Sign the Petition to Judge to Stop Gross Miscarriage of Justice

Dear Friends:

Namaste. Almost three and a half years back, Dr. Divyendu Sinha, a brilliant computer scientist was beaten to death close to his home in Old Bridge, NJ while out on an evening stroll on June 25, 2010. Four teenagers attacked him while one teenager waited with a get-away car.

All five were charge as adult. However, Sinha family had nothing but set backs. One defendant, Steven Contreras, acquitted of most serious charge of murder, pleaded guilty in a plea bargain and would be sentenced to no more than four years. Other two, Julian Daley and Christopher Conway also took a plea deal without ever going to trial and would receive up to 8 and 15 years respectively.

The tragedy was compounded when on September 30th, a jury returned a verdict  of Not Guilty on nine of 10 counts, including charge of murder for remaining two defendants, Christian Tinli and Cash Johnson. This in face of overwhelming evidence and eyewitness testimony is nothing short of gross injustice to the Sinha family and a slap on the law abiding citizens of this country. Imagine instead of spending rest of their lives in a prison as the punishment, together these five criminals will spend no more than 23 years, that is less than five years on average.

We have created a petition asking the Judge Bradley Ferencz to ignore the plea deal and sentence the convicts to the maximum prison time allowed by the law. We have hardly eight days to collect thousands of signatures as we need to submit the signatures to the judge on October 16. Sentencing date is October 18.

Please sign the petition at the following link and post it on your social media (Facebook, Google+, twitter, blog, Reddit, etc.) and broadcast it to your email groups as soon as possible.

<http://tinyurl.com/sinhapetition>  If there is any problem with it, then paste the following link in your address bar.

http://www.change.org/petitions/petition-to-the-hon-bradley-ferencz-jsc-to-demand-maximum-sentence-allowed-by-law-for-all-five-defendants-responsible-for-the-death-of-dr-divyendu-sinha-and-to-stop-the-miscarriage-of-justice-now#share

You can hear a radio interview that I had immediately after the verdict at <petition>.

​We thank you on behalf of Mrs. Alka Sinha and her sons, Ashish and Ravi.

Brotherly yours,

Gaurang G. Vaishnav​

VHP of America

Edison, NJ, USA

732-744-0851

 

Take up one idea. Make that one idea your life – think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body, be full of that idea, and just leave every other idea alone. This is the way to success. – Swami Vivekananda

 

YouTube – Videos from this email

 

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April 25, 2012-Divyendu Sinha Murder Case Trial Update-20

April 26, 2012

 Dear Supporters of Sinha Family and Community Members:

Namaste. Here is the summary of the sixth day of trial (April 25) of Dr. Divyendu Sinha’s Murder Case.

Remaining dates of the trial this week are: April 26 and 27. Trial is most likely to conclude on Friday.

Ashish Sinha, elder son of Divyendu and Alka Sinha will testify today on April 26.

Time is from 9:00 AM to 4:00 PM with one hour lunch break, usually from 12:30 PM to 1:30 PM. If you plan to attend, either arrive by 8:45 AM or 1:15 PM at court room #501.  Also keep 10 minutes for security check. Please call me at 732-754-1727 or send email to vicharak@gmail.com , if you are coming.

 

The attack on the Sinha family occurred on the night of June 25, 2010 around 11:20 PM. Dr. Sinha died of head injuries on June 28.

Attackers who were indicted by a Grand Jury are: Steven Contreras (SC) 18, Cash Q. Johnson (CJ), 18, Christian M. Tinli (CT), 19, Christopher Conway (CC), 18, and Julian C. Daley (JD), 17. Ages are as of June, 2010.

While Steven Contreras is being tried separately, trial of the remaining four defendants will tentatively start on July 10.

Trial Day 6, Wednesday, April 25, 2012

 

 Old Bridge.JPG

 

                     Mrs. Alka Sinha

 

 

old-bridge-teens-tried-adults-sinhajpg-fdb9eff374f9bf9a_large.jpg       Inline image 1

               Dr. Divyendu Sinha (1961-2010)            Steven Contreras

Judge:  Bradley Ferencz (BF)

Asst. Public Prosecutor: Christopher Kuberiet (CK)

Defense Attorney: Hassen Abdellah (HA)

Defendant: Steven Contreras (SC)

State vs. Steven Contreras           Prosecutor File #2010-2581        Indictment: 10-11-01628

Following Witnesses took stand and were cross examined.

1.    Sargent Paul Miller (PM) Testimony continued from April 24.

2.    Dr. Meredith Tinti, Trauma Surgeon at Robert Wood Johnson Hospital

3.    Briana Amato, a friend of Julian Daley

4.    James Sheehan

5.    James Genoea

6.    Ashley Cullaine

7.    Derrick Pellegra

Witness Sargent Paul Miller’s cross examination continued today.

Defense Attorney, HA to PM:
You did not ask SC specifically about Press Mill (@ cornering AM in Dead End Street)

You asked 94 questions in 27 minutes. In second interview, you asked 400 questions.

SC thought that they were going to MM’s house to apologize.

Then, HA gave statistics of number of calls and text messages between all the defendants. His strategy was to prove that SC had a minimum number of calls and text messages because he was not involved in the conspiracy to commit the crimes.

 To counter the defense strategy which laid blame at the doorstep of the detectives and attempted to prove that there was no inconsistency between the statements given by SC on 6/36 and 6/30/2010, First Assistant Public Prosecutor Christopher Kuberiet (CK) cross examined Detective Paul Miller.

It can be safely said that he came out swinging and nailed down every lie of Steven Contreras.

Here is the gist of his cross examination. 

Steven Contreras gave police two statements, on June 26 and June 30, 2010. The following list shows inconsistencies and lies.

It is apparent that JD was issuing orders to CC on what to say to police and deleting text messages. He gave same orders to SC. SC followed JD’s orders (6/30).

6/26 Stmt: SC drove James Sheehan and James Geneoa home from Wendy’s.

6/30 Stmt: SC never drove Sheehan or Geneoa.

6/26 Stmt: SC did not mention JD’s orders to delete text messages.

6/30 Stmt: SC admits to deleting text messages on orders from JD.

6/26 Stmt: SC said he went to Wendy’s with JD and CC.

6/30 Stmt: SC went to Wendy’s with JD, CC, CT and CT.

6/26 Stmt: SC gives information on only two defendants, JD and CC

6/30 Stmt: SC gives information on all four defendants.

6/26 Stmt: He does not mention Steve Lopez

6/30 Stmt: He mentions that he and others were at SL’s home from as early as 2:00 PM.

6/26 Stmt: Does not mention Casey Raymond

6/30 Stmt: Mentions Casey Raymond.

6/26 Stmt: He gets on Nathan by making a left off Overhill.

6/30 Stmt: He gets on Nathan by making a right on Nathan from Morris.

6/26 Stmt: No mention of going to the corner of Nathan and Fela and turning off car lights.

6/30 Stmt: Mentions going to the corner of Nathan and Fela and turning off car lights.

6/26 Stmt: JD knocked off glasses from the kid

6/30 Stmt: CJ knocked off glasses from the kid

6/26 Stmt: He does not mention seeing attack on Sinha family.

6/30 Stmt: He specifically identifies all four co-defendants He saw JD jumping and throwing a punch.

6/26 Stmt: He does not mention screams.

6/30 Stmt: He mentions hearing woman screaming.

6/26 Stmt: Did not mention Anthony Martino and Michael Martinaz.

6/30 Stmt: Details chasing AM’s car and call from MM.

The above discrepancies clearly indicate that SC lied to the Detective under oath.

CK also brought out that SC never asked others to get off his car, never went home and did not call 911 when he witnessed the attack on the Sinha family.

SC said that he turned off his lights because he did not want anyone to see the car.

What they were doing on Nathan? SC has said, they were amped up so they wanted to find some kids and F*** them up.

Defense Attorney, HA tried to prove that the Detective had all the information about others involved and the attack on Anthony Marino’s car when they interviewed SC as a witness and told him that he would not be arrested.  

HA argued that PM did this to win the confidence of SC to get incriminating statements from him.

