State v. Menter

Citation680 A.2d 800,293 N.J.Super. 330
PartiesSTATE of New Jersey, Plaintiff, v. William MENTER, Defendant.
Decision Date30 October 1995
CourtNew Jersey Superior Court
Patrick R. Raviola, Assistant Prosecutor, Jeffrey S. Ziegelheim, Assistant Prosecutor for plaintiff (Carmen Messano, Hudson County Prosecutor, attorney, Mr. Raviola and Mr. Ziegelheim, of counsel, and on the brief)
OPINION

JAMES T. O'HALLORAN, J.S.C.

Defendant William Menter has made motions to strike two of the aggravating factors which the State intends to prove at the penalty phase of trial to support a sentence of death. See State v. McCrary, 97 N.J. 132, 478 A.2d 339 (1984). Specifically, defendant contends that there is insufficient evidence to support a finding by the jury that he murdered the victims while attempting to commit an aggravated sexual assault upon Joann Roberts. N.J.S.A. 2C:11-3c(4)(g).

Defendant also maintains that there is inadequate evidence to support a finding that the alleged murders "involved torture, depravity of mind, or an aggravated assault...." N.J.S.A. 2C:11-3c(4)(c). The State charges this aggravating factor under two theories. First, the State asserts that defendant intended to, and did in fact, cause Latisha Roberts (who was not a victim) extreme mental suffering by killing her family. Second, the State submits that defendant intended to, and did in fact, cause extreme physical or mental suffering--in addition to death--when he killed Joann, Isabella and Shakia Roberts.

Defendant has also filed a motion to dismiss counts four through nine 1 of the indictment. He contends that there was inadequate evidence presented to the grand jury to support these counts. He further asserts that the evidence submitted was deficient in that it was hearsay. Finally, he argues that the prosecutor presented the charges to the grand jury in such a way that the panel unreasonably "deferred to the prosecutor's judgment." Defendant's Brief in Support of Motion to Dismiss Counts 4-9, at 2.

First, this court denies defendant's motion to strike aggravating factor three (attempted aggravated sexual assault). Specifically, this court finds that "a reasonable fact finder could ... conclude that [the] aggravating factor exists." McCrary, supra, 97 N.J. at 144, 478 A.2d 339. "Defense motions to strike an aggravating factor should be brought only when the supporting evidence is so thin, so lacking, so weak as to leave no room in the minds of a reasonable fact-finder as to the existence of that aggravating factor." Id. at 147, 478 A.2d 339 (emphasis added). Clearly, that is not the case here. The State is ordered to provide defendant with a bill of particulars detailing the charge of attempted aggravated sexual assault. R. 3:7-5.

Defendant's motion to dismiss counts four through nine of the indictment is similarly denied. This court finds that the evidence submitted to the grand jury was sufficient to sustain the indictment. Furthermore, that evidence was not incompetent because much of it was based upon hearsay. Both the New Jersey and United States Supreme Court have long held that an indictment based on hearsay is valid. State v. Dayton, 23 N.J.L. 49, 56 (Sup.Ct.1850); Costello v. United States, 350 U.S. 359, 363, 76 S.Ct. 406, 408, 100 L.Ed. 397, 402-03, reh'g denied, 351 U.S. 904, 76 S.Ct. 692, 100 L.Ed. 1440 (1956) (an indictment may be returned on the basis of hearsay).

This court also finds that the challenged counts of the indictment were not the result of the prosecutor's exercise of undue influence over the grand jury. A prosecutor's conduct is granted a presumption of validity. In re Investigation Regarding Ringwood Fact Finding Comm., 65 N.J. 512, 516, 324 A.2d 1 (1974); State v. Laws, 51 N.J. 494, 242 A.2d 333 cert. denied, 393 U.S. 971, 89 S.Ct. 408, 21 L.Ed.2d 384 (1968). Defendant's allegation that the prosecutor improperly impelled the grand jury to return an indictment for attempted aggravated sexual assault is unfounded. This court finds that the prosecutor exercised his charging duty in good faith.

Finally, defendant's motion to strike aggravating factor two ( N.J.S.A. 2C:11-3c(4)(c)) is denied in part and granted in part. The State is restricted to the theory that William Menter intended to, and did in fact, cause Latisha Roberts extreme mental suffering when he killed her family. The State is ordered to supply defendant with a bill of particulars clearly delineating that theory. R. 3:7-5.

However, this court rejects the State's second theory. There is no evidence that defendant "intended to inflict pain incremental to that attributable to the act of killing." State v. Erazo, 126 N.J. 112, 138, 594 A.2d 232 (1991). As such, the State is precluded from asserting at trial that defendant intended to cause Joann, Isabella and Shakia Roberts extreme physical or mental suffering--in addition to death.

I Evidence Submitted by the State

The facts as alleged before the grand jury, and elicited from witnesses, follow. Latisha Roberts (Latisha) 2 had been dating defendant, William Menter, sporadically for five years. On July 15, 1994, Menter proposed marriage to Latisha.

