State v. Vallejo

965 A.2d 1181, 198 N.J. 122, 2009 N.J. LEXIS 54
CourtSupreme Court of New Jersey
DecidedMarch 10, 2009
StatusPublished
Cited by83 cases

This text of 965 A.2d 1181 (State v. Vallejo) 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. Vallejo, 965 A.2d 1181, 198 N.J. 122, 2009 N.J. LEXIS 54 (N.J. 2009).

Opinions

Justice LONG

delivered the opinion of the Court.

Defendant was convicted of a passel of offenses arising out of the alleged kidnapping and restraint of the victim, with whom he had been in a romantic relationship. During a short trial, prior incidents of domestic violence and the existence of a restraining order against defendant were referenced by various witnesses, without objection. An immediate curative instruction was not given, although an ambiguous instruction did issue at the end of the trial. The Appellate Division determined that the N.J.R.E. 404(b) evidence was inadmissible and that the curative instruction was no model, but concluded that even if the instructive was inadequate, the error was not capable of producing an unjust result in light of the overwhelming evidence in the case.

We disagree. This brief trial was poisoned by the recurring admission of evidence of other crimes and wrongdoings by defendant, and by reference to the domestic violence restraining order against him. The trial judge’s curative instruction was too little, [125]*125too late. As a result, defendant was denied the fair trial to which all defendants, regardless of the strength of the case against them, are entitled. Therefore, a new trial is required.

I.

Defendant Diego Vallejo was indicted for (1) first-degree kidnapping, N.J.S.A. 2C:13—1(b)(2); (2) second-degree robbery, N.J.S.A. 2C:15-1; (3) second-degree aggravated assault, N.J.S.A. 2C:12—1(b)(1); and (4) third-degree terroristic threats, N.J.S.A. 2C:12-3(a). At trial, the following evidence was adduced.

In 2005, defendant and Miryam Vera,1 first cousins, were in a dating relationship and living together in defendant’s parents’ home. Her family disapproved of their relationship, which apparently had been rocky. On May 21, 2005, Vera left work around 11:30 p.m. and attempted to pick defendant up at his place of employment. When she arrived, she was unhappy to find him absent, and so she drove around for a while contemplating ending their relationship. Defendant called about an hour later, and Vera drove home. Upon her arrival, she went straight into their bedroom, where she found defendant, and immediately the two began to argue. After a while, Vera left the bedroom to use the bathroom and then returned.

According to Vera, she subsequently attempted to leave the bedroom again, but defendant locked the door and held on to her in order to keep her from exiting. At some point during the incident, Vera said that she was lying down on the bed when defendant hit her once in the back of the head and between the legs. Vera also testified that defendant threatened to cut her face if she left. According to her testimony, when Vera had to use the bathroom, she was forced to urinate in a bucket because defendant [126]*126would not let her leave the room. Vera became tired and went to sleep on the bed, while defendant slept on the floor.

According to Vera, throughout the incident, defendant repeatedly asserted that he did not want her to leave and that he would hurt her if she left. She awoke the next day at about 1:30 p.m. and tried to leave, but defendant stood by the door and repeatedly unpacked her bag as she attempted to pack it. Vera stated that defendant was “pushing [her] around,” yanking her arm, and screaming, and that she was crying. The noise was heard by defendant’s father, who asked them to open the door. Once defendant opened it, Vera ran across the hallway into defendant’s parents’ bedroom; she then telephoned her mother, Rosario Juarez, for help. Defendant’s father told defendant to let Vera pack and leave, but once she came back into the room and attempted to do so, defendant again closed the door and refused to let her leave. At that point, Vera’s mother arrived.

Vera testified that Juarez knocked on the locked door and asked defendant to let Vera out, threatening to call the police if defendant did not comply. Approximately ten minutes later, the police arrived, and at an officer’s request defendant opened the door. Defendant yanked Vera’s purse from her hand and ran out of the bedroom with it. Vera then went downstairs where she found her mother and Officer Paul Braconi. Vera told Officer Braconi what had happened, and defendant denied taking Vera’s purse. The purse was later found and returned to Vera.

Juarez testified that at some time after 2:00 p.m., she received a phone call from Vera, asking her to come and help her because defendant was hitting her. At approximately 2:30 p.m., Juarez arrived at the home. She testified that she heard her daughter screaming, immediately went upstairs to the bedroom, and repeatedly asked defendant to open the door. Juarez testified that she could hear her daughter inside the room screaming and crying and asking defendant to let her go. Soon after, defendant’s parents arrived. Defendant’s father knocked on the door and told defendant to open the door. Defendant did not comply. Juarez [127]*127threatened to call the police, and when defendant refused to open the door, she went outside and called 911.

After the police arrived, Juarez entered the house with them and saw Vera. According to Juarez, Vera’s face looked as though she had been crying all night. Juarez did not notice any injuries on Vera’s body, but later observed bruises on her arms.

Officer Braconi testified that when he first arrived at the house, he encountered Vera inside the house but outside of the bedroom. Vera was upset and said that she wanted to leave, but her boyfriend would not allow her to do so and that he had taken important belongings of hers without which she could not go. In Braconi’s presence, defendant grabbed Vera’s arm and told her that she could not leave.

Braconi described the bedroom as being in a state of disarray. He observed items that had been knocked over, a laptop computer on the floor, a “mattress-type thing” that had been tossed to the side, and a bucket. Braconi also observed abrasions on Vera’s arms, which he believed were consistent with her claims regarding defendant pulling her purse strap. Vera later provided police with a formal statement, and pictures were taken of her bruises.

Prior to the trial, a N.J.R.E. 104 hearing had been held regarding a prior domestic violence incident between Vera and defendant. The trial judge denied the State the ability to refer to that incident. Despite that ruling, Vera, Juarez, and Braconi provided testimony that alluded to that prior incident and others.

The first remark came near the beginning of Vera’s direct examination:

Q Now, Miriam, drawing your attention to the early part of May 21st of 2005, can you explain to us what happened that day?
A Okay, I got confused when you said May. I thought it teas the incident m Bast Brunswick. All right, this one is the one that happened in New Brunswick.
[ (Emphasis added).]

Later, in Vera’s direct testimony, she made a second reference to a prior incident:

Q And what did you say to your mother when you called her?
[128]*128A Just to please pick me up[,] that[ ] I needed help.
Q And did you tell her why you needed help?
A She already could tell something was wrong.

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Cite This Page — Counsel Stack

Bluebook (online)
965 A.2d 1181, 198 N.J. 122, 2009 N.J. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vallejo-nj-2009.