PM’s assertion was that he did not have sufficient information on 6/26/10 and at that time SC was only a witness.

Witness Dr. Meredith Tinti:

She is a trauma surgeon in Emergency Care at Robert Wood Johnson Hospital in New Brunswick, NJ. She has license to practice in NJ and PA. She has been at this hospital for last six years. Her job is to perform surgery and provide surgical care to patients who have traumatic injury due to a car accident, assault, a fall, etc. that could be life threatening.

The State requested the Judge to recognize Dr. Tinti as an expert witness. With the consent of the defense, the Judge recognized Dr. Tinti as an expert witness in Medicine.

Here is the summary of her testimony:

Divyendu Sinha was brought to RWJ by ambulance at 3:20 AM on June 26, 2010. She had given permission to Raritan Bay Medical Center to transfer Divyendu Sinha to RWJ.

She had received medical history from  another hospital.

 Head to toe visual examination was done. It showed minimal brain activity. Level of consciousness, physical movement, pupil movement, normal gag reflex, etc. were absent. Blood Pressure was high but other signs were OK. X-Rays, Ultrasound and Cat scans were done. Ultrasound did not show any blood in stomach. Cat scan showed large bleeding of brain. 6 x7.4 cm. clot was seen. Brain had shifted two cms. To the left.

Catscan of neck, chest, bones, pelvic area, and abdomen showed no injury except slight pneumonia which is common in cases of unconsciousness as secretions go into lungs instead of stomach.

We provided supportive care, i.e., ventilator and monitoring of vital signs but no invasive procedure was done. I contacted the neurosurgeon because there was no brain activity.

Dr. Divyendu Sinha was declared dead at 4:00 AM on June 28, 2010. Death diagnosis was Traumatic Brain Injury.

To a question from CK, Dr. Tinti said that this was an expert opinion.

Defense had no questions for Dr. Tinti.

Witness Briana Amato:

She lives in Old Bridge with her parents, is 19 years old and is a freshman at Penn State College.

On 6/25/10, I was at a graduation party at 8 Amy Ct., Old Bridge. After I arrived at the party, JD called me twice, at 9:00 PM and 11:00 PM. He wanted to come to the party and I told him both the times that he could not come to the party. I did not know who he was with.

Witness James Sheehan:

Lives in Old Bridge, 17 years old, a junior in high school.

6/25/2010 was nothing unusual for me. I was contacted by the police on 6/28/2010. They had asked me my whereabouts on 6/25/2010. I was at Wendy’s. I saw SC at Wendy’s. I was not with James Genoea. Do not know JD, CJ, CT, CC. I walked home from Wendy’s. On being shown photographs of SC’s car, I have never seen that (SC’s) car. I never have been in any car with any of the defendants. I do not consider any of the defendants as my friend.

Witness James Joseph Genoea:

Lives in Old Bridge with his parents, 17 years old and a junior in high school.

06/25/2010- I do not remember that day. Detectives contacted me. I was at Wendy’s at 3:30 PM. I was not at Wendy’s with James Sheehan.

CK: Do you know the defendant? Vaguely; I have heard from others.

I know JD from school. CC from wrestling. I do not know CT and CJ.

I was not in defendant’s car on 6/25/10,

My sister picked me up from Wendy’s.Witness Ashley Cullaine:

Lives in Old Bridge, 18 years. Goes to Caldwell College.

On 6/25/2010 I was out of state for a week.

I know SC from Grammar school. I did not come in contact with SC on 6/25/2010. Three days after that 0n 6/28/10 I initiated the contact. I wanted to know if he were OK. I said, what the f*** happened? SC: Can’t even tell. (AC): I would like to know. (AC): Why are others not in jail or arrested? SC: I do not know.

HA: Did you know, JD, CJ, CT, CJ? AC: Yes.

Witness Derrick Pellegra:

Lives in Old Bridge, NJ. 17 years. Works in his father’s auto body shop as estimator. I know MM. Red Mazda Miata was damaged. I gave an estimate of repairing/replacing damaged parts. It was $2285.88. Estimates are created by a computer. MM did not get the car fixed.

— ———————————————————————————-Today, 04/26/2012 remaining three prosecution witnesses will testify. This should be done by 11:00 AM. Defense has only a few character witnesses. Summations by the attorneys and the Judge’s instruction in Law should be done by Friday afternoon at which point the Jury will start deliberation.

 We know that the whole society, Indian Americans as well as Americans are with her in her quest for justice.  Please also visit our web site www.divyendusinha.com; you may also leave your thoughts there.

You may also see newspaper reports at: http://www.nj.com/news/ search for Divyendu or Sinha.

Please attend the trial to show your support, forward this to your contacts and encourage them to attend the trial too.

Thank you.

Brotherly yours,

Gaurang G. Vaishnav

Vishwa Hindu Parishad of America (VHPA)

Indian American Defense League (IADL)

732-754-1727

 Blog at <http://vicharak1.wordpress.com/>, Twitter at<http://twitter.com/#!/vicharak1>

 Disclaimer: This is a synopsis of court hearing based on notes taken by me. Not all communications are captured and while I attempt to be as accurate as possible, there may be legal points that could have been missed or misinterpreted.- Gaurang 

Court Address, Directions and Parking Information:

Middlesex County Superior Court

56 Paterson Street, Fifth Floor (Judge Ferencz’s Court Room)

New Brunswick, NJ 08901-2014 

(732) 519-3200 ‎

Click for Directions

 The court is on the fifth floor. Look for the Judge Bradley Ferencz’s court room (Go to the Right from the elevator).

 Paid Parking (very reasonable rates) is available at several locations.

http://www.njnbpa.org/parking-locator

Ferren Deck on Church Street is most convenient, as you can access the court house by following signs (third floor) from the parking deck itself.

 For GPS and MapQuest directions to Ferren Deck, use

180 Church Street

New Brunswick, NJ 08901 or click here.

 (If you are coming off Rte. 18 and going South on Rte. 27, Turn left at light for Nelson St., then first right on Church St. Go through one traffic light and one stop sign and turn right into Ferren Deck parking. Access to the Court House is from the third floor with clear signage.)

 On street parking with meters is available but very difficult to find. For free on street parking, one has to walk several blocks; it is generally available on side streets off Livingston Ave., west of Suydam Street (15-20 minutes’ walk).

 If you care coming by train (NJ transit), it is only five minute walk from the New Brunswick station. (Across Rte. 27/French St., enter Feren Mall and go to third floor, follow signs for Middlesex Superior Court.)

 

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April 19-20-24, 2012-Divyendu Sinha Murder Case Trial Update-19

Divyendu Sinha_medium sizeApril 25, 2012

 Dear Supporters of Sinha Family and Community Members:

Namaste. Here is the summary of three days of trial (April 19, 20, 24) of Dr. Divyendu Sinha’s Murder Case.

    

          Dr. Divyendu Sinha (1961-2010)  

Remaining dates of the trial this week are: April 25, 26, and 27. Trial is likely to conclude on Friday.

Ashish Sinha, elder son of Divyendu and Alka Sinha is expected to testify tomorrow, Thursday.

Time is from 9:00 AM to 4:00 PM with one hour lunch break, usually from 12:30 PM to 1:30 PM. If you plan to attend, either arrive by 8:45 AM or 1:15 PM at court room #501.  Also keep 10 minutes for security check. Please call me at 732-754-1727 or send email to vicharak@gmail.com , if you are coming.

The attack on the Sinha family occurred on the night of June 25, 2010 around 11:20 PM. Dr. Sinha died of head injuries on June 28.

Attackers who were indicted by a Grand Jury are: Steven Contreras (SC) 18, Cash Q. Johnson (CJ), 18, Christian M. Tinli (CT), 19, Christopher Conway (CC), 18, and Julian C. Daley (JD), 17.

 While Steven Contreras is being tried separately, trial of the remaining four defendants will tentatively start on July 10.

