Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> PCR and Withheld Evidence (Part 4)

October 10, 2021 by Fred Sisto

PCR and Withheld Evidence (Part 4)

The New Jersey Supreme Court continued in relevant part: Jones acknowledged that her son and Hannah were drug dealers who sometimes worked together, and she testified to a number of comments Thomas made to her that suggested he had participated in the killings and planned to frame Hannah for them. The court rejected defense counsel’s argument that the testimony of Mary Jones was admissible under the co-conspirator’s exception to the hearsay rule. Defense counsel did not argue that Thomas’s admissions to his mother constituted statements against interest under N.J.R.E. 803(c)(25), nor did the court address that alternate ground for the admissibility of Jones’s testimony. In her summation remarks, the prosecutor told the jury, “There is not a stitch, a scintilla, a scintilla, a bit, an ounce, a piece of evidence, that links Thomas to that murder.” The Appellate Division affirmed, determining that Thomas’s statements to Jones were not admissible as statements against interest. The Court denied certification.

In his first petition for PCR, Hannah asserted ineffective assistance of counsel by his trial and appellate attorneys, claiming, among their deficiencies, their failure to adequately present the case for the admission of the testimony of Thomas’s mother. The PCR court denied the petition without an evidentiary hearing; after the Appellate Division remanded for a hearing, the PCR court again denied relief. The Appellate Division affirmed; the Court denied certification, and the federal district court denied Hannah’s habeas corpus petition. Hannah’s copy of the case file, including trial discovery and transcripts, was lost during a lockdown at Trenton State Prison, and Hannah received a replacement copy.

Hannah averred that, for the first time, he observed the Redd Report, which disclosed that Thomas responded to a pager number found in the victims’ car. In his second PCR petition, Hannah moved for a new trial based on newly discovered evidence. In January 2008, the PCR court denied Hannah’s petition without an evidentiary hearing. In February 2008, Hannah’s former PCR counsel certified that, to his recollection, the Redd Report did not appear in the file provided to him by the Public Defender’s Office.

The amount of time and resources involved with the litigation of this and many murder trials, appeals, and collateral attacks is staggering. This consideration likely plays an unspoken part in the analysis of the three-judge dissent.

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Drug Recognition Evidence (Part 3)
  • Drug Recognition Evidence (Part 2)
  • Drug Recognition Evidence (Part 1)
  • Shoplifting and Sales Tax (Part 2)
  • Shoplifting and Sales Tax (Part 1)
  • Handgun Permit-To-Carry Applications (Part 3)
  • Handgun Permit-To-Carry Applications (Part 2)
  • Handgun Permit-To-Carry Applications (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish