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He also had “some bruising to the right side of his head,” and two lacerations on his left wrist. did not recall removing her pants, they were on the floor. returned, she started shaking Vogel to awaken him while defendant kept repeating, “I can't get in trouble for this, I thought you were awake, I thought you were awake, I can't get in trouble for this.” Defendant told A. He dressed so quickly that he put his pants on backwards. As they drove away, Vogel asked her “what had happened,” and she responded that defendant “said that he had sex with me.” Vogel then said “turn your car around right now, we need to have a talk.” When they returned to the condominium, Vogel jumped out of the car and started pounding on the door. As she started to walk towards the townhouse, she saw defendant. He said Vogel was five feet ten inches tall and weighed 179 pounds.

2C:11-4a(2), attempted aggravated sexual assault, N. He had abrasions on his left shoulder, forehead, left flank area, and lower back. Defendant was “yelling and pacing and pacing and yelling I can't get in trouble for this, I thought you were awake, I thought you were awake.” When Vogel finally stirred, she told him that they needed to leave immediately. got into her car, “very upset and ․ crying.” She returned to the condominium unit because Vogel was still inside talking to defendant and she told Vogel that they needed to leave. pulled up in front of the house and turned the car around to park. ran into the residence and saw Vogel on his back on the ground trying to breathe. Ribitzki's police report was also read to the jury, including a statement attributed to A. that “she was passed out and that [defendant] raped her.” The report also referred to defendant as “the guy who allegedly raped her.” Defendant stipulated to the admission of the report. During the subsequent sexual assault examination, A. said she was “unsure” what sexual contact had occurred. The external genital DNA specimens showed the presence of material from more than one individual, the major contributor being female, the minor contributor being male. The DNA was insufficient, however, for conclusive testing but Banaag nonetheless testified that defendant could “not be excluded as having contributed to this mixture” of DNA and only “one in 682” Caucasians could not be excluded. Hua conducted the autopsy on behalf of the Newark Medical Examiner's Office.

Before they drove away, however, they encountered defendant, who was also attempting to enter the pool hall, and decided to go on together to a tavern called the Side Bar, although they were meeting for the first time. He said that the location of the wounds at shoulder level or above, and the fact that there were no injuries to the back, meant that the victim was “incapacitated or partially incapacitated, [could not] move, [could not] really fight.” Hua attributed the victim's incapacitation as “the most probable, likely cause” to the clustering of the wounds in the upper body, in terms of “reasonable probabilit[ies].” He considered the absence of wounds to other portions of the body to be extremely significant, adding that the wounds to the armpit and the back of the hand were probably “defensive” wounds and were the only defensive wounds.

The report indicated the absence of “date rape” drugs from A.

M.'s urine sample because it was insufficient for testing.

There was a large blood stain on the couch and blood splattered on a reclining chair.

An eight-inch-long knife blade lay on the floor by the wall to the kitchen. (1947) MANDATING A REVERSAL OF THE CONVICTIONPOINT VIITHE COURT BELOW ERRED IN DENYING THE MOTION FOR JUDGMENT OF ACQUITTAL AS TO COUNT 5 (ATTEMPTED AGGRAVATED SEXUAL ASSAULT) CONTRARY TO THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND NEW JERSEY STATE CONSTITUTION (U.