Old Bridge.JPG                                 Inline image 1

     Mrs. Alka Sinha                                               Steven Contreras

Trial Day 3, Thursday, April 19, 2012

 

Judge:  Bradley Ferencz (BF)

Asst. Public Prosecutor: Christopher Kuberiet (CK)

Defense Attorney: Hassen Abdellah (HA)

Defendant: Steven Contreras (SC)

State vs. Steven Contreras           Prosecutor File #2010-2581        Indictment: 10-11-01628

Following Witnesses took stand and were cross examined.

1.     Dr. Junaid Shaikh (JS), Deputy Medical Examiner, Union County, NJ

2.     Anthony Martino (AM), Whose car was chased into a cul de sac and attacked by the defendants

3.     Michael Martinaz (MM), owner of the car attacked

4.     Shanon Andejar (AJ),  a neighbor of Martinaz

5.     Barbara Anderson (BA), a neighbor of Mr. Colleymore, whose solar light was damaged by the defendants

6.     Mr. Collymore (CO), whose solar light lantern was used as a projectile by the defendants

7.     Salvatore Lopez (SL), a friend of the defendants

Witness Dr. Junaid Shaikh (JS):

DR. Shaikh (JS) had performed autopsy on Divyendu Sinha as the Deputy Medical examiner of Union County.  Assistant Public Prosecutor, Christopher Kuberiet (CK) asked a series of questions to extensively display background and qualifications of JS. This brought out that:

JS had his medical schooling in Karachi Pakistan, he came to USA 1n 1982, has worked in Columbus, OH, Philadelphia, Baltimore, Newark and Union County in capacities ranging from Pathologist to Deputy Medical Examiner (ME). JS has performed as a ME in several counties of NJ, such as Essex, Passaic, Morris, Union, Middlesex, Monmouth, Salem, etc., though he is employed by the Union County because of his expertise. He has performed approximately 4000 autopsies. He has taught at UMDNJ and is a member of several prestigious national and international professional organizations.

In answers to CK’s questions, JS informed the court and the jury that a ME in forensic pathology works under state or county and has legal mandate to investigate cause and manner of death.

 CK: What is an autopsy?

JS: It is a medical and surgical procedure on a deceased in a laboratory environment. Hospital deaths are autopsied in hospital as there is no foul play suspected. Forensic pathology is more intense.

CK: How is an autopsy performed?

JS: An incision is made from ear to ear. Another one is made from shoulder to chest to abdomen. Photos are taken, reports are made and body fluid samples are taken.

CK: Why is it important to decide cause of death?

JS: It is required by the state to issue a death certificate. Death certificate is standardized all over USA. It can be signed only by a physician or a court. If there is no physician available then, it is the duty of the Medical Examiner.

Cause of death is determined based on local investigation, our investigation and medical charts.

There are five Manners of Death, Natural, Accidental, by Suicide, Homicide, Undetermined and sometimes “Pending further investigation. These are opinions based on information and may be modified.

CK: What is pathology?

JS: Pathology is a specialty of medicine; it is a non-clinical specialty. They work behind the scene in hospitals and perform biopsy, study body fluids, etc…

CK: What is Forensic Pathology?

JS: It is a sub specialty of Pathology. Whole purpose is to determine Cause and Manner of death.

CK: How often have you testified in court?

JS: 40 times in NJ.

At this point CK asked the Judge that the State wanted the court to recognize Dr. Junaid Shaikh as an expert Witness.

Judge, Bradley Ferencz explained to the Jury what an expert Witness was. While an ordinary witness can only testify in facts and cannot give an opinion, an expert witness can give opinion on matters which they are versed in. He further told the Jury that they were not bound by such opinion. Examine opinion; examine reasons given and credibility of the expert witness. He also cautioned the Jury that some photos of the autopsy would be shown; the Jury should not react emotionally and remain objective.

Then with no objection from the defense attorney, Hassen Abdellah (HA), the judge declared De. Junaid Shaikh as an expert witness.

JS described how autopsy is performed on the deceased,

The body is brought to the autopsy room in a sealed bag which is opened with the permission of the Medical Director in presence of the Law Enforcement Agent (LEA) and a Medical Assistant. X-rays may be taken. Clothes are removed.  Front and back are examined and objects (such as a bullet casing) are recovered. Evidence is given to the LEA. LEA also take photos during the autopsy. LEA’s presence ensures that it is not one person’s opinion.

CK: Your opinion on the death of Divyendu Sinha?

JS: Blunt Force Trauma (BTF) to the head. This was based on record of examination, LEA report and external and internal examinations.

There was injury to the tissues behind right temple.

CK: is that medical certainty?

JS: Yes.

Tissue samples were taken. Toxicology samples – blood and urine were taken. Report of toxicology exam did not impact the Blunt Force Trauma decision.

CK: How does BTF causes death?

JS: Any blunt object impact on skull/body causes injury. Contusion, abrasion or tear of tissue may happen. Deeper level injury and fracture can occur.

On Divyendu Sinha’s body there was BTF to the right temple.  There was contusion of tissue, skull was not fractured but there was injury to brain and brain substance. There was intraventicular hemorrhage. Instead of cerebral spinal fluid in the cavity, there was blood. Blood Is not supposed to be outside the brain. Inured vessels in the inner side of the brain cause bleeding inside the brain. This is an irritant to the brain and brain substance. Since the brain is inside a closed cavity, it cannot expand so it swells into the spinal canal. This causes further injury to the brain. This has a cascading effect. Herniation is any object moving out of its boundary. Neurosurgeon makes a hole opens the skull to relieve the pressure on the brain. When the brain herniates into the spinal canal, it becomes flat.

CK: Manner of Death of Divyendu Sinha?

JS: Homicide.

At this point CK projected five photographs taken during the autopsy of the brain, skull and scalp.

There was cerebral edema (swelling of brain.) Brain was flattened. For tissues to be viable there has to be blood supply otherwise it dies.

There was ½” contusion in the area under the skin behind right ear. There was hemorrhage here.

A single artery in the heart was blocked 70% Left ventricular had thickened.

Defense Attorney Abdellah (HA) had no questions.

Witness, Anthony Martino (AM):

Lives in Old Bridge and 20 years old, high school graduate.

This was the summary of his testimony: He was involved in a motor vehicle incident around 11:30 PM on the night of June 25, 2010. Prior to the incident I was at my good friend Michael Martinaz (MM)’s hose on Adelphi Court, Old Bridge. Besides two of them, there was Nicole Adams, MM’s girlfriend. I left his house to go get Valerie, a friend of Nicole. I took MM’s red Mazda Miata 2003.  When I was on Ticetown Rd., someone came behind me honking horn and flashing headlights. They were screaming. I could not see who and how many were in the car. I could not see what kind of car it was. I sped up and pulled up near 11 Stratford Dr. I rolled down my window a little and saw other car right behind my bumper. Five guys got out of the car. I did not know why they came after me. I knew Steven Contreras (SC), Cash Johnson (CJ) and Christian Tinli (CT) from 6th grade; I did not know Christopher Conway (CC) and Julian Daley (JD).

CK: Did you say anything to them?

AM: They started talking. CJ asked me to get out of the car. He asked me why I gave him a finger.

CK: Did you?

AM: No.

I said I am Martino. CC was repeating everything JD was saying. They tried to open my car’s door but it was locked. JD spat on my car. I drove out straight ton Stafford Dr. and turned right on Press Mill Rd. I wound up on a cul de sac. I turned around the car and they were there. A man was walking his dog; he grabbed his dog and rushed across the street. CJ was standing at the curb. Other four were standing blocking me. Nothing was said at this point.

I drove forward, CJ jumped on someone’s lawn. I went up the curb and as I came off, CC threw something on the car. I came off the cul de sac and turned left.

CK: Are you sure it was CC who threw something at your car?

AM: Yes because I saw him, my eyes were in front of his eyes. Thing he threw hit the hood and then windshield. Somehow I made my way to Valley Vale Dr. and got back to MM’s house a little after 12:00 AM. I parked the car in the driveway and told MM about what happened I gave him two names that came to my mind. I knew four of the guys.

MM called CT. I was not on that conversation.

CK: Did MM and CT have relationship?

