State v. Cook

693 A.2d 483, 300 N.J. Super. 476, 1996 N.J. Super. LEXIS 515
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 19, 1996
StatusPublished
Cited by15 cases

This text of 693 A.2d 483 (State v. Cook) 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. Cook, 693 A.2d 483, 300 N.J. Super. 476, 1996 N.J. Super. LEXIS 515 (N.J. Ct. App. 1996).

Opinion

The opinion of the court was delivered by

LONG, P.J.A.D.

In 1994, Pedro E. Cook was charged in Bergen County Indictment S-117-94 as follows: with purposeful and/or knowing murder, in violation of N.J.S.A. 2C:ll-3(a)(l), (2) (Count One); felony murder, in violation of N.J.S.A. 2C:ll-3(a)(3) (Count Three); first degree robbery, in violation of N.J.S.A. 2C:15-1 (Count Four); possession of a weapon, a tree branch or other wooden objects, for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(d) (Count Five); and attempted theft of movable property, in violation of N.J.SA 2C.-5-1 and N.J.S.A. 2C:20-3 (Count Six).1 Tried separately from his co-defendants, Cook was convicted of purposeful and knowing murder; possession of a weapon for an unlawful [480]*480purpose; and attempted theft of moveable property. The jury acquitted Cook on the charges of felony murder and robbery. On January 13, 1995, the trial judge sentenced Cook to a thirty-year custodial term with thirty-years of parole ineligibility on the murder conviction and to concurrent five year custodial terms on the remaining convictions. Appropriate Violent Crimes Compensation Board (VCCB) penalties were also imposed.

Cook appeals, contending that the following errors warrant reversal:

POINT I:
THE TRIAL COURTS ERRONEOUS ACCOMPLICE LIABILITY CHARGE REQUIRES A REVERSAL OF DEFENDANTS MURDER CONVICTION. (Not Raised Below).
A The Judge Failed To Instruct The Jurors That Defendant Could Have Been Found Guilty Of The Lesser Included Offenses Of Aggravated Manslaughter Or Manslaughter, On The Basis Of His Own Reckless Mental State, Even If He Was An Accomplice And The Principal Had The Mental State For Murder.
B. The Jury Instructions On Accomplice Liability Were Incorrect In That They Potentially Caused The Jury To Believe That Merely Silently Assenting To And Approving Of Another Person’s Criminal Behavior Makes One An Accomplice.
POINT II:
THE TRIAL JUDGE’S FAILURE TO ADEQUATELY INSTRUCT THE JURY ON WHAT EVIDENCE IN THE CASE WOULD SUPPORT A FINDING OF “UNLAWFUL PURPOSE” IN THE CHARGE OF POSSESSION OF A WEAPON WITH PURPOSE TO USE IT UNLAWFULLY AGAINST THE PERSON OF ANOTHER DEPRIVED THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VI AND XIV; N.J. CONST. (1947), ART. I, PAR. 9. (Not Raised Below).
POINT III:
THE COURT ERRED IN CHARGING THE JURY ON FLIGHT, AND THE CHARGE PROVIDED WAS LEGALLY INADEQUATE. (Partially Raised Below).
POINT TV-
DEFENDANT WAS DENIED A FAIR TRIAL AND DUE PROCESS OF LAW IN VIOLATION OF THE FOURTEENTH AMENDMENT AND THE STATE CONSTITUTION BY THE FAILURE OF THE TRIAL COURT TO INSTRUCT THE JURY THAT THE DEFENDANT’S PRE-ARREST SILENCE WAS RELEVANT ONLY AS TO HIS CREDIBILITY. (Not Raised Below).
POINT V:
THE INTRODUCTION INTO EVIDENCE OF S-32; S-34, AND ALL ELEVEN COLOR AUTOPSY PHOTOGRAPHS, WAS IMPROPER AND CONSTITUT[481]*481ED A DENIAL OF DEFENDANT’S RIGHT TO A FAIR TRIAL. U.S. CONST. AMENDS. VIII, XIV; N.J. CONST. (1947), ART. I, PAR. 1.
POINT VI:
THE PROSECUTOR ENGAGED IN A COURSE OF MISCONDUCT THROUGHOUT THE TRIAL WHICH DEPRIVED DEFENDANT OF THE RIGHT TO A FAIR TRIAL. U.S. CONST. (1947) ART. 1, PARS. 9,10.
A. The Prosecutor Improperly Sought To Inflame The Jury By Eliciting Sympathy For The Victim.
B. The Prosecutor Improperly Cross-examined Defendant By Forcing Him to Characterize Key State Witnesses As Liars.
C. The Prosecutor Improperly Vouched For the Credibility of His Witnesses.
D. The Prosecutor Improperly Told The Juiy That The Defendant Had “One Year To Put Together His Story.”
POINT VII:
THE CONVICTION OF POSSESSION OF A WEAPON FOR AN UNLAWFUL PURPOSE MUST MERGE WITH THE CONVICTION FOR MURDER.

