State v. Crisafi
Decision Date | 09 July 1992 |
Citation | 608 A.2d 317,128 N.J. 499 |
Parties | STATE of New Jersey, Plaintiff-Appellant, v. Joseph Nicholas CRISAFI, a/k/a Joseph Trisafolli, a/k/a A. Alddan, Defendant-Respondent. |
Court | New Jersey Supreme Court |
Barbara A. Rosenkrans, Asst. Prosecutor, for plaintiff-appellant (James F. Mulvihill, Acting Essex County Prosecutor, attorney).
Frank J. Pugliese, Asst. Deputy Public Defender, for defendant-respondent (Wilfredo Caraballo, Public Defender, attorney; Frank J. Pugliese and Pamela Lynn Brause, Designated Counsel, on the briefs).
The opinion of the Court was delivered by
The sole issue is whether defendant, Joseph Nicholas Crisafi, knowingly and intelligently waived his right to counsel before proceeding pro se at his trial for aggravated sexual assault and related charges. A jury convicted defendant, but the Appellate Division reversed, finding that he had not so waived that right. 247 N.J.Super. 486, 589 A.2d 1033 (1991). We granted certification, 127 N.J. 545, 606 A.2d 360 (1991), and now reverse.
On November 5, 1980, defendant and his girlfriend, Carol Terranova, while using false names and posing as representatives of a fictitious modeling agency, visited the home of the victim, S.K., to discuss the possibility of a modeling career. Crisafi told the victim that she would make a "perfect" lingerie model, and photographed her twice in the living room, while she was fully clothed. He then told S.K. that he would like a photograph of her in her undergarments and that because S.K. was apprehensive, Terranova would take the photographs. The victim agreed, and she and Terranova went upstairs to the victim's bedroom, where Terranova photographed her. When Terranova showed the photographs to defendant, he said he was dissatisfied with them, and he directed Terranova to take additional pictures. Terranova then requested the victim to remove her underwear. S.K. agreed "as long as [Terranova] was taking the picture." After taking one photograph, Terranova went downstairs and gave the photograph to defendant, who told Terranova to "go sit out in the car and wait for him."
Defendant then went upstairs and sexually assaulted the victim. We need not describe in detail the indignities that defendant visited on S.K. Suffice it to state that at gunpoint, he forced her to perform fellatio, attempted to strangle her, and inserted his finger into her vagina. Defendant also poked the victim in the abdomen with a letter opener and punched her repeatedly. As he attempted to bind the victim's ankles, she broke free and escaped to a neighbor's house.
Defendant was indicted for first-degree aggravated sexual assault ( N.J.S.A. 2C:14-2), first-degree armed robbery ( N.J.S.A. 2C:15-1), second-degree aggravated assault ( N.J.S.A. 2C:12-1b(1), third-degree unlawful possession of a handgun ( N.J.S.A. 2C:39-5b), fourth-degree possession of a weapon (the letter opener) under circumstances not manifestly appropriate for a lawful purpose ( N.J.S.A. 2C:39-5d), and second-degree possession of a handgun and a letter opener for an unlawful purpose ( N.J.S.A. 2C:39-4a). A warrant was issued on December 8, 1980, for defendant's arrest. More than five years later, in August 1986, defendant was arrested in Texas and extradited in February 1987 to New Jersey.
To evaluate defendant's claim that he did not knowingly and intelligently waive his right to counsel, we review in some detail the pre-trial proceedings. Defendant first appeared before the trial court for arraignment on March 13, 1987. By that date he had not yet established his eligibility for representation by the Public Defender, so a pool attorney, Harold Fullilove, appeared for him. On behalf of defendant, Fullilove entered a not-guilty plea and waived a reading of the indictment. Defendant then excused Fullilove so defendant could argue pro se two motions, one for a writ of habeas corpus and the other for discovery.
The Public Defender assigned another attorney, Anthony Blasi, to represent defendant, but Mr. Blasi declined the assignment. Mr. Fullilove accompanied defendant on his next appearance before the court. Defendant informed the court that Blasi had withdrawn from the case because of Blasi's semi-retired status and heavy caseload. Mr. Blasi, however, advised the court that he had withdrawn as defendant's counsel because he and defendant disagreed about trial strategy.
On May 22, 1987, defendant and Mr. Fullilove appeared a third time, at which time the following colloquy occurred:
Defendant then argued motions, one to dismiss the indictment for reasons of delay and the other to reduce bail. At the conclusion of the proceedings, the following exchange took place:
The trial court then gave defendant until May 27 to decide whether to proceed with assigned counsel or to try the case on his own with the assistance of standby counsel.
Defendant informed the court on August 2, 1987, that he had dismissed Fullilove. In reply, on August 7, 1987, the court sent a letter informing defendant that the Public Defender would not assign a different attorney to represent him. The court warned defendant that "if you persist in your refusal to have him try this case in your behalf, you will be placed in the position of trying this case pro se with Mr. Fullilove sitting with you to assist you with all the legal technicalities involved." The court appointed Jed-Matthew Philwin, a private attorney, to appear on defendant's behalf at all subsequent pre-trial motions. During one of his appearances with Philwin, the court engaged defendant in the following discussion:
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