Latisha was not receptive. Apparently, she had wanted to terminate her relationship with Menter for some time. She had hesitated because she feared defendant. Nevertheless, on July 15, Latisha declined defendant's offer of marriage and informed Menter that she wanted to end their relationship. The next day, she went to stay with friends, hoping to avoid defendant.

Menter spent much of July 16 attempting to locate Latisha. He went to several of her friends' homes to inquire as to her whereabouts. He was unsuccessful. Eventually, defendant arrived at Latisha's home.

Latisha lived with her mother, Joann Roberts (Joann), and her grandmother, Isabella Roberts (Isabella), at 165 Wegman Parkway. On the evening of July 16, three of Latisha's cousins were spending the night at her house. They were Shakia Roberts (Shakia), age seven; Omar Roberts (Omar), age twelve; and their younger brother Zaire Roberts (Zaire), age two.

Omar was watching television in the living room when he heard a knock at the front door. His aunt, Joann, answered the door. Defendant (whom Omar recognized as his cousin Latisha's boyfriend William) entered. He asked to speak with Joann alone in the kitchen. A short time later, Omar heard something fall to the floor.

Omar arose from the couch and went to the kitchen. When he entered, he observed his Aunt Joann lying on the floor. Defendant was standing over her. Omar shouted: "[g]et off my aunt."

At that point, defendant grabbed Omar by the ear and began to slash his throat with a box cutter (razor). Thereafter Isabella, who had been sleeping, came out of her bedroom and towards the kitchen. Defendant released Omar and began slashing Isabella's throat.

Omar ran down the hallway and hid under his Aunt Joann's bed. His sister Shakia, who had been sleeping in the bed, awoke. Omar warned his sister to stay away from William. Shakia ran out into the hallway. Omar heard her shout: "William, I didn't do anything." Omar further recounted that his grandmother Isabella, whom he heard gasping for air, was attacked again.

Shakia reentered the bedroom bleeding from her neck. Defendant followed her. Defendant told Shakia to "lay on the bed and I'll take you to the hospital." He proceeded to slash her throat again, pushing her body under the bed where Omar was hiding. Defendant told Omar that "this shouldn't have happened." He then grabbed Omar and slashed his throat again.

At some point after the attack in the bedroom, Omar heard defendant speaking on the telephone. He heard him say: "Michelle 3, don't do this to me. Where is Latisha?" After this conversation defendant left the bedroom and later, the house.

Omar's next recollection is of a flashlight shining through the bedroom window. He exited the bedroom and fell into the arms of Jersey City Police officers who had broken into the house after observing Joann Roberts' body lying on the kitchen floor.

In addition to the wounded Omar (who survived), the officers found the bodies of Joann (on the kitchen floor), Isabella (who had been dragged into the bathroom), and Shakia (who had been shoved under the bed where Omar had been hiding).

Joann was found lying on her back with her legs spread apart. Her shorts and panties were pulled down around her left ankle, exposing her genitalia. Her blood stained shirt was pushed up, partially revealing her breasts. Subsequent forensic tests revealed no evidence indicative of a completed sexual assault.

The officers also found two styrofoam plates at the crime scene. The following message was written on one plate: "Tecia 4, never fuck with me in life." The other plate read: "[y]ou may have cracked my world, but I devastated yours, go to hell, I'll be waiting for you."

II Procedural History

On October 21, 1994, William Menter was indicted for the murders of Joann, Isabella, and Shakia. He was also charged with the attempted murder of Omar. Additional charges included attempted aggravated sexual assault upon Joann and the felony murders of Joann, Isabella, and Shakia (all predicated upon the attempted aggravated sexual assault of Joann).

Defendant was arraigned before this court where he entered pleas of not guilty to all charges. At arraignment, the State provided defendant with a notice of aggravating factors intended to support a sentence of death for the three murders. Those factors were:

1. Each of the murders was committed while the defendant was engaged in the commission of the other murders. N.J.S.A. 2C:11-3c(4)(g).

2. The offenses were outrageously or wantonly vile, horrible or inhuman in that they involved...

To continue reading

Request your trial
2 cases
  • State v. Ortiz, 3D99-2761.
    • United States
    • Florida District Court of Appeals
    • August 23, 2000
    ... ...         6. We note that courts in other jurisdictions have similarly found such circumstantial evidence to be sufficient to support an attempted sexual battery charge. See, e.g., State v. Menter, 293 N.J.Super. 330, 680 A.2d 800, 806 (1995) (where victim found lying on her back with her legs spread apart; her shorts and panties pulled down around her left ankle, exposing her genitalia; blood stained shirt pushed up partially revealing her breasts and forensic tests revealed no evidence of ... ...
  • State Of Iowa v. Killings
    • United States
    • Iowa Court of Appeals
    • October 6, 2010

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT