State v. Tedesco

69 A.3d 103, 214 N.J. 177, 2013 WL 3155397, 2013 N.J. LEXIS 590
CourtSupreme Court of New Jersey
DecidedJune 24, 2013
StatusPublished
Cited by20 cases

This text of 69 A.3d 103 (State v. Tedesco) 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. Tedesco, 69 A.3d 103, 214 N.J. 177, 2013 WL 3155397, 2013 N.J. LEXIS 590 (N.J. 2013).

Opinion

Chief Justice RABNER

delivered the opinion of the Court.

Defendant Giuseppe Tedesco stands convicted of murder and now awaits sentencing — a momentous and solemn part of the criminal justice process. Relying on Rule 3:21 — 4(b), he asserts that he has an absolute, unilateral right to be absent from his sentencing hearing and has filed a written waiver with the court.

We find no support in the court rale or elsewhere for defendant’s position and hold that trial judges have discretion to decide whether to accept a defendant’s waiver. In an attempt to justify a waiver, a defendant must advance specific reasons that demonstrate special circumstances. Judges, in turn, must consider various concerns including the interests of the public, the defendant, the victims, and the State.

In this case, we find that defendant’s reasons for wanting to be absent from sentencing are not special or persuasive. Balanced against them are factors that favor his presence: the seriousness of the offense, the victim’s interest in having defendant present as she addresses the court, and concerns about public accountability, deterrence, and the administration and integrity of the justice system.

In light of those interests, we conclude that the trial court did not abuse its discretion when it ordered defendant to appear at sentencing. We therefore affirm the judgment of the Appellate [183]*183Division, which upheld the trial court’s order, and remand for a sentencing hearing at which defendant shall appear.

I.

In light of the narrow issue presented on appeal, the record before the Court is limited and contains few details about the underlying trial. The record reveals that defendant was indicted for the murder of twenty-two-year-old Alyssa Ruggieri, who was shot six times with a handgun on March 27, 2010. After a month-long trial, a jury convicted defendant on January 10, 2013 of the three counts in the indictment: first-degree murder, N.J.S.A. 2C:ll-3a(l); second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5b; and second-degree possession of a handgun for an unlawful purpose, N.J.S.A. 2C:3iMa.

Three additional charges are pending against defendant, which relate to his conduct in the courtroom shortly after the verdict. In two separate complaints, he is accused of (1) obstruction of the administration of law, N.J.S.A. 2C:29-la, a disorderly persons offense, for allegedly “making eye contact and mouthing the words ‘f— you’ to each juror being polled,” (2) third-degree aggravated assault, N.J.S.A. 2C:12-lb(5)(a), for allegedly pushing a corrections officer and causing him to strike his head on a concrete wall and fracture his fibula, and (3) third-degree terroristic threats, N.J.S.A. 2C:12-3a, for allegedly yelling “Devon Ruggieri, you’re next mother f-.” Mr. Ruggieri is the decedent’s brother.

The trial judge, the Honorable N. Peter Conforti, J.S.C., initially scheduled sentencing for March 20, 2013. On February 8, 2013, defendant signed a written waiver in which he stated that he was freely and voluntarily waiving his appearance at sentencing. Defendant also acknowledged various other rights and deadlines in the waiver.

On February 25, 2013, the New Jersey Crime Victims’ Law Center, representing Michele Ruggieri, the victim’s mother, moved to compel defendant’s presence at sentencing. The State joined the motion on March 8, 2013.

[184]*184At a hearing the following week, the trial court concluded that defendant did not have a right to be absent from sentencing. The court first rejected defendant’s argument that the victim lacked standing. In support of that finding, the sentencing court cited the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-34 to -38, which details various rights that crime victims and witnesses possess, see N.J.S.A. 52:4B-36, and grants victims standing to file a motion to enforce those rights, N.J.S.A. 52:4B-36r. The court also referenced the Victim’s Rights Amendment, which grants victims the right to be treated with “fairness, compassion and respect.” N.J. Const, art. I, 1122. Victims also have standing to enforce their rights under the State Constitution. N.J.S.A 52:4B-36r. In addition, the court noted that the State, a party with standing, had joined in the motion to compel.

As to the merits, the trial court held that it “alone has the inherent discretion and authority to direct and control” sentencing hearings, “including the power to accept or reject a defendant’s waiver of appearance.” Among other factors, the trial judge emphasized the violent nature of the offense and society’s interest in having defendant hear the victim’s and the court’s comments.

The trial court also addressed two points defendant raised. The court discounted concerns about transporting defendant from state prison. In addition, the sentencing judge explained that ample court security would be in place to ensure everyone’s safety. Defendant’s disruptive behavior at the time of the verdict, the judge observed, could not justify a request to waive his appearance at sentencing.

For those and other reasons, the court denied defendant’s request and ordered him to appear on March 20, 2013. The judge also denied defendant’s motion for a stay pending appeal.

Defendant sought emergent relief from the Appellate Division. After granting defendant’s application to hear the matter, the Appellate Division affirmed substantially for the reasons stated by Judge Conforti. In an order dated March 18, 2013, the panel added that whatever interest defendant has in being absent “sim[185]*185ply pales in comparison with the victim’s constitutional right to be treated with fairness, compassion and respect,” her right to deliver a victim-impact statement, and “the State’s interest in having defendant present at sentencing to face those he has wronged.”

The Appellate Division denied defendant’s request for a stay on March 19, 2013. Later the same day, this Court granted defendant’s motion for leave to appeal and stayed his sentencing date. We also granted motions from the Attorney General, the Association of Criminal Defense Lawyers (ACDL), and the American Civil Liberties Union of New Jersey (ACLU) to participate as amicus curiae.

II.

Defendant raises a number of arguments. First, he contends that the victim lacks standing. He asserts that a victim may only file a motion to enforce a right conferred in the Crime Victim’s Bill of Rights or the Victim’s Rights Amendment. According to defendant, because those sources do not expressly afford victims the right to address a defendant at sentencing, Michele Ruggieri lacked standing to file a motion to compel defendant’s presence. Defendant does not dispute that Ms. Ruggieri may make a statement to the court at the hearing about the impact of the crime under N.J.S.A. 52:4B-36n.

Second, defendant claims that he must be permitted to waive his appearance at sentencing because he has complied with Rule 3:21-4(b). The rule provides, in part, that “[s]entenee shall not be imposed unless the defendant is present or has filed a written waiver of the right to be present.” Ibid. Defendant does not claim a constitutional right to be absent; instead, he contends that the rule “vest[s] all of the power within the defendant” to decide if he will be present at sentencing.

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Cite This Page — Counsel Stack

Bluebook (online)
69 A.3d 103, 214 N.J. 177, 2013 WL 3155397, 2013 N.J. LEXIS 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tedesco-nj-2013.