AM: I did not know that they knew each other. CT was supposed to come to MM’s house but he did not. MM called the cops and we went at 2:00 AM to CT’s home. We got a call from MM’s father that cops had arrived. We knocked on CT’s door, his mother came out. We had conversation with CT. I asked him what was going on. He did not come out because he thought we were going to jump on him. His mother was not there at that time. Nicole was with us. We were back at MM’s house around 2:30 AM because cops had come. There was one officer. MM started talking with him first. Then I talked with him about where I was driving, who threw an object on the car, etc.

CK: How many people you identified to the police?

AM: Four- JD, SC, CT, CJ.

Police officer said he would keep in touch. All friends came to see the damage to the car. CT gave us name of CC. We wanted to go to CC but it was late. I talked to CT to identify CC through Facebook. I matched up CC’s picture from the Facebook.

I gave police a statement I did not give further information or more names to the police.  CT had said that he saw three Indian people throw a bottle at the car. I did not have any further contact with any of the defendants.

Witness Michael Martinaz (MM): He was the owner of the damaged car. He talked about how he allowed his friend AM to take his car to fetch his girlfriend’s friend on the night of 6/25/10, how AM did not tell him at first about what happened and the damage to his car. This was contrary to what AM had deposed.  He talked about having a conversation with CT. How they went to CT’s home to talk about the damage to the car. It also came out in the cross examination that soon after this incident, in July of 2010, MM was arrested for insurance fraud. His reasoning was that after losing his job, he could not make payments on his sports car which was registered in his father’s name and he did not want his father to know about the situation so he had filed a false claim. He was sentenced to two years’ probation for that crime.

Witness Shanon Andejar (AJ):  This is the person who lives on Press Mill Rd. who was walking his dog on the night of 06/25/10. He had witnessed AM driving car in the cul de sac and turning. He had picked up his dog and crossed over to his home on the other side of the road. He saw the defendants coming out of the car and standing at the entrance to the street. His recollection of number of people was at variance with accounts of other witnesses. He said he heard a bang (presumably when an object was thrown at AM’s car) but his back was to the car so he did not know who threw what.

Witness Barbara Anderson (BA):  Barbara and her husband were walking with their dog on 6/27/2010 on Press Mill Rd., when they saw the broken solar lantern on the other side of the road which they know belonged to Mr. Collymore since their dog had damaged one of the lanterns on Mr. Collymore’s lawn in the past which she had offered to pay for. They rang the bell of Mr. Collymore’s home, did not get any response so left the lantern and loose pieces on the steps leading to the house. She further stated that as they were returning home, they met Mr. Kollymore to whom they told about the lantern.

She wanted to talk about her conversation with her son (who I later found out in personal conversation was on the Emergency response team that went to assist Divyendu Sinha) but the Defense attorney did not allow her to do so.

Witness Mr. Collymore (CO):  This was the gentleman whose lantern was damaged. His recollection of the event was different than his neighbor, Barbara Anderson. He said that he had gone to Philadelphia for the weekend and upon his return on Sunday, he found the broken lantern on the grass near his mailbox.

Witness Salvatore Lopez (SL):  He is a friend of the defendants. He verified that JD, CC, CT and SC were at his home on 6/25/10 for three hours and that he went to Grisham School with them (in his own car.) His testimony will continue tomorrow.

Trial Day 4, Friday, April 20, 2012

 Following Witnesses took stand and were cross examined.

1.     Witness Salvatore Lopez (SL) continued from yesterday

2.     Witness Ravi Sinha (RS) Alkabahen’s younger son, age 14

3.     Witness Sargent Paul Miller (PM)

Lopez’s Facebook conversations with Julian Daley were discussed. Also he testified about the strength of Julian Daley and Christian Tinli. Both of them could lift 450 lbs. and bench-press 300 lbs. Initially Lopez had lied about this but the prosecutor confronted him with a statement he had given to the police.  It seems that this point was made to establish use of deadly force when Christian Tinli punched Divyendu Sinha on the right temple.

In reply to First Assistant Prosecutor. Christopher Kuberiet’s several questions, Ravi described in detail the events of the fateful night of June 15, 2010. When the prosecutor asked him how do you remember June 15, 2010 (a standard question asked to almost all witnesses), his answer was – it was the worst day of my life because my father was killed.  He described how the attackers came, how first only one person came to them and punched Divyendubhai, how he ran back to where other three guys were standing, then, how they all came back and punched and kicked Divyendubhai and also himself. How he fell to the ground and his glasses were thrown a distance, how he momentarily passed out from a kick in the back of his head, how he saw his father slumped and how his speech was slurred. He mentioned how he called his friends’ father, a doctor living close by for help, how he called 911.  An audio tape of 911 call was played for the jury.  He also identified the defendant’s car as a dark sedan.

To a question, if he tried to run away from the assailants, he said, not with my parents and brother being there.

Ravi was composed and articulate. He stood his ground against the defense lawyer’s barrage of questions and imputations. Defense lawyer tried to emphasize that in the dark of the night, he could not have seen things clearly, but Ravi countered it by pointing out that there were street lights where the assault occurred.

He was followed by Sargent Paul Miller, the Middlesex County detective who investigated the case from the beginning and who arrested the defendants.  He described the steps that he took to investigate the crime and apprehend the culprits. He detailed how he went to the homes of Steven Contreras, Julian Daley, Christopher Conway and Christian Tinli to get the information. He talked about how he and Detective Greg Morris brought in Steven Contreras to the Police headquarters as a witness on 6/26/2010, how they brought him back for more questioning on 6/30/2010, now as a suspect and how they arrested him from his work place on July 1, 2010. Mr. Miller also talked about information gathered on Christian Tinli and his arrest form his workplace (Same as that of Steven Contreras).  He played audio tape of Contreras’s first statement to the police and showed surveillance video from Wendy’s for the night of 06/25/10.

Paul Miller’s  testimony will continue on Tuesday.  Prosecution will screen a video statement of Steven Contreras, where he implicates the four defendants.

Trial Day 5, Tuesday, April 24, 2012

 Witness Sargent Paul Miller’s testimony and cross examination continued throughout the day.

One hour long Videotaped statement of the defendant Steven Contreras (SC) was played for the Jury.

The video tape showed a relaxed SC accompanied by his father. He was read his rights. SC described at length chronology of events on the night of June 25, 2010. Starting with him going to CJ’s home at 2:00 PM, then picking up JD and going to SL’s place at 4:00 PM, friends gathering there and staying there till 8:30 PM, then someone buying malt liquor for them at Ticetown Liquors before they proceeded to Grisham School to drink. SC did not drink. He was the driver of the car. They proceeded to Wendy’s, stayed there for about an hour. SC wanted to return home. On the road, he was cut off by a red car so he got angry and he beeped at the other car. Everyone in his car got heated and were looking for a fight. JD was buzzed but not drunk. CJ was fine. CC was perhaps the most affected- he kept talking.

SC kept beeping; JD and CC kept saying pull over, pull over and pop off (carry on verbal argument.) He followed the car to Stratford Dr. and got out of the car with others. JD confronted the driver (AM) for the obscene gesture but CT had gone to the car and realized that the driver was a friend. CC faked jumping the driver from outside the car. Then AM took off. JD said he knew exactly where the car had gone, we followed, I saw the car and passed it and then turned around. It was a dead end, I parked the car. As the other car was coming out from the dead end, JD threw something at the car which shattered the windshield.

PM: Did you block the entrance to the dead end street? SC: Yes.

PM: You blocked the entrance so your friends can beat the s**t out of AM? SC: Yes.

Then someone called CT and he goes- it is my friend’s car. He is saying sorry on the phone. We guys are still heated up. We drove up to Nathan; JD said let us pop someone up. I see some kids. CC says let us go see these kids. I turn the car. I see two friends near front porch of Dan’s home. I said let us go meet Dan. They said no, let us go see kids. I pull over the car near the guard rail. We all get out. We crossed the street. I said I do not feel good about this. I went to the car, started the car. I could not see them; I went to the corner (drove the car) and turned my lights off. At that time they were already with the kids. I saw JD’s white shorts. CT had taken his shirt off in the car. I saw JD jump (because of his white shorts) so he must have punched the guy.

SC also surmised that JD and CT attacked the man (Divyendu Sinha.) CJ smashed the little kid (Ravi Sinha.) CC punched some other person (Ashish Sinha.)

One of the guys had said, there are three dudes and a chick. I heard the woman screaming No, NO, Stop. That changed the whole thing for me.

Then they came back running. They climbed in the car and said go, go go.

At this point, SC described how JD and CC were boasting about the assault and how CJ kept saying that he has smashed a kid’s glasses off. How CT kept saying how his little finger hurt. JD told everyone not to say a word about this to anyone. They were all laughing. Then SC dropped everyone at their homes.

Later JD contacted him by phone/text telling the cop was at his home and he had told the cop that he was at Wendy’s and then came home. He asked SC to use the same story.

After the video was played, Sargent Paul Miller (PM) took the stand. First Assistant Public Prosecutor, Christopher Kuberiet (CK) went over several evidences, including the damaged solar lantern that was thrown at the car, cell phones and computers of the defendants that were seized from their home, photographs of the crime scene, etc.

PM described the process followed to get an arrest warrant, search warrant and then permission to study and analyze the seized computers and cell phones. How the records were obtained from the phone companies and Facebook as well as a surveillance tape from the Wendy’s.  He meticulously laid down the framework of investigation that resulted in the arrest of the five defendants.

Then Defense Attorney, HA started PM’s cross examination. He challenged PM’s statement that there were inconsistencies between SC’s statement on June 26, 2010 and June 30, 2010. He harped on almost every line of PM’s video interview of SC trying to prove that SC was consistent and truthful, that PM trapped his client that though PM knew that SC was suspect from the beginning he didn’t tell him so on June 26 to win his confidence. He further stressed that the investigators were allowed to lie legally and implied that that is what PM did.

His line by line interrogation of PM gave impression that instead of putting his own client on the stand, he was achieving the same by having PM confirm every statement of SC on the stand. He was selective in picking the liens from the statement and he would not let PM refer to the context. There were many tense moments and testy exchanges between HA and PM and between HA and CK. There were several sidebars (where the judge calls both the lawyers on the side and confers with them.)

The cross examination did not finish today. It will resume tomorrow, April 25.

We know that the whole society, Indian Americans as well as Americans are with her in her quest for justice.  Please also visit our web site www.divyendusinha.com; you may also leave your thoughts there.

You may also see newspaper reports at: http://www.nj.com/news/ search for Divyendu or Sinha.

Please attend the trial to show your support, forward this to your contacts and encourage them to attend the trial too.

Thank you.

Brotherly yours,

Gaurang G. Vaishnav

Vishwa Hindu Parishad of America (VHPA)

Indian American Defense League (IADL)

732-754-1727

 Blog at <http://vicharak1.wordpress.com/>, Twitter at<http://twitter.com/#!/vicharak1>

Disclaimer: This is a synopsis of court hearing based on notes taken by me. Not all communications are captured and while I attempt to be as accurate as possible, there may be legal points that could have been missed or misinterpreted.- Gaurang

 

Court Address, Directions and Parking Information:

Middlesex County Superior Court

56 Paterson Street, Fifth Floor (Judge Ferencz’s Court Room)

New Brunswick, NJ 08901-2014

(732) 519-3200 ‎

Click for Directions

The court is on the fifth floor. Look for the Judge Bradley Ferencz’s court room (Go to the Right from the elevator).

Paid Parking (very reasonable rates) is available at several locations.

http://www.njnbpa.org/parking-locator

Ferren Deck on Church Street is most convenient, as you can access the court house by following signs (third floor) from the parking deck itself.

For GPS and MapQuest directions to Ferren Deck, use

180 Church Street

New Brunswick, NJ 08901 or click here.

 (If you are coming off Rte. 18 and going South on Rte. 27, Turn left at light for Nelson St., then first right on Church St. Go through one traffic light and one stop sign and turn right into Ferren Deck parking. Access to the Court House is from the third floor with clear signage.)

On street parking with meters is available but very difficult to find. For free on street parking, one has to walk several blocks; it is generally available on side streets off Livingston Ave., west of Suydam Street (15-20 minutes’ walk).

If you care coming by train (NJ transit), it is only five minute walk from the New Brunswick station. (Across Rte. 27/French St., enter Feren Mall and go to third floor, follow signs for Middlesex Superior Court.)

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April 18, 2012- Dr. Divyendu Sinha Murder Case Trial Update- 18

Dear Supporters of Sinha Family and Community Members:

Namaste. Here is the summary of 2nd day of trial of Dr. Divyendu Sinha’s Murder Case.

 This week there are three court dates: April 19 and 20 (Thursday, and Friday).

Next week Trial dates are: April 24, 25, 26, and 27 (Tuesday to Friday.)

Dr. Divyendu Sinha’s younger son, Ravi is expected to take stand on Friday, 4/20.

Time is from 9:00 AM to 4:00 PM with one hour lunch break, usually from 12:30 PM to 1:30 PM. If you plan to attend, either arrive by 8:45 AM or 1:15 PM at court room #501.  Also keep 10 minutes for security check. Please call me at732-754-1727 or send email to vicharak@gmail.com , if you are coming.

The attack on the Sinha family occurred on the night of June 25, 2010 around 11:20 PM. Dr. Sinha died of head injuries on June 28.

Attackers who were indicted by a Grand Jury are: Steven Contreras 18, Cash Q. Johnson, 18, Christian M. Tinli, 19, Christopher Conway, 18, and Julian C. Daley, 17.

While Steven Contreras is being tried separately, trial of the remaining four defendants will tentatively start on July 10.

 Trial Day 2, Tuesday, April 17, 2002

 The trial started late at 9:40 PM as one juror was delayed in traffic and one juror expressed inability to continue because of personal issues unrelated to the case.  An Alternate Juror had to be sworn in.

Judge:  Bradley Ferencz (BF)

Asst. Public Prosecutor: Christopher Kuberiet (CK)

Defense Attorney: Hassen Abdellah (HA)

Defendant: Steven Contreras (SC)

State vs. Steven Contreras           Prosecutor File #2010-2581        Indictment: 10-11-01628

 

old-bridge-teens-tried-adults-sinhajpg-fdb9eff374f9bf9a_large.jpg

Dr. Divyendu Sinha (1961 – 2010)

 

Old Bridge.JPG                           Inline image 1

                                             Mrs. Alka Sinha                                      Steven Contreras

 

Following Witnesses took stand and were cross examined.

1.  Carmen Marino (CM), a friend of Steven Contreras (SC)

  • 2. Dr. Jamie Uy (pronounced Wee), (JU) a neighbor of Sinha family

  •       

  • 3. Patrol Officer, Timothy Snee (Frist Responder) (TS)

  • 4. Police Officer Kryzenski (KK)

  • 5. Casey Raymond (CR), a friend of one of the accused, Julian Daley who was with all the defendants behind the school and at Wendy’s

  •      

  •  

  • 6. Denise Bruno (DB), Registered Nurse in the Emergency Room at Raritan Bay Medical Center (RBMC), Old Bridge

  • .      

  • 7. Dr. Korapati Reddy (KR), Emergency Room Physician at Raritan Bay medical Center, Old Bridge

  •      

  •  

  • 8. Joseph Suozzo (JS), next door neighbor of Sinha family

Witness Carmen Marino:

Carmen Marino lived in Old Bridge at the time of this assault. He is friends with all the defendants and went to school with them. He is a childhood friend of SC.

He had a number of text message and phone conversions with SC the night of the attack and the day after. However, he was evasive about what he knew about the deadly assault on Divyendu Sinha. He claimed that he had no firsthand knowledge of the attack and that he never discussed it with SC. However, his very first text message to SC was – You did good that you did not rat on others. He also said that SC was remorseful. Assistant Public Prosecutor, Christopher Kuberiet (CK) asked him if SC was remorseful for what had happened to the Sinha family or because of the trouble he was in.

He could not explain it. His standard response to several questions from CK was, I do not remember and I do not know why I wrote that.  It was clear that he was coached to lie and present SC as a sweet, good person.

