Sexual Assault Case Was in The Details in NJ
- February 18, 2013
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In State v. Nash, a former librarian at the Morton Street Elementary School was found guilty of sexual assault charges and spent 10 years in prison before he was granted a retrial based on newly discovered evidence. The NJ Supreme Court ruled that if would be a fundamental injustice not to review the case in light of newly discovered evidence tending to exonerate Nash. Nash contested the charges of sexual assault as impossible based on the fact that the accusing student, J.B., a 12 year old special needs student, had a personal aide with him at all times. However, school principal Carl Gregory, now deceased, testified that J.B. did not have a personal aide. Gregory failed to testify to the fact that Chrystal St. Louis was J.B.’s student aide and with J.B. at all times. Gregory claimed not to have made that disclosure due to the fact that he was not questioned about it while providing testimony to the court. N.J. Court Rule 3:22-4(a) typically bars appellate courts from considering matters not raised at trial however, testimony regarding the presence of a student aide with J.B. at all times during the day is compelling and likely to change the outcome of a trial. N.J. Supreme Court Justice Barry Albin reasoned that strict adherence to N.J.C.R. 3:22-4(a) would amount to a “miscarriage of justice.” Seemingly minor details can have substantial consequences in the outcome of a criminal matter. If you are facing criminal charges, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex crimes or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.