State v. Fortin

745 A.2d 509, 162 N.J. 517, 2000 N.J. LEXIS 32
CourtSupreme Court of New Jersey
DecidedFebruary 23, 2000
StatusPublished
Cited by40 cases

This text of 745 A.2d 509 (State v. Fortin) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fortin, 745 A.2d 509, 162 N.J. 517, 2000 N.J. LEXIS 32 (N.J. 2000).

Opinions

The opinion of the Court was delivered by

O’HERN, J.

This is a capital murder case. The State has charged the defendant with killing a woman in a savage sexual assault. There are two issues in this interlocutory appeal. The first issue is whether the Law Division erred in ruling that the prosecution could introduce evidence of a similar crime in Maine on the issue of identity under N.J.R.E. 404(b). The State offered the evidence to show similarities between an incident in which defendant sexually assaulted and strangled a state trooper in Maine and the sexual assault and murder for which he is charged in New Jersey. The second issue concerns whether the State’s proposed expert witness, Robert R. Hazelwood, can be qualified as an expert on the ritualistic and signature aspects of crime under N.J.R.E. 702, and whether he can testify through the use of “linkage analysis” that the same person who committed the Maine crime committed the murder in New Jersey.

I.

On August 11,1994, Melissa Padilla was murdered in the Avenel section of Woodbridge Township. Her boyfriend found her body lying half inside a large-diameter concrete sewer or drainage pipe [520]*520along the roadway. Padilla’s body was naked from the waist down. She was wearing a shirt, but no bra. Bags of food, a partially eaten sandwich, a store receipt, an earring, debris including cigarette butts, and a bloody one-dollar bill were found scattered near the body. Padilla’s shorts, with her underwear still inside them, were found on a nearby shrub.

Inside the concrete pipe was a large blood stain. The assailant had brutally beaten Padilla about her face and head. Her face was swollen and bruised, and her nose was broken. She had been killed by manual strangulation. The autopsy revealed rectal tearing, and bite marks on Padilla’s left breast, left nipple, and the left side of her chin.

On April 3,1995, Maine State Trooper Vicki Gardner came upon a vehicle stopped on the shoulder of a road. She stopped to question and assist the driver. Defendant Steven Fortin, the occupant of the vehicle, told her that he was having mechanical trouble. After noticing the smell of alcohol, Gardner administered a series of sobriety tests. She summoned another trooper by radio to complete the testing and paperwork associated with the stop. As she was sealing the results of one of the sobriety tests, defendant grabbed her by the throat and strangled her until she almost lost consciousness. Gardner later said that she realized at one point that her pants and underpants had been removed and that Fortin was sexually assaulting her. As the back-up drew near, defendant sped away with Gardner in the car. As he drove, Fortin cursed and punched her in the face. Gardner tried to jump out of the moving car. However, she did not roll free of the car and was dragged along the pavement for a short time before she was freed from the vehicle. Farther down the highway, defendant lost control of the car, turned it over and fled from the scene on foot. He was later apprehended at a rest area about a mile from the accident.

Gardner’s face had been severely beaten and her nose was broken. She had been manually strangled. In addition, she had been bitten on the left chin, left nipple, and left breast, and she [521]*521suffered injuries from vaginal and anal penetration. Gardner’s pants, underpants, and bra had been removed. When her nylon running pants were found in her patrol car, her underpants were still inside them.

Maine State Police contacted officers in New Jersey to inform them of the charges pending against Fortin. During the New Jersey investigation, the police learned that Fortin had lived in Avenel at the time of the Padilla murder. Moreover, they learned that Fortin had argued, fought, and separated from his girlfriend earlier on the evening of the murder. When later seen by his girlfriend, he had scratches on his head, neck, and chest. Police employed a dentist to examine dental models and wax bites of defendant and the bite marks on Padilla. He concluded that the bite marks on Padilla’s breast had been caused by defendant, but that the remaining bite marks “could” have been caused by defendant.

At a pre-trial hearing under Evidence Rule 104, the State sought to establish a foundation to introduce at trial a report and testimony of Robert R. Hazelwood, as an expert in the analysis of modus operandi (a criminal’s customary manner of operation referred to as an “M.O.”) and ritualistic crimes. Hazelwood had served in the military police for eleven years before becoming an F.B.I. agent. During his last sixteen years of FBI service, he had worked in its Behavioral Science Unit, conducting research into the motivations and characteristics of the perpetrators of violent crimes, supervising the training of other officers in the unit’s methodology, and consulting with law enforcement agencies around the country on unsolved crimes. In all, Hazelwood had personally investigated over 7000 crimes in his 35 years in law enforcement. At the time of the trial, he was employed by the Academy Group, an association of retired FBI and secret service agents who formerly worked for the Behavioral Science Unit. Defense counsel objected to any evidence related to defendant’s plea bargain in Maine or Hazelwood’s proposed testimony.

[522]*522Based on Hazelwood’s review of the Maine and New Jersey crimes, he first determined that the modus opemndi of the crimes demonstrated fifteen aspects that were consistent in the Padilla and Gardner attacks: (1) both crimes were “high risk” (2) committed impulsively (3) against female victims (4) who were both fully mature in age; (5) both crimes were committed against victims who crossed the offender’s path; (6) both victims were alone when attacked; (7) both assaults took place adjacent to or on well-traveled roadways; (8) both occurred during darkness; (9) no weapons were used during the assault; (10) both victim’s sustained only blunt force injuries; (11) both assaults took place at the point of confrontation; (12) both victims sustained trauma primarily to the upper face with no damage to teeth; (13) both victims had their lower garments completely removed; (14) both victims were wearing shirts, but their breasts were free; (15) neither victim had seminal fluid on or in her body. In Hazel-wood’s report, as further explained at the Rule 104 hearing, he noted that modus opercmdi is learned behavior which can change as a criminal learns, modifies and adapts his behavior to fit a particular situation. An example is a serial rapist who always cuts windows with a glass cutter. A criminal changes his modus opemndi to achieve three goals: (1) succeed at the crime; (2) protect his identity; and (3) facilitate his escape.1 He concluded that in his experience, he had never seen the cluster of M.O. characteristics exhibited in the Padilla and Gardner attacks in any other crime. In addition, both victims’ noses were broken and their underpants were found intertangled with their outer pants. Hazelwood then described the “ritualistic” aspects of the crimes, ie., the way in which the perpetrator seeks sexual gratification. Unlike modus opemndi, “ritual” aspects of a crime do not change and are linked to the criminal’s need to do certain things. These actions are often unnecessary to the commission of the crime, but serve to complement the underlying motivation or fantasy of the [523]*523offender in sexual crimes.

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Bluebook (online)
745 A.2d 509, 162 N.J. 517, 2000 N.J. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fortin-nj-2000.