and

N.J.S.A. 2C:15-1(a)(1); and second-degree burglary, N.J.S.A. 2C:18-2(a)(1).

At trial, the State presented evidence of the following version of events:

T.M., his brother, and T.M.'s girlfriend, A.P.K., conspired to rob the victim at

the victim's home. A.P.K., who had previously dated the victim, accepted an

invitation to his home for a party. When she and the victim were alone in his

bedroom, A.P.K. sent T.M., through a third party, a description of the layout of

the home and location of the room in which the victim could be found.

While A.P.K. and the victim were in bed, T.M. and his brother, who was

armed with a handgun, broke into the house, entered the bedroom, and attempted

A-2883-17T2 2 to restrain the victim. During the struggle, T.M.'s brother shot the victim in the

head.

T.M., his brother, and A.P.K. left the home with various items belonging

to the victim, including two video game consoles. The victim survived the

shooting and identified T.M., his brother, and A.P.K., all of whom he had known

for many years from attending the same school, as the assailants. In an interview

with police shortly after the shooting, A.P.K. identified T.M. and his brother as

having participated in the armed robbery.

Before trial, the State moved pursuant to N.J.R.E. 901 and 902 to

authenticate records from Facebook, a social media platform. The records

related to a Facebook account that T.M. admitted was his, but which he claimed

had been hacked prior to the shooting and was controlled by an unknown person.

The records include inculpatory messages connecting the account holder to the

crimes and the sale of the victim's stolen property. In addition, the records show

photographs of T.M., his family and friends, and messages that identify T.M. as

the person in control of the account, all posted after the shooting.

In an oral opinion, the trial court found the State had authenticated the

Facebook records:

In this case . . . the State subpoenaed . . . documents that it believed were necessary for this case from

A-2883-17T2 3 Facebook and with that came a notarized statement. The Court did review the notarized statement that was set forth in the motion that was filed.

And the Court does find that that does self-authenticate pursuant to Evidence Rule 902. Specifically, subsection (h) which reads, "Documents accompanied by a certificate of acknowledgment executed in the manner provided by law or by a notary public . . . or other officer authorized by law to take acknowledgments."

So the Court does find that what was responded to by Facebook with respect to the warrant, based upon that notarized statement is, in fact, what was provided. So the Court does find that it – that the documents are authenticated.

In a separate oral opinion, the trial court addressed the admissibility of the

Facebook records. The initial question examined by the court was whether the

records related to an account belonging to T.M. The court found "very credible"

testimony from Detective Jason Galiazzi linking both the unique internet address

of the account and its public usernames, "R.B.T."1 and "M.T.J." to T.M., and

explaining the slang and nicknames in the records. Although the State did not

move to qualify Galiazzi as an expert, he was questioned at length regarding his

1 We use initials to protect T.M.'s identity. The record contains evidence the usernames used by T.M. would readily identify him in his community. A-2883-17T2 4 training and experience. The court explained its findings with respect to T.M.'s

control of the Facebook account:

When I looked at all of the exhibits, there were three exhibits from the Facebook business records that stood out in my mind . . . . [T]here is a message from someone named [D.K.] to [R.B.T.] And it says, "What's your address?" . . . . And the response from [R.B.T.] is, ["123 Main St."] 2

We know that at or about October of 2016 that's where [T.M.] lived. . . . I then looked at 56B . . . [a]nd the text is, "Happy birthday." The [date of the message] is xx-xx-2016[3] . . . and it's sent to or posted to [R.B.T.] And the user, [R.B.T.] text[s] back, "Thank you, Wya." We know that xx-xx is [T.M.'s] birthday . . . .

And then we also have 58B. And towards the top of the page posted on 12-25-2016. . . . "L.M., T.M., Merry Christmas to my parents, Love you." And that is posted by [R.B.T.] And the response to that from L.M. is, "Merry Christmas, son. Love you. The struggle is over." And it goes on, there's back and forth. But we know that L.M. and T.M. are the parents of [T.M.], and that's another connection.

The court acknowledged T.M.'s argument his Facebook account had been

hacked. However, the court found the only evidence offered in support of this

contention, the testimony of T.M. and A.P.K., lacked credibility. In addition,

2 A fictitious address is used to protect T.M.'s identity. 3 The date, which is after the date of the shooting, is omitted to protect T.M.'s identity. A-2883-17T2 5 the court noted it was unlikely that photographs of T.M., his family, and friends

would appear in the records of the account after the alleged hacking.

With respect to admission of the Facebook messages pursuant to N.J.R.E.

803(b)(1), the court found "anything that says the author is [R.B.T.] can be

moved into evidence under 803(b)(1) as the party's own statements . . . . [T]he

Court has found that the State met its burden prima facie that [R.B.T.] is [T.M.],

they're clearly statements of his." In addition, the court admitted the remaining

Facebook records, concluding they were either business records pursuant to

N.J.R.E. 803(c)(6) or not hearsay because they were offered "not for the truth of

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