Defense Attorney Abdellah (HA):

Was SC was remorseful for what happened and that he could not do more to stop his friends (from attacking)? CM answered in affirmative.

Though there are a number of calls, some of them may not have been answered.

Being a bystander is not a crime.

Witness, Dr. Jamie Uy:

CK asked about his qualifications. JU lives at 31 Fela Dr. since 1997, three houses down from Sinha family. He is an MD, working as anesthesiologist at New York Methodist Hospital in Brooklyn. I have been practicing since 1982. His two sons are close friends of Ashish and Ravi, Divyendubhai’s sons.

CK asked him if he remembered June 25, 2010.

JU- Yes, very clearly. My son Chase, got a call from Ravi, Sinha’s younger son. It was an urgent call, so my son and  I ran in my pajamas to the corner of Raven and Fela. Not knowing what kind of emergency it was and knowingDivyendu was diabetic, I grabbed a pack of juice. I was there in 30 sec. – one minute.

CK: What did you see?

I saw that Alka was sitting on the curb and Divyendu’s head was on her chest with her arms around him. Divyendu was slumped towards left and he appeared very lethargic. I heard the story as I spoke to Alka. I knew it was a neurological problem, not diabetic when I asked Divyendu and he was incoherent and his speech was slurred. His breathing was shallow. I checked his pulse on the left hand; it was OK. His left arm was weak. In my mind, it was some sort of a neurological issue. I conclude it was not a hemorrhagic shock. I called 911 and told them that I was a doctor. I do not remember whose phone it was. My wife’s car was only 20 feet away and running so I told them that if they could not come fast, I could take Divyendu to the hospital. I so not know who came first, the Police or the EMS.

Alka and I were trying to keep Divyendu awake. He was closing his eyes. He was slurring so I could not  understand, unless it was a Hindi word. He was drooling on the left side.

I told Alka to go to Raritan Bay Medical Center (RBMC) as it is only mile and a half from our street. They interviewed Divyendu and took him in the ambulance. I told my wife to bring Ravi (younger son) to our home so he could sleep at our home. One of Mrs. Suozzo’s sons, Andrew was there. Ashish was with him. Suozzos live next door to Sinhas.

I rushed home, changed and went to RBMC to be with Alka and Divyendu.

CK: What did you see?

JU: I saw a significant deterioration in Divyendu’s condition. If I were to guess he was an 8 or 10 on Coma scale.  (3 is the worst condition indicating deep unconsciousness and 15 is the normal condition- GGV from Wikipedia.) His eyes were closing, no verbal response and no limb movement- he was near coma.

At RBMC, I observed that nurse was giving him medicine to stabilize his blood pressure; I informed the nurse that there was increasing intra-cranial pressure. He was heading towards cardiac arrest so they incubated him with ventilator breathing.

Then, they were arranging to transfer him to Robert Wood Johnson (RWJ) hospital in two to three hours. I stayed with them till they left for RWJ then went home to freshen up and rushed to RWJ.

CK: What did you see?

JU: Divyendu was on mechanical ventilation. He was not moving, probably under sedation. I was there to support Alka. Things at RWJ were moving slowly, I talked with an intern and knowing I was a doctor, he showed me Divyendu’s catscan. There was a 9×6 cm., fist size hemorrhage in the middle of the brain. There was a shift in the brain’s position.

Defense (HA): When you rushed to Divyendu Sinha, you did not take your medical bag with you? JU: No.

HA: You did not take a flash light with you to check his eye movement? JU: No.

HA: You took juice for Divyendu because you knew Divyendu was diabetic? JU: yes.

HA: Did you ever treat Divyendu for Diabetes? JU: No.

HA: You did not give any medical treatment to Divyendu at RBMC, right? JU: No, I didn’t. I do have privileges at RBMC.

HA: You should know medical history before giving medicines, right?  JU: Yes.

HA: Was Divyendu incoherent? JU: Probably.

HA: You could not understand Divyendu because he spoke in Hindi? JU:  He was speaking in single syllables (with slurred speech) , so I could not understand him.

Witness Patrol Office Timothy Snee (TS):

  Contreras trial

Mr. Kuberiet with the Police Officer

Courtesy: Patti Sapone/Star Ledger

 With Old Bridge Police Department for last seven years. In Law Enforcement for 13 years.

On June 25, 2010, he was on 10 PM to 6 AM shift. At 11:42 PM he received a dispatch. He was about three miles from the scene of attack in uniform and in a marked car. I drove without siren as I was given description of the suspect’s car- a dark color Honda or Toyota.  I did not see it. It took me six to seven minutes to reach the scene. As I was pulling in, EMS came in.

CK: What did you see?

TS: I saw a group of six-seven people at Raven and Fela. Mr. Sinha was lying in the street with his wife holding him up. I asked what had happened directly to Mr. Sinha. He did not respond. There was no expression on his face. He had swelling and bruising on the right side of his face and he was drooling. I did not observe any injuries on Alka Sinha. His son, Ashish answered my question. He described that three African American and one White person followed them; they ignored those persons. They (pretended) to ask a question and then started punching them. Ashish described the car. Ashish said he was punched on the left side but bruise was on the right side. There was blood from his mouth. Ravi was hit on the back of his head.

Ashish recognized one of the attackers as Julian Daley (JD). They were in the same school.

CK: How much time passed between the time you came to the crime scene and you got JD’s name?

TS: 12 minutes. I went to JD’s house at 27 Morningside Dr., which was 1.2 miles from Raven and Fela.

JD opened the door. I asked him where he was. He said that he was at Wendy’s before coming home. JD identified drive of the car as Steve (without last name), a Hispanic. He said that SC lived in South Old Bridge, 6 miles from Fela Dr. JD said that the car was 4 door blue Honda. Then I asked for his parents and they came down. I informed them that their son was identified as one of the attackers, that there would be a follow up and he might be arrested.  I spent about 10 to 15 minutes at JD’s house.

CK: Were you aware of Divyendu’s condition?

TS: No, I was not.

Then I went to Adelphi Court where officer Krezincky (KK) was investigating a criminal mischief with a motor vehicle. I saw a red vehicle with a damaged hood.

Based on KK’s description of the incident, I was able to identify other attackers. I was able to connect the two incidents. Originally they had attacked the (red) car but the driver was able to escape and they continued to assault the others.

That car was driven by Anthony Martino (AM) and was owned by Mr. Martinaz. It was KK’s job to follow up on this.

JD was not cooperative. He was not under the influence of anything.

Defense (HA): Who gave you the description of the car? TS: Dispatcher, not Sinha family.

CK: How did the dispatcher know car’s description?

TS: Through 911 call.

Contreras trial

Asst. Public Prosecutor, Christopher Kubereit, Judge Bradley Ferencz and Defense Attorney, Hassen Abdellah

(Courtesy: Patti Sapone/Star Ledger)

Witness Police Officer Kerensky (KK):

 KK is with Old Bridge Police Department for last nine years. Before that he was with Piscataway Police for 10 years.

On June 25, 2010, KK was on 4:30 PM to 2:30 AM shift. He was in a marked police car and in uniform.

At 12:08 AM he was dispatched to Mr. Martinaz’s home on a complaint from AM. It was a 2003 Mazda Miata. I called Officer TS because I thought these incidences were connected as names of Julian Daley, Christian Tinli and Chris Conway were common in both the incidences. AM confirmed that Chris Conway had thrown the object at the car.

Defense (HA): You could not see the damage to the car at night, right?

KK: No, I could. I had my flash light.

Witness Casey Raymond:

Lives at 15 Valley View Dr., Old Bridge with her parents. She is 17 years old and is in the 11th grade.

On June 25, 2010 at 9:30 PM she went to Grisham School there were four of her girlfriends. She had walked to the school. At that time none of the boys were there. The defendants came after 15 to 30 minutes. Saul Lopez was there but he left after a while.

Julian Daley, Chris Conway, Cash Johnson and Steven Contreras were there. They had made plans to meet there. She had known JD for a year and others for lesser time.

CK: What happened then?

CR: The boys were drinking.

