State v. Long

801 A.2d 221, 173 N.J. 138, 2002 N.J. LEXIS 910
CourtSupreme Court of New Jersey
DecidedJuly 15, 2002
StatusPublished
Cited by106 cases

This text of 801 A.2d 221 (State v. Long) 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. Long, 801 A.2d 221, 173 N.J. 138, 2002 N.J. LEXIS 910 (N.J. 2002).

Opinions

The opinion of the Court was delivered by

COLEMAN, J.

The critical issue in this appeal is whether extra-judicial declarations made by an accused prior to the commission of a murder are hearsay, and if so, whether they are admissible under any exception to the hearsay rule to prove defendant’s motive for killing the victim where the declarations imply that defendant was involved in another death that the medical examiner has not classified as a homicide and for which defendant has not been charged. In an unpublished opinion, the Appellate Division analyzed the probative value and prejudicial effect of the evidence and concluded that it was not admissible because “its use carried a risk of prejudice and confusion that outweigh[ed] its uncertain probative value.” We reverse.

I.

This is a homicide casé in which the trial is still pending. Our statement of facts has been gathered from testimony presented to a Monmouth County Grand Jury and facts revealed at a probable cause hearing. That Grand Jury has indicted defendant Carole Long for the murder of her friend, Teresa Roche, also known as Tracey. In August 1998, defendant lived with her ninety-one year old mother, Mabel Long, in a garage apartment in Avon, New Jersey. Like defendant, Tracey Roche shared her home with her own mother, Irene Roche, in Hillsborough. Tracey and defendant had been friends since 1992. Although they had not visited each [143]*143other in the period before Tracey was murdered, they spoke at length on the telephone and e-mailed each other regularly.

Defendant and Tracey arranged to meet for lunch on Thursday, August 27, at Ruby Tuesday’s restaurant in the Monmouth Mall. At that time, defendant was planning to attend her daughter’s September 11,1998 wedding in San Diego, California. Tracey had been invited to attend the wedding but she declined.

According to Irene Roche, defendant called Tracey on August 27 to cancel their lunch date. Irene overheard Tracey exclaim, “Oh my God.” Irene went to the door of Tracey’s bedroom and heard Tracey ask, “Was she hurt?” Irene remained in the doorway of Tracey’s bedroom until Tracey hung up the telephone. Tracey then told Irene that defendant had cancelled their lunch plans because defendant’s mother, Mabel Long, had fallen down the stairs.

Tracey telephoned defendant the following day, Friday, August 28, to inquire about Mabel. Again, Irene overheard Tracey’s side of the conversation as Tracey exclaimed, “Oh I’m so sorry,” and then asked “Is there anything I can do?” Irene waited in the open doorway of Tracey’s bedroom until the telephone conversation ended. After Tracey hung up the telephone she told Irene that defendant’s mother had died. Tracey said that defendant was not planning a funeral and that a memorial service would be held on December 10, the anniversary of the day defendant’s mother and father had met. Tracey added that it was a good thing that the luncheon had been cancelled, because otherwise she would have been with defendant when Mabel Long died.

On Saturday, August 29, Tracey again called defendant and the two women made plans to have lunch the following day at the Brielle Yacht Club. Tracey planned to stay overnight and return on Monday, August 31, and asked Irene to telephone her at defendant’s home on Monday to give her an excuse to leave.

On Sunday, August 30, at 8:28 a.m. the Avon police responded to a 911 call from defendant’s residence requesting an ambulance [144]*144for an elderly woman who had fallen down the stairs. When they responded to the call, police found defendant’s mother alive but injured. Mabel Long was transported to the hospital and died later that day. Defendant also was taken to the hospital because of a panic attack. Irene Roche recounted that later the same morning Tracey called defendant to advise that she was running late, and would not be there for lunch at 2:00 p.m. as originally planned. At about 12:45 p.m. that Sunday, Tracey left her home in Hillsborough driving her red Mazda without saying anything to reveal whether defendant had informed her about that morning’s events. When Tracey did not follow her usual practice of calling her mother upon arriving at her destination, Irene Roche telephoned defendant at about 3:30 p.m. to see if Tracey had arrived. There was no answer. Irene left a message on the answering machine, but did not receive a return call.

The following day, Monday, August 31, Patrolman Greg Torchia of the Avon Police Department received a call from an investigator in the county medical examiner’s office questioning how Mabel Long could have sustained a four-inch gash on her head when the stairs on which she had fallen were carpeted. In order to make arrangements for the investigator to speak to defendant and to examine the area where the fall allegedly occurred, Patrolman Torchia drove to defendant’s residence to schedule an appointment. No one answered his knock on the door. However, Torchia noticed a red Mazda parked on the concrete apron of defendant’s driveway. When he looked inside the car, he saw what he described as a “lumpy mass” covered by a garment bag. Torchia wrote down the license .number and called headquarters for a “look-up” on the ear. He was informed that the car was registered to Tracey Roche of Hillsborough, New Jersey. Torchia left a note in defendant’s mailbox asking her to call the Avon police to schedule an interview.

At about 1:00 p.m. that Monday, Irene Roche telephoned Tracey at defendant’s residence as previously arranged to provide Tracey with the desired excuse to leave. When no one answered the [145]*145phone, Irene left a message. Again, no return call was received. That evening at about 8:00 p.m. Irene called again. This time defendant answered the telephone and told Irene that Tracey was not there. She added that perhaps Tracey had met some friends and gone to Long Beach. Defendant told Irene not to bother her anymore and abruptly ended the call.

With still no word from Tracey, Irene called defendant again on Tuesday, September 1, at about 9:80 a.m. Defendant was abrupt and said that she was calling the mortician and promised to call Irene back. After hearing nothing from defendant for one and one-half hours, Irene again called defendant. Sounding more agitated than ever defendant complained of high blood pressure and panic attacks, and expressed concern about attending her daughter’s impending wedding in California. She reiterated that she did not know where Tracey was and again suggested that she may have met with friends and gone to Long Beach Island.

That same Tuesday, the investigator for the county medical examiner called the Avon police to inquire whether an appointment had been made to inspect defendant’s apartment. Because defendant had not responded to his note, Patrolman Torchia visited defendant’s residence. When defendant was told that the medical examiner wanted to inspect the residence, defendant said it was not a good time and that the officer should return the next day. Patrolman Torchia observed that the red Mazda was gone and asked defendant about it. She explained that the ear belonged to a friend from North Jersey who was visiting to help with the arrangements pertaining to her mother’s death.

Meanwhile, Irene Roche had reported to the Hillsborough Police Department that her daughter was missing. She was told that not enough time had passed to consider the matter a missing persons case, but an officer called the Avon police and then told Irene that Tracey’s car had been reported in defendant’s driveway two days earlier.

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Cite This Page — Counsel Stack

Bluebook (online)
801 A.2d 221, 173 N.J. 138, 2002 N.J. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-long-nj-2002.