John Vincent Saykanic argued the cause for appellant. Festa, Senior Assistant Prosecutor, argued the cause for respondent (Camelia M. The tape of the 9-1-1 call defendant made to police was played to the jury. wore Vogel's t-shirt while in the Jacuzzi, which “covered everything,” and Vogel and defendant wore their “boxers.” They stayed in the Jacuzzi until approximately a.m., got dressed, and defendant showed them to the master bedroom. She told defendant that she was going to sleep and the last thing she remembered was “snuggling” with Vogel as defendant left the room. The cause of death was sharp wounds to the neck, torso, and face. (1947)POINT XTHE CONVICTION UNDER COUNT 5 (ATTEMPTED AGGRAVATED SEXUAL ASSAULT) MUST BE REVERSED DUE TO THE ADMISSION OF EGREGIOUSLY PREJUDICIAL HEARSAY WHICH DEPRIVED THE DEFENDANT OF HIS SIXTH AMENDMENT CONFRONTATION RIGHT AND OF HIS DUE PROCESS RIGHT TO A FAIR TRIAL PURSUANT TO THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND NEW JERSEY STATE CONSTITUTIONPOINT XITHE TRIAL COURT ERRED IN DENYING DEFENSE COUNSEL'S MOTION FOR A JUDGMENT OF ACQUITTAL REGARDING THE CHARGE OF MURDER IN COUNT ONE, THEREBY NECESSARILY TAINTING THE JURY'S VERDICT FINDING THE DEFENDANT GUILTY OF THE LESSER INCLUDED OFFENSE OF AGGRAVATED MANSLAUGHTER; THE OVERCHARGE ON THE MURDER COUNT RESULTED IN A COMPROMISE VERDICT WHICH MUST BE REVERSED [SIC] THE DEFENDANT'S DUE PROCESS RIGHT TO A FAIR TRIAL PURSUANT TO THE FOURTEENTH AMENDMENT AND NEW JERSEY STATE CONSTITUTION WAS VIOLATEDPOINT XIITHE COURT ERRED IN CHARGING, OVER THE DEFENDANT'S OBJECTION, AGGRAVATED MANSLAUGHTER AND RECKLESS MANSLAUGHTER [SIC] THE DEFENDANT'S DUE PROCESS RIGHT TO A FAIR TRIAL PURSUANT TO THE FOURTEENTH AMENDMENT AND NEW JERSEY STATE CONSTITUTION WAS VIOLATEDPOINT XIIITHE TRIAL COURT ERRED BY FAILING TO CHARGE PASSION/PROVOCATION MANSLAUGHTER SUA SPONTE AND DEFENDANT WAS DENIED A FAIR TRIAL AND DUE PROCESS OF LAW (U.

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Tried by a jury, defendant Michael Coppola was convicted of aggravated manslaughter, N. One was three centimeters and one was one and one-half centimeters. while he “was ․ cleaning the bathroom,” but she was too tired to respond. woke up approximately five hours later; Vogel was asleep on one side of the bed and defendant was seated on the other side, naked, staring at her. She jumped out of bed, grabbed her pants, and ran to the bathroom to get dressed. He “was already walking out and he was covered in blood and he came this close to my face and he said the police are on their way, your boyfriend is dead, I killed him. Vogel was clothed in a pair of blue jeans worn backwards, a belt, a white sweater, and shoes. Defendant was initially quiet, but Sewell thought he may have cried a little when police arrived. When he stood up, he saw defendant lying in the road and heard police sirens. The knife's blood-stained five-inch-long handle was “underneath [a] dining room chair.” A trail of blood led from the living room towards the kitchen. About two feet into the kitchen, the floor had “numerous blood drops” and “a smear” of blood. “[T]here was blood on the wall” next to the kitchen phone. Outside, “numerous blood drops on the walkway” led to the front door where defendant lay in the road, and “quite a few ․ puddles of blood” were on the concrete area outside the front door. Seifried entered the ambulance where defendant was being treated, advised him of his Miranda rights and attempted to interview him. removed all of her clothes “except her bra and her thong underwear” when they went into the Jacuzzi and that Vogel took off all his clothes. He testified they spent close to three hours in the tub drinking and smoking. They left, and defendant locked the door behind them. (1947)POINT VITHE CONVICTION ON COUNT FOUR (UNLAWFUL POSSESSION OF A WEAPON) IS AGAINST THE WEIGHT OF THE EVIDENCE AND IS CONTRARY TO THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND NEW JERSEY STATE CONSTITUTION (U. Defendant “started yelling that he could not breathe and he did not want to die,” at which point Seifried stopped questioning him. returned to the townhouse, they watched a movie, drank beer, and smoked marijuana. to go to the airport, they were watching a movie that continued until approximately a.m. When they got out, Vogel “barely dried off” before he went over to the bed and “just passe[d] out.” Defendant said that A. also dried off and went to bed wearing her bra and thong underwear. Vogel dressed and defendant followed them down the stairs, where at the landing Vogel turned around, shook defendant's hand, and thanked him. Defendant returned to the bathroom to continue cleaning when he heard a loud knocking, “almost [a] banging,” on the door. A narrated police DVD of the scene was played for the jury and introduced via the testimony of Detective Sergeant Stephen Seifried. (1947)POINT VIIITHE CONVICTION UNDER COUNT 5 (ATTEMPTED [AGGRAVATED] SEXUAL ASSAULT) IS AGAINST THE WEIGHT OF THE EVIDENCE AND IS CONTRARY TO THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND NEW JERSEY STATE CONSTITUTION (U. It depicts the front door of the residence leading to a wood floor entryway and a living room area.

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