CK: Did you drink?

CR: No.

CK: Did SC drink?

CR: No, he was driving.

CK: How long they were drinking?

CR: about 15 minutes.

CR: Some of us walked back, some went with SC.  I overheard Christian  Tinli and Cash Johnson. It was about fighting someone. Christian Tinli wanted to mess somebody up. He said, he wanted to F.. Somebody up. I was four to five feet away from them. SC, JD and CC were not nearby.

SC, JD, CT and I left in SC’s car and went to Wendy’s. I was inside for about 10 minutes. I was sitting next to JD. Five boys were drinking between 11:10 and 11:20 PM.

JD, CT, CJ, CC left with SC. I did not see which way they went as they did not stop to say goodbye.  I left at 11:45 PM and walked home.

CK: Did you see them that night again? CR: No.

At 11:50 PM I received a Text message from JD. I got a call from Nicole, Michael Martinaz (MM)’s girlfriend. MM is my neighbor. I went over there. I saw the car. It had a hole in its hood and windshield was cracked. Then I texted to JD (because Christian Tinli was with him) asking him what had happened?

JD had asked me for MM’s telephone # before I went over there. After coming home, I texted JD asking what had happened? He did not respond.

Defense (HA): She spoke with police on June 29, 2010.

SC did not say beat, murder someone, right? CR: Right.

Was SC polite, courteous? CR: yes.

HA: Did you feel intimidated by the 26 page document given to you (her interview with the police on June 29, 2010)?

CR: No, I did not.

There was a testy contention on the use of word rambunctious (boisterous). CK insisted that it was used by CR in her interview to describe the defendants. HA insinuated that she never used that word and that police had put it in her mouth. Eventually, it became clear that CR indeed had used that word on her own.

Witness Dennis Bruno:

 He is a licensed RN at RBMC. He was on duty on the night of June 25/26. 2010.

Divyendu Sinha was brought by ambulance at 12:10 AM.

CK: Did you receive his medical history?

DB: I received it after the EMT put him in hospital bed.

CK: What was his condition in your assessment?

DB: He could not move. His eyes could not look. His pupils did not respond to (light). He was attaché to Oxygen, IV and heart monitor. His blood pressure was 199/91, heart rate 79 and blood sugar was 282.  It was a Cod e Stroke.

CK: What is Code Stroke?

DB: Code Stroke gets priority for catscans, X-rays,  blood and urine work for a potential of stroke.

I noticed Dr. Reddy. Patient was throwing up; there were signs of decreased consciousness. We raised his bed to 30 degree angle to promote drainage. I gave blood pressure medication.

We arranged for transportation to RWJ hospital.

Triage nurse had taken medical history of Mr. Sinha.

CK: You had no firsthand knowledge of what had happened at Fela Dr.?

DB: No, I did not.

DB: At 1:15 AM, Divyendu became unresponsive.

Defense had no questions.

 Witness De. Korapati Reddy:

 Physician at RBMC. Has license in NJ for last 14 years.  Practicing medicine for more than 30 years. He is ER Physician. Treats on average 20 patients in one shift in ER.

On the night of June 25/26, 2010, he was on 7:00 PM to 7:00 AM duty.

At 12:05 AM, the triage nurse triaged Divyendu first. She took his vital signs, medical history and assigned him a proper bed. Patient’s wife gave details of medical history. Divyendu was lethargic and incoherent- I could not get information from him.

I ordered Catscan, X-ray and EKG and complete lab.

There was paralysis of the left side.

CK: How is it determined?

KR: You have no power on that side of the body.

KR: EKG and Lab were normal. But patient’s condition had deteriorated.

Catscan of brain revealed six mm. midline shift 9large amount of blood moves brain to the opposite side, i.e., to the left.)

JFK Medical Center (Edison) declined to take the patient based on his condition. I spoke with Dr. Tinti at RWJ, She agreed to take the patient.

My preliminary diagnosis was intra-cranial bleed contusion on the right side and left hemophagia (left paralysis.)

CK: Was there risk involved in transferring the patient to RWJ?

KR: Yes. It could get worse or even cause death.

Defense had no questions.

 Witness Joseph Suozzo:

 Lives at 23 Fela Dr. (next door to Sinha family). 18 years old, a senior in high school.

Had no personal knowledge of the incidence. He knows JD from 7th grade, CJ from 5th grade, CC since 7th grade and CT from 8th grade. More friendly with CC and JD. He was on the same wrestling team with CC. Played football with JD. CC and JD have been to his house a couple of times but never in presence of Sinha family members.

Defense had no questions.

 We know that the whole society, Indian Americans as well as Americans are with her in her quest for justice.  Please also visit our web site www.divyendusinha.com; you may also leave your thoughts there.

You may also see newspaper reports at: http://www.nj.com/news/index.ssf/2012/04/tearful_widow_of_old_bridge_ma.html and

Please forward this to your contacts and encourage them to attend the trial.

Thank you.

Brotherly yours,

Gaurang G. Vaishnav

 Vishwa Hindu Parishad of America (VHPA)

 Indian American Defense League (IADL)

732-754-1727

Blog at <http://vicharak1.wordpress.com/>, Twitter at<http://twitter.com/#!/vicharak1>

 Disclaimer: This is a synopsis of court hearing based on notes taken by me. Not all communications are captured and while I attempt to be as accurate as possible, there may be legal points that could have been missed or misinterpreted.- Gaurang

 

Court Address, Directions and Parking Information:

Middlesex County Superior Court

56 Paterson Street, Fifth Floor (Judge Ferencz’s Court Room)

New Brunswick, NJ 08901-2014

(732) 519-3200 ‎

Click for Directions

The court is on the fifth floor. Look for the Judge Bradley Ferencz’s court room (Go to the Right from the elevator).

Paid Parking (very reasonable rates) is available at several locations.

http://www.njnbpa.org/parking-locator

Ferren Deck on Church Street is most convenient, as you can access the court house by following signs (third floor) from the parking deck itself.

For GPS and MapQuest directions to Ferren Deck, use

180 Church Street

New Brunswick, NJ 08901 or click here.

 (If you are coming off Rte. 18 and going South on Rte. 27, Turn left at light for Nelson St., then first right on Church St. Go through one traffic light and one stop sign and turn right into Ferren Deck parking. Access to the Court House is from the third floor with clear signage.)

On street parking with meters is available but very difficult to find. For free on street parking, one has to walk several blocks; it is generally available on side streets off Livingston Ave., west of Suydam Street (15-20 minutes’ walk).

If you care coming by train (NJ transit), it is only five minute walk from the New Brunswick station. (Across Rte. 27/French St., enter Feren Mall and go to third floor, follow signs for Middlesex Superior Court.)

 

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Dr. Divyendu Sinha Murder Case Update on start date of first trial

April 12, 2012

Dear Supporters of Sinha Family and Community Members:

Namaste.  The latest update on the case: Jury selection is under way. It started on April 10 after 1:30 PM. From the initial pool of 75 persons, the defense attorney and the Assistant Public Prosecutor have selected 40 persons on the first day. Yesterday another batch of prospective jurors was brought in. There is a questionnaire with more than 70 questions, answers to which determines eligibility of a person to be on the Jury.

It is expected that the Jury selection (14 persons) will be competed sometime today. The trial would start on Friday, 4/13 if the Jury is in place today. Otherwise, it will start on Tuesday, 4/17.  We will update our web site<divyendusinha.com> as soon as we get the word of Jury selection from the Assistant Public Prosecutor. Please check this website daily for latest information on the case. We will also announce on twitter at <http://twitter.com/#!/vicharak1>. 

     old-bridge-teens-tried-adults-sinhajpg-fdb9eff374f9bf9a_large.jpg

Dr. Divyendu Sinha

 Any one of us could have been in place of Dr. Sinha.  He was just taking a walk after dinner with his family, as many of us do.  The attack on him was unprovoked.  We must do all we can to make sure acts like this never happen again.  Your support during the trials is an important step in making this happen.  Democracy is about numbers, it is about public participation.

We all must show our support and let our voices be heard.  Dr. Sinha’s family deserves justice and all of us deserve a safe and secure place to live and raise our children.

