CONVICTION OVERTURNED NJ - Timothy Wiltsey, 5, murdered, Sayreville, 25 May 1991 *Released 2021*

[OkieGranny]

Closing arguments - defense:

http://www.nj.com/middlesex/index.s...thers_dont_wake_up_one_day_and_kill_thei.html

And prosecution:

http://www.nj.com/middlesex/index.s..._tells_jury_michelle_lodzinski_guilty_of.html

 

[OkieGranny]

http://www.mycentraljersey.com/stor...imony-medical-examiner-school-nurse/84313092/

Jury deliberations in the Michelle Lodzinski murder trial are scheduled to continue this afternoon after jurors spent the morning listening to previous testimony from a former Middlesex County medical examiner and the former nurse at St. Mary's Grammar School in South Amboy...

Last month, Dr. Geetha Natarajan... was asked if she was still comfortable saying Timothy's death was a homicide even though she couldn't say when, where or how he died. "Yes," she answered in the recorded testimony...

Mary Ellen Quirk, former nurse at St. Mary's Grammar School, where Timothy was a kindergarten student, said in her March 18 recorded testimony that Timothy was late to school 63 times and absent 25 days between September 1990 and May 1991.

 

[0101ABA]

Forget CSI shows, Lodzinski jury could convict without fingerprints, eyewitness

Attorney Gerald Krovatin's major argument to the jury to acquit his client, Michelle Lodzinski of the 1991 murder of her son, Timothy Wiltsey, 5, is that there is no direct evidence linking her to the crime.

The prosecutors agree.

They are relying on circumstantial evidence to weave their story of a woman struggling as a single mother who ended up killing her son — and dumping his body in a drainage ditch in a remote area of Raritan Center in Edison, not far from where she worked two years earlier.

http://www.nj.com/middlesex/index.ssf/2016/05/how_good_is_circumstantial_evidence.html

 

[OkieGranny]

http://abc7ny.com/news/foreman-dism...for-ex-nj-mom-accused-of-killing-son/1334955/

A judge on Tuesday removed the jury foreman in the murder trial of a Florida woman charged with killing her 5-year-old son in New Jersey in 1991.

The move came before the jury resumed deliberating for a fourth day in the trial of Michelle Lodzinski.

The judge did not disclose specific details on why the foreman was dismissed and replaced by an alternate juror, but it means deliberations started over, with jurors told to disregard whatever the foreman had said during the earlier discussions.

 

[strawberry]

Guilty !! http://www.nj.com/middlesex/index.s...l?hootPostID=82cc40bffad36d2819532416fe84608d


Sent from my iPhone using Tapatalk

 

[robthomaseyes]

Guilty !! http://www.nj.com/middlesex/index.s...l?hootPostID=82cc40bffad36d2819532416fe84608d


Sent from my iPhone using Tapatalk

Very good news. As someone who worked with Gerald Krovatin years ago when he was at Lowenstein, Sandler in Roseland, I'm pleasantly surprised that he lost this case. He's a damned amazing litigator. So happy he lost this one. But with his fees (which by now have to be somewhere in the ballpark of $550 to $750 an hour (if not more), who is paying the bill? I cannot find that information. Was he court-appointed or does she have that much money?

 

[MadamReporter]

He took the case pro bono. His wife is a well-known author, so I'm sure they are not hurting financially.
He did work his *advertiser censored* off on this case and he did manage to get a lot of incriminating and damaging testimony suppressed and not seen before the jury. I think he made the absolute most of the mess of a client he had.

 

[katydid23]

I hope that mess, with having to kick off the foreperson of the jury, will not create appeal problems in the future.

 

[MadamReporter]

I hope that mess, with having to kick off the foreperson of the jury, will not create appeal problems in the future.

I'm sure that will be the subject of his appeal.

When they were interviewing the jurors individually about whether there had been a violation of the judge's instructions back in the jury room, Gerry must have gotten a sense of which way the foreman's vote was leaning because the following day he told the judge he did NOT want a mistrial and he did NOT want the foreman dismissed as a juror. After the judge ruled that the foreman would be dismissed, Gerry then moved for a mistrial and was denied. Turns out his instinct was right, because the very next morning the new jury convicted her of first-degree murder 20 minutes after they arrived.

 

[robthomaseyes]

He took the case pro bono. His wife is a well-known author, so I'm sure they are not hurting financially.
He did work his *advertiser censored* off on this case and he did manage to get a lot of incriminating and damaging testimony suppressed and not seen before the jury. I think he made the absolute most of the mess of a client he had.

That explains it. He's very high-priced; even back in the Lowenstein, Sandler days, he was already billed out high.

 

[mothwings]

This case is very interesting and sad and shares a lot of similarities with the Casey Anthony trial.


Why can't I find any full days on youtube or elsewhere? It was live streamed? I would have watched.

 

[mothwings]

There was so many 2 minute high quality clips on youtube that are just there to tease us. They were recorded by NJ media. I reached out to them to see if I could get more of them or at least have them upload it and I didn't get a reply waiting for 7 days. They didn't bother to respond until I emailed them back a second time and all I got was "the clips are all that's available." Really? You recorded the entire trial and won't release anymore other then 2 - 3 minute teasers of 10 days? Ridiculous. So tragic I never heard of this trial or I would have recorded it for everyone. The coverage has been horrible.

At least there was a guilty verdict.

 

[JusticeWillBeServed]

Sentencing of mother in 1991 N.J. cold case postponed; attorney seeks acquittal or new trial

http://www.northjersey.com/news/sentencing-of-mother-in-1991-n-j-cold-case-postponed-attorney-seeks-acquittal-or-new-trial-1.1648465

Michelle Lodzinski, the former South Amboy mother convicted in May of killing her 5-year-old son, Timothy Wiltsey, 25 years ago, will not be sentenced on Tuesday as originally scheduled.

Instead, Middlesex County Superior Court Judge Dennis Nieves is scheduled to hear a defense motion calling for a judgment of acquittal or new trial in the case. Oral arguments of the motion were requested by Lodzinski's attorney, Gerald Krovatin..

The motion is based on two factors: a lack of evidence and a jury issue.

During the trial, there were several witnesses who could not recall certain elements of the case because of the nearly 25-year time span. In addition, during jury deliberations, the jury foreman was dismissed and an alternate juror was selected as a replacement.

A motion for a new trial is a relatively pro-forma motion made in many cases, according to Jeffrey Gold, a criminal defense attorney with offices in Cherry Hill and Mount Holly, who formerly served as an assistant Burlington County prosecutor.

"It's is not unusual. It is, however, very unusual for the trial judge to grant such a motion because it is the trial judge who ruled on the objections as they were made in this case," said Gold, adding that the motion may involve the removal of the jury foreman during the deliberations or other issues in the trial.

"Unless there is a bombshell we don't know about, it usually will go nowhere," Gold said.

 

[mothwings]

Really? She's almost sentenced and this comes out of the woodwork? Sounds familiar, anyone? Hopefully not too familiar. How can the judge just "acquit" him when she's already been convicted? Unless it was a bench trial, I thought only the jury could give an acquittal. Sadly, the system is corrupt as it could possibly be. "Law" is not justice.

 

[GeeEm]

August 23, 2016

Judge to weigh new trial in 1991 killing of 5-year-old boy


A New Jersey judge is scheduled to consider whether a Florida woman convicted of killing her 5-year-old son in 1991 deserves a new trial.

Lodzinski's attorney is expected to argue that prosecutors didn't present enough evidence at the trial. He also has questioned why the jury foreman was dismissed during deliberations.



http://www.foxnews.com/us/2016/08/23/judge-to-weigh-new-trial-in-11-killing-5-year-old-boy.html

 

[MadamReporter]

August 23, 2016

Judge to weigh new trial in 1991 killing of 5-year-old boy


A New Jersey judge is scheduled to consider whether a Florida woman convicted of killing her 5-year-old son in 1991 deserves a new trial.

Lodzinski's attorney is expected to argue that prosecutors didn't present enough evidence at the trial. He also has questioned why the jury foreman was dismissed during deliberations.

The foreman was dismissed because he decided to do his own Google research during deliberations. When another juror sent a note to the judge letting him know that that had happened, Lodzinski's attorney said that he wanted the foreman to remain on the jury and he did NOT want a mistrial. The judge ruled that the foreman had violated his oath and blatantly disregarded the instructions the judge gave the jurors AT LEAST twice at day, sometimes more. As soon as the judge removed the rogue juror, Lodzinski's attorney moved for a mistrial ... and was denied. The next day, with the alternate juror seated, his client was convicted of first-degree murder.

Fast-forward three months. Krovatin's appeal cites juror misconduct as a reason that his client deserves a new trial. The SAME juror that he said he wanted to remain on the jury.

 

[mothwings]

What is going on here? Hasn't it been 30 days?

 

[MadamReporter]

It has been over 30 days.

The arguments that Lodzinski's attorney made last month about her not getting a fair trial, juror misconduct, et cetera, were a waste of the Court's time and just for show, in my opinion. I was there the day the foreman got dismissed, and Judge Nieves already rejected the defense's request for a mistrial that day. The only thing that happened between then and now is that Lodzinski got convicted. If nothing changed, why would the Judge's mind?

 

[JusticeWillBeServed]

Lodzinski motions for acquittal, new trial denied

http://www.mycentraljersey.com/story/news/crime/jersey-mayhem/2016/10/25/lodzinski-motions-acquittal-new-trial-denied/92732468/

Michelle Lodzinski, the former South Amboy mother convicted of killing her 5-year-old son, Timothy Wiltsey, more than 25 years ago, will not be acquitted, nor will she get a chance at a new trial, a judge ruled Tuesday.

Middlesex County Superior Court Judge Dennis Nieves denied both motions based on the facts and analysis and after considering the attorney's legal arguments.

Nieves said he's mindful of his obligation to scrutinize all evidence and to correct an error or mistake made by the jury. He also asked himself if Lodzinski was deprived of a fair trial.

"I am also mindful of my authority to grant a new trial if it clearly and convincingly appears that Ms. Lodzinski was manifestly denied justice. I cannot say she was," Nieves said in his 20-page decision, adding that Lodzinski was privileged to have one of the best criminal defense attorney's to enter his courtroom.

Lodzinski's new sentencing date has not yet been announced.

 

[JusticeWillBeServed]

Michelle Lodzinski to be sentenced next month in killing of 5-year-old son

http://www.nj.com/middlesex/index.ssf/2016/12/sentencing_scheduled_for_michelle_lodzinski.html

The sentencing for Michelle Lodzinski, the former South Amboy woman convicted of killing her 5-year-old son in 1991, has been scheduled for January, officials said Thursday.

Lodzinski, who in May was found guilty of the murder of her son Timothy Wiltsey, is scheduled to be sentenced on Jan. 5 at 9 a.m. in Middlesex County Superior Court before Judge Dennis V. Nieves, according to a statement.