We have carefully reviewed this record in light of these contentions and have concluded that the arguments raised in Points II, III, IV, V and VI are entirely without merit and that an opinion with respect to them would have no precedential value. R. 2:11-3(e)(2). We have also determined that the trial judge’s erroneous accomplice instruction compromises defendant’s right to a fair trial and that a reversal on that basis is in order.

The facts of the case are essentially as follows: On September 4, 1993, the victim, George Landau, a fifty-two year old homeless man was murdered in Hackensack during a robbery which went awry. Earlier that day, he had made withdrawals from his bank account at an A.T.M. machine. He had been robbed in the past and was known in the homeless community as an easy mark. On the day in question, a group of homeless persons, including Karen Moore, Teddy Jones, Paul Piro and Rob Decker, had congregated at Columbus Park, near the Hackensack River, for a barbecue. Karen Silver was also at the park that day, attempting to catch crabs from the river. A short time later, Cook, Vaughan and Basile arrived at the park. According to the witnesses, Vaughan was extremely agitated and jumpy, punching and kicking objects. All three were making “karate chop” motions. According to [482]*482Moore, one of the three (whom she could not identify) stated that they were going to “fuck someone up” and “let’s do this now.”

Shortly thereafter, Cook crossed the street and entered the woods where the victim was located. Vaughan had a short conversation with Basile after which he climbed a telephone pole and looked across the street into the woods. When Vaughan climbed down the pole, he also crossed the street and went into the woods. Silver then started to speak with Basile. At this point, she testified that she heard the victim’s cries from across the street, as well as the sounds of a scuffle. Moore related the same story. Basile smiled at these sounds and kept talking, telling Silver at one point, in response to her concerns, that Cook and Vaughan had promised him that they would not kill the victim. Presumably this conversation took place while they were planning the robbery.

Silver subsequently crossed the street and observed Vaughan jabbing the victim with a tree branch while Cook kicked and punched the victim’s legs. She also observed a knife wound on Vaughan’s back, apparently inflicted by the victim. Silver testified that she then observed Cook hold the victim’s legs while Vaughan lifted a railroad tie over his head and dropped it onto the victim’s chest. Cook then ripped the victim’s pants to his ankles, searching for money and commented “[a]ll I got was eight dollars.” Cook and Vaughan then dragged the victim to a gully near the river. At this time, Silver left the woods and ran across the street. She then observed Vaughan leave the woods, retrieve a wooden barricade from the road, and re-enter the woods.

After the incident, Cook, Vaughan, Basile, and Silver walked to Hackensack Medical Center.

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Cite This Page — Counsel Stack

Bluebook (online)
693 A.2d 483, 300 N.J. Super. 476, 1996 N.J. Super. LEXIS 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cook-njsuperctappdiv-1996.