So, what can you do to show your support?  Please take the time and attend at least a day of the court hearing.  Since Alkabahen Sinha will be testifying on the first day of the trial (4/13 or 4/17), we need maximum number of supporters to attend the trial that day.   We are also looking for around 10 persons who will attend the trial every day (Tuesday through Friday). The trial is expected to last from two to three weeks. There will be no hearing on Mondays and also there will be no hearing on Wednesday, April 18.

                                                                                           IMG_1440.JPG

                                                                                       Dr. Divyendu & Mrs. Alka Sinha

 The trial time is from 8:30 AM to 4:00 PM with two short breaks and one hour lunch break. The space is limited to about 45-50 people. There will be supporters of the defendant and media people, so coming early enough, say by 8:15 AM would increase your chance of finding a seat. There may be a closed circuit TV in another room; we are looking into that possibility. Allow extra time for going through security check.  Please let us know in advance, if you plan to attend. Please send your name, phone number, email address, town, date(s) and time period(s) when you will be attending.

Judge: Bradley Ferencz 

Assistant Public Prosecutor: Christopher Kubereit

 Defendant                              Attorney

Steven K. Contreras            Hassen I. Abdellah

(These four defendants will be tries together. Tentative trial date is July 10.)

  1. Christopher Conway            Steve Altman              
  2. Julian C. Daley                   Mitchell Ansell
  3. Cash Q. Johnson                William Fetky
  4. Christian M.Tinli                (Attorney Kufos is no longer representing as he is imprisoned                 after conviction for drunk driving.)

The trial will be held in Superior Court in New Brunswick, NJ.  Address, driving directions and parking information are given below as well as posted on the website <www.DivyenduSinha.com>.

Please forward this to your contacts and encourage them to attend the trial.

 Thank you.

 Brotherly yours,

Gaurang G. Vaishnav

 Vishwa Hindu Parishad of America (VHPA)

Indian American Defense League (IADL)

732-754-1727

Facebook <http://www.facebook.com/vicharak1>, follow Vishwa Hindu Parishad of America at <VHPAmericas@twitter.com>
 

Court Address, Directions and Parking Information:

Middlesex County Superior Court

56 Paterson Street, Fifth Floor (Judge Ferencz’s Court Room)

New Brunswick, NJ 08901-2014

(732) 519-3200 ‎

Click for Directions

The court is on the fifth floor. Look for the Judge Bradley Ferencz’s court room (Go to the Right from the elevator).

 

Paid Parking (very reasonable rates) is available at several locations.

http://www.njnbpa.org/parking-locator

I find Ferren Deck on Church Street most convenient, as you can access the court house by following signs (third floor) from the parking deck itself.

For GPS and MapQuest directions to Ferren Deck, use

180 Church Street

New Brunswick, NJ 08901 or click here.

 (If you are coming off Rte. 18 and going South on Rte. 27, Turn left at light for Nelson St., then first right on Church St. Go through one traffic light and one stop sign and turn right into Ferren Deck parking. Access to the Court House is from the third floor with clear signage.)

On street parking with meters is available but very difficult to find. For free on street parking, one has to walk several blocks; it is generally available on side streets off Livingston Ave., west of Suydam street (15-20 minutes walk).

If you care coming by train (NJ transit), it is only five minute walk from the New Brunswick station. (Across Rte. 27/French St., enter Ferren Mall and go to third floor, follow signs for Middlesex Superior Court.)

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Dr. Divyendu Sinha Murder Trial- TV Asia Interview on April 10th

April 10, 2012
 
Dear Supporters of Sinha Family and Community Members:
 
Namaste. Those in New Jersey may have seen Alkabahen Sinha’s interviews in the Star Ledger and Home News Tribune (Reproduced below.) Many of you may have seen front page article on the upcoming trial in India Abroad.
 
Yesterday, TVAsia had a brief interview of Mrs. Manisha Muzumdar, a close friend of Alkabahen and myself. This will appear in TVAsia’s Community Round Up program today (April 10) at 10:30 PM EDT 97:30 PM West Coast) and again on Community Round up on April 11 at 7:30 PM EDT.
                         
                                                                       Divyendu Sinha_medium size                                                                                     
                                         Dr. Divyendu Sinha  was a Life Member of VHPA
 
Both India Abroad and TV Asia will cover the trial. As mentioned in previous email, Jury selection begins today and it is expected that the jury will be in place by end of Wednesday. If that happens then the  opening statement will be made on Thursday, April 12. Soon after that Alkabahen will be testifying. We encourage you to be preset at that time to show your moral support to Alkabahen at that most difficult moment of relieving the nightmare. We will be updating the web site, www.divyendusinha.com on daily basis. Please consult it before making your plans and also to update yourself with the progress of the case. In the middle of the trial, the younger son of Sinhas, Ravi will testify and almost at the end of the trial, older son, Ashish will testify. You should plan to at least attend during those times. The trial is expected to last from two to three weeks.
 
You may send twitter to < https://twitter.com/#!/vicharak1> to get details, if you do not find it on <www.divyendusinha.com>.We will try to respond. Space is limited in the court room, so it will be useful, if you will let us know your plans in advance.
We are looking for strong support from the Indian as well American community; we also hope that all media will proactively cover the trial in spirit of community service.
Thnak you.
Gaurang G. Vaishnav

 Indian American Defense League (IADL)

Vishwa Hindu Parishad of America (VHPA)

Cell: 732-754-1727

Twitter at<http://twitter.com/#!/vicharak1>, 

Facebook <http://www.facebook.com/vicharak1>
follow Vishwa Hindu Parishad of America at <VHPAmericas@twitter.com>

————————————————————————————————————
Courtesy: Star Ledger

http://www.nj.com/news/index.ssf/2012/04/widow_of_old_bridge_beating_vi.html

Widow of Old Bridge beating victim plans to testify

Published: Sunday, April 08, 2012, 11:00 AM     Updated: Sunday, April 08, 2012, 2:41 PM
John O’Boyle/The Star-Ledger  Alka Sinha whose her husband, Divyendu, died in June 2010 after a beating, allegedly by four teenagers. The background is a photo of her husband that was used in a candlelight vigil.

OLD BRIDGE — When asked about her husband of 20 years, she cries.

“I relied on him to do everything,” she said.

And now, with two sons to raise, and two emotional trials looming, she misses him even more.

While on a stroll with his family late on a warm June night in Old Bridge in 2010, Divyendu Sinha, a 49-year-old computer scientist, was attacked near his Fela Drive home by five local teenagers in a night of senseless “wilding,” authorities say.

His wife and children watched in horror as four of the teens assaulted Sinha with their fists and feet, prosecutors said. The teens also are charged with attacking one of Sinha’s sons.

Before the night ended, Sinha was on life support at a New Brunswick hospital — while the teens bragged about the attack in text messages, investigators said. As Sinha fought for his life, the teens were arrested and charged with the beating. When he died four days later, the charges were upgraded to murder.

One of those teens, Steven Contreras goes on trial Tuesday — the first of two trials in the case.

Until now, Alka Sinha — who will testify for the prosecution — had not granted any interviews since the days immediately following the attack.

Sitting in her family room, next to a picture of her husband on an 8-foot poster that was displayed during his memorial service, Alka Sinha, 47, said the past 22 months have been a nightmare. She has attended every court hearing involving the five teenagers — Contreras, Cash Johnson, Julian Daley, Chris Conway and Christian Tinli. She wants justice for her husband.

        Widow looking forward to getting justice
Widow looking forward to getting justice“I’m looking forward to getting justice”. Alka Sinha talks about her husband, Divyendu, who died in June 2010 after a beating, allegedly by four teenagers. (video by Sue Epstein and John O’Boyle)Watch video

“What I have lost, I will never be able to gain that again,” she said. “The void I have and my children have, it will always be there. Maybe one day, whatever is left in my life, I can move on with that.”

In the days after the attack, friends told her to take it “one day at a time,” Sinha said, “and I am following that advice, but it is very hard. There are a lot of decisions to make, decisions about the children, about finances, