State v. Koskovich

• Decision Date: 07 June 2001
• Citation: 168 N.J. 448,776 A.2d 144
• Parties: STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Thomas J. KOSKOVICH, Defendant-Appellant and Cross-Respondent.
• Court: New Jersey Supreme Court

776 A.2d 144

168 N.J. 448

STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Thomas J. KOSKOVICH, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Argued September 26, 2000.

Decided June 7, 2001.

Stephen W. Kirsch and Susan Brody, Assistant Deputy Public Defenders, argued the cause for appellant and cross-respondent (Ivelisse Torres, Public Defender, attorney).

Bennett A. Barlyn, Deputy Attorney General, argued the cause for respondent and cross-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney). The opinion of the Court was delivered by VERNIERO, J.

In this capital case, defendant appeals his conviction and death sentence, claiming numerous errors by the trial court in both the guilt and penalty phases of trial. Further, he asserts that absent any trial errors, the sentence is disproportionate when compared to similar cases and should thus be vacated. We affirm the capital and non-capital convictions but agree with defendant that certain errors committed during the penalty phase warrant reversal of the death sentence. In view of that conclusion, we remand for a new sentencing proceeding and do not address defendant's proportionality claims.

I. Facts and Procedural History

A. The Burglary of the Sporting Goods Store

On April 8, 1997, defendant, an eighteen-year-old high school student, suggested to a friend, Michael Conklin, that they burglarize Adventure Sports, a sporting goods store on Route 23 in Franklin Borough, Sussex County. Defendant explained that he wanted to steal several guns that he had viewed at the store, and Conklin agreed to help. Defendant arrived at Conklin's house that evening to execute the plan. After talking for a few minutes, defendant and Conklin left, with Conklin driving defendant's automobile.

Defendant and Conklin drove past the police station and around Franklin to determine if any police officers were in the area. Conklin dropped defendant off at the store, parked the car at a nearby apartment complex, and waited for defendant's return. Defendant smashed the front window of the store with a baseball bat, smashed a display case, and removed three firearms, a .40 caliber semi-automatic pistol, a .22 caliber revolver, and a .45 caliber semi-automatic pistol. The .22 and.45 caliber weapons would later be used by defendant and a different friend to commit two homicides.

About twenty minutes after being dropped off, defendant returned to Conklin's location. Defendant entered the automobile and instructed Conklin to drive to a nearby laundromat. There, defendant hid the three guns under the hood of the car and changed his pants. Defendant and Conklin returned to Conklin's house, where defendant spent the night. The next morning defendant displayed the three guns to Conklin and gave him the .40 caliber semi-automatic pistol. Defendant placed the other two guns in a duffle bag and left Conklin's house.

B. The Homicides and Robbery

Defendant and seventeen-year-old Jayson Vreeland had discussed robbing and possibly killing a delivery person prior to their committing those crimes, although the precise nature and date of that discussion are not indicated in the record. Prior to leaving his home on April 19, 1997, defendant strapped the stolen .45 caliber semi-automatic pistol across his chest and underneath his shirt, and Vreeland strapped the .22 caliber revolver to his chest. They also copied several telephone numbers for local pizzerias from the phone book onto a piece of paper and obtained loose coins from defendant's girlfriend, Kimberly Prestidge.

Defendant and Vreeland left defendant's home in defendant's blue Chevrolet Cavalier, which had two distinguishing characteristics: a loud muffler and a damaged headlight. They proceeded to an abandoned house on Scott Road in Franklin and decided that they would try to have the pizzas delivered to that address. They then drove to a local Dunkin' Donuts to use the pay phone. Defendant and Vreeland called Tony's Pizza to order the pizzas, but quickly canceled that order after learning that Jeremy Giordano, an acquaintance of Vreeland, was on duty as the delivery person that evening. However, after several other restaurants refused to deliver to the remote Scott Road area, defendant and Vreeland called Tony's Pizza a second time and placed the order.

Defendant and Vreeland returned to Scott Road where defendant parked his car in such a manner as to aid in a quick retreat. He loaded the weapons, gave the.22 caliber revolver to Vreeland, and kept the .45 caliber semi-automatic pistol for himself. Defendant and Vreeland then waited at the curb in front of the abandoned house.

