State v. Brooks

706 A.2d 757, 309 N.J. Super. 43, 1998 N.J. Super. LEXIS 69
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 24, 1998
StatusPublished
Cited by9 cases

This text of 706 A.2d 757 (State v. Brooks) 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.

Bluebook
State v. Brooks, 706 A.2d 757, 309 N.J. Super. 43, 1998 N.J. Super. LEXIS 69 (N.J. Ct. App. 1998).

Opinion

The opinion of the court was delivered by

COBURN, J.A.D.

Defendant, Byron Brooks, after a trial by jury, was convicted on count one of murder, N.J.S.A. 2C:ll-3a(l) and -3a(2); on count four of third-degree possession of a weapon, a knife, for an unlawful purpose, N.J.S.A. 2C:39-4d; and on count five of third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4(a). He was acquitted on the remaining counts of the indictment, which charged felony murder and attempted aggravated sexual assault. The court merged count four into count one, and sentenced the defendant to prison terms of thirty years without parole on count one and five years, to be served consecutively, on count five.

The convictions were based on the June 6,1993, murder of J.S. The murder occurred in the victim’s Trenton apartment, where she lived with her four-month old child who was left to fend for himself after the killing. Almost two days passed before the victim and the child were discovered. The defendant confessed. Although at trial he claimed that another person committed the crimes, he does not contend the verdict was against the weight of the evidence. His appeal is limited to these five unpersuasive technical arguments:

POINT I

THE JUDGE ERRED IN ADMITTING DEFENDANT’S STATEMENT WHICH WAS TAKEN IN VIOLATION OF THE BRIGHT-LINE RULE OF STATE V. HARTLEY.

POINT II

THE JUDGE’S JURY CHARGE ON THE ISSUE OF DEFENDANT’S STATEMENT TO THE POLICE FAILED TO PROPERLY GUIDE THE JURY’S EVALUATION OF THE CONFESSION AND DEFENDANT’S CONVICTIONS MUST BE REVERSED. (PARTIALLY RAISED BELOW).

[48]*48A. The Judge’s Failure to Specifically Instruct the Jury on the Issue of Corroboration Requires Reversal.

B. The Failure to Charge That the Jury Must Find the Statement Credible Beyond a Reasonable Doubt Requires Reversal.

POINT III

THE JUDGE’S CURATIVE CHARGE REGARDING THE PROSECUTOR’S OPENING STATEMENT WAS CONFUSING AND INEFFECTIVE AND DEFENDANT’S CONVICTION MUST BE REVERSED.

POINT IV

THE JUDGE’S LIMITING INSTRUCTION REGARDING DRUG USE WAS INADEQUATE, INEFFECTIVE AND PREJUDICIAL TO THE DEFENDANT AND DEFENDANT’S CONVICTIONS MUST BE REVERSED.

POINT V

THE JUDGE’S CHARGE ON PASSION/PROVOCATION MANSLAUGHTER WAS CONFUSING AND DEFENDANT’S CONVICTION FOR MURDER MUST BE REVERSED. (PARTIALLY RAISED BELOW).

7.

On the afternoon of Saturday June 5, 1993, the victim, four of her cousins, and the defendant gathered in the victim’s apartment to watch television, talk, and use drugs. By 8:30 p.m., everyone left except the victim and her child. Later that night, the defendant returned and obtained the victim’s promise to have sexual relations in return for crack cocaine. She was a cocaine addict. The defendant purchased the cocaine and again returned to the apartment. After he and the victim smoked the cocaine, they began to engage in sexual relations on the couch. However, before he was able to consummate the act, the victim demanded more drugs or money. When he declined, she told him to leave. They began to fight and she scratched him. He became upset and punched her in the face. She ran to the kitchen and grabbed a butcher knife with a wooden handle. He ran after her, and grabbed a steak knife with a black plastic handle. As they faced each other, he stabbed her in the chest. They fell on an unassembled baby crib that had been propped up against a wall between [49]*49the couch and the kitchen, landing on top of the crib mattress. The defendant “flipped” and continued stabbing her. He recalled stabbing her at least eight times. The medical examiner indicated that there were “innumerable” stab wounds of the neck and chest and “a throat slashing.” After the murder, the defendant wiped blood from his face and neck with a wash cloth which he later threw away near his house. He dumped the contents of the victim’s purse to create the illusion of a robbery, got dressed, and fled, leaving the child on the sofa. It would appear that the murder occurred about 2:45 a.m. since at that time a neighbor, who resided in the apartment below that of the victim, heard noises from above which sounded like furniture being pulled back and forth across the victim’s apartment floor. The noise lasted about twenty minutes.

On the morning of Monday June 7, 1993, the building manager entered the victim’s apartment with a pass key so that, as previously agreed, he could install a new toilet. He discovered the victim’s body and immediately called the police. The paramedics arrived first and they found the child under the cushions of the couch. When the police arrived, they found that there were no signs of forced entry into the apartment.

After speaking with the building manager, the police went to the home of the victim’s mother. Conversation with the mother led them to contact the victim’s brother, P.S., who told them of the defendant’s presence in his sister’s apartment on Saturday afternoon and evening. The police located the defendant at his home. He agreed to come down to the police station, where, ultimately, he admitted his complicity and provided the police with detailed information entirely in accord with the circumstances revealed at the scene of the murder.

II.

Defendant’s first contention is that the trial court erred in admitting into evidence, after a pre-trial hearing, his oral and written confessions. He argues that his confessions were illegally [50]*50extracted by the police after he had asserted his right to remain silent under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), because they did not readminister the Miranda warnings as required by State v. Hartley, 103 N.J. 252, 511 A.2d 80 (1986), and State v. Harvey, 121 N.J. 407, 581 A.2d 483 (1990), cert. denied, 499 U.S. 931, 111 S.Ct. 1336, 113 L.Ed.2d 268 (1991) . In mounting his argument, the defendant ignores State v. Martini, 131 N.J. 176, 619 A.2d 1208 (1993), which clarified the holding in Harvey and dictates affirmance of the decision of the trial court on this point.

A

The facts leading up to the confessions are undisputed. The police met the defendant at his home and brought him to the police station with his consent. During the ride, he seemed eager to speak and asked questions about the case. Although he was not yet a suspect, the police read him his Miranda rights and the defendant said he understood them. He made statements indicating his presence at the victim’s home on June 5 and the sharing of drugs with the victim and the others. He said he left when the drugs ran out, went home, got $10 from his mother, bought some crack cocaine, smoked it, and went to sleep.

Upon arrival at the police station, at around 7:00 p.m., he was again administered his Miranda rights. He expanded somewhat on his story, but made no admissions of significance. He was calm, cooperative and responsive during the interview.

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Cite This Page — Counsel Stack

Bluebook (online)
706 A.2d 757, 309 N.J. Super. 43, 1998 N.J. Super. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brooks-njsuperctappdiv-1998.