NJ - Sarah Stern, 19, Neptune City, 2 Dec 2016 *Arrests* #2

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Veronica27 said:
Saw this coming: "We're a long way away from trial and at this point, as far as my client's concerned, all Preston had done is indicate that he (Taylor) was somehow responsible for what happened to the young girl," Moriarty said by phone when asked for a comment on Taylor's plea agreement. "All I can tell you is my client had nothing to do with it." http://www.app.com/story/news/local...a-expected-sarah-stern-murder-case/100787608/


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I'm literally nauseated listening to this.
 
Gnatcatcher said:
Can someone please explain the legalities of this plea deal? I know this means no trial, but is this final for him? Official? He's in jail for 20 years, period? No appeals or take-sy-back-sies?
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I am not familiar with New Jersey law, but the basic principal of a plea deal is that it must be made knowingly, voluntarily (willingly), and intelligently. So the basis for an appeal of a guilty plea is either that the plea was made (1) NOT knowingly, (2) NOT voluntarily (willingly), OR (3) NOT intelligently. Most jurisdictions have a rule of criminal procedure that outlines what those phrases mean. In law school I was only taught my state's rules and the federal rules, so I linked the federal rule below for those interested. I'll bet there is something similar in NJ, I just don't have time to research right now.

Additionally, there is always the ability to appeal a criminal case due to ineffective assistance of counsel under the 6th amendment of the Constitution. There may be more ways to appeal that I am forgetting at the moment, but these are the big ones.

Here is an excerpt the federal rule of criminal procedure dealing with guilty pleas (most state laws are similar, but like I said I don't know NJ law and don't know the exact rule or language that applies in PT's situation)
(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:

(A) the government's right, in a prosecution for perjury or false statement, to use against the defendant any statement that the defendant gives under oath;

(B) the right to plead not guilty, or having already so pleaded, to persist in that plea;

(C) the right to a jury trial;

(D) the right to be represented by counsel—and if necessary have the court appoint counsel—at trial and at every other stage of the proceeding;

(E) the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses;

(F) the defendant's waiver of these trial rights if the court accepts a plea of guilty or nolo contendere;

(G) the nature of each charge to which the defendant is pleading;

(H) any maximum possible penalty, including imprisonment, fine, and term of supervised release;

(I) any mandatory minimum penalty;

(J) any applicable forfeiture;

(K) the court's authority to order restitution;

(L) the court's obligation to impose a special assessment;

(M) in determining a sentence, the court's obligation to calculate the applicable sentencing-guideline range and to consider that range, possible departures under the Sentencing Guidelines, and other sentencing factors under 18 U.S.C. §3553(a);

(N) the terms of any plea-agreement provision waiving the right to appeal or to collaterally attack the sentence; and

(O) that, if convicted, a defendant who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future.

(2) Ensuring That a Plea Is Voluntary. Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement).

(3) Determining the Factual Basis for a Plea. Before entering judgment on a guilty plea, the court must determine that there is a factual basis for the plea.
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https://www.law.cornell.edu/rules/frcrmp/rule_11
 
From the Monmouth County FB Page:

A Monmouth County Grand Jury had returned an indictment against Liam McAtasney, 19, in the murder of Sarah Stern.

McAtasney is indicted on first degree Murder, first degree Felony Murder, first degree Robbery, second degree Conspiracy, second degree Disturbing or Desecrating Human Remains, third degree Hindering Apprehension and fourth degree Tampering with Physical Evidence.

Because of the aggravating factors, McAtasney is facing life without the possibility of parole.
 
I was a teacher at Neptune HS and taught Preston and knew Liam. It makes me (and my coworkers) physically ill thinking about how we saw these boys daily and had no idea. We keep saying that there has to be more to this story than just the money.


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I feel physically I'll. How could they have done this to Sarah? Why would they do this to her? Bargaining details of what they did to her, to save their skin?! The horror of this never ends. My family is heartbroken. I pray to God Sarah's body is found. Please Sarah, help us find you.
 
Timing is everything. Why sbhack did PT not want to go before Grand Jury?
 
Taylor's sentencing is July 21.

His attorney said he will argue for the minimum term of 10 years, of which Taylor would have to serve at least 85% before being considered for parole, under the state's No Early Release Act. .

“If everything goes right, there's a possibility of getting him out in eight and a half years,” he said.

http://www.app.com/story/news/local...a-expected-sarah-stern-murder-case/100787608/
 
I didn't read any of the articles :facepalm: , but when does LM go to trial??

TIA!
 
It has been a long time since I've posted. However this case really got to me.

I have kids just a few years younger. I can't even imagine

And that this was somebody Sarah knew well? The level of betrayal she had to have felt in her last moments.
 
Shark River Bridge to Remain Focus of Search for Remains of Sarah Stern - Plainfield NJ News https://www.tapinto.net/towns/plainfield/articles/shark-river-bridge-to-remain-focus-of-search-for-1

 
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