At approximately 10:45 p.m., twenty-two-year-old Jeremy Giordano and twenty-five-year-old Giorgio Gallara left Tony's Pizza to make the delivery, with Giordano driving his 1995 Pontiac Grand Am. Giordano approached the address on Scott Road with the passenger side of the Grand Am facing defendant and Vreeland. As Giordano's automobile approached the curb, Gallara lowered the window on the passenger side and asked for $16.50, the sum owed for the pizzas. Defendant turned to his right, looked at Vreeland, and asked him if he had the money, to which Vreeland answered, "yeah." Defendant replied, "[n]o, never mind, I got the money[,]" and reached into his right jacket pocket. He then pulled out the .45 caliber semi-automatic pistol, aimed it at Giordano's automobile, and discharged the gun until it was empty, firing seven shots in rapid succession. Vreeland also fired his weapon into the car.

Giordano's vehicle rolled a short distance and stopped in a bushy, muddy area. Defendant and Vreeland ran to the automobile. Defendant opened the passenger-side door, grabbed Gallara by the jacket, and threw him face down on the ground. Defendant ran around the back of the automobile and similarly removed Giordano from the vehicle. At that point Vreeland yelled, "that's Jeremy, that's Jeremy." Defendant did not recognize either victim. Defendant searched through the clothing of the victims looking for money. Defendant and Vreeland both entered the automobile and searched through the interior of the car, including the glove box.

Vreeland attempted to back the Grand Am out of the muddy area, but the tires spun and became stuck in the mud. Defendant yelled at Vreeland to forget about the vehicle so that they could leave. As they ran back toward defendant's automobile, defendant exclaimed, "I can't believe we did this. I can't believe we did this." Vreeland replied, "I love you man," and they hugged. Vreeland wore black gloves during the shooting and later discarded his blood-stained shirt into a stream.

Once in defendant's vehicle, Vreeland gave defendant the .22 caliber revolver and defendant put both guns under the driver's seat. After driving a short distance, defendant removed his blood-stained khaki pants and put on a pair of white jeans. Defendant drove to a Presbyterian church in Franklin, where he and Vreeland exited the vehicle, approached the front door, and made the sign of the cross. From the church, defendant and Vreeland returned to defendant's home. Defendant placed the two guns and his bloody pants in a gym bag and then put the bag under a pane of glass outside the house. Defendant gave Vreeland a shirt, and they went to a local bowling alley where they stayed a short time before returning to defendant's house. Defendant and Vreeland fell asleep and spent the rest of the night in defendant's home.

After hearing about the killings the next day, Christine Slater, a friend of defendant, contacted the police. The day before the homicides, defendant had shared with Slater his plan to kill a pizza delivery person. A resident of Scott Road who had seen defendant's automobile on Scott Road the evening of the murders also contacted the police after he observed the same vehicle parked at defendant's residence.

During the early morning hours of April 21, 1997, members of the State Police executed a warrant for defendant's arrest at defendant's home. The State Police transported defendant to a fire department parking lot across the street from his home and held him in custody until two officers from the Franklin Borough Police Department arrived. The Franklin officers informed defendant of his constitutional rights as required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The officers searched defendant and found a pouch containing twenty-six pills, which were later identified as Fiorcet (a prescription drug comprised of acetaminophen, caffeine, and a barbiturate).

At the police station defendant signed a Miranda card acknowledging that he had been informed of his rights. The officers conducted an inventory search of defendant's person, finding twelve seeds that appeared to be marijuana and five ten-dollar bills in defendant's wallet.

Detective Jack Repsha of the State Police and Lieutenant Virgil Rome of the Sussex County Prosecutor's Office met with defendant. Detective Repsha informed defendant that he was under arrest and was being charged with the murders of Gallara and Giordano. Defendant was again informed of his constitutional rights by Lieutenant Rome, and he signed a second Miranda form waiving those rights. The two officers then interviewed defendant and he confessed to his role in the killings. After a short break, defendant agreed to record his statement. Defendant again waived his Miranda rights and gave a forty-six minute taped interview in which he confessed to the crimes.

C. The Indictments and Guilt-Phase Proceeding

A Sussex County grand jury indicted defendant, charging him with second-degree conspiracy to commit murder, first-degree robbery, and second-degree burglary (count one); purposeful or knowing murder of Giordano by his own conduct (counts two through five); purposeful or knowing murder of Gallara as an accomplice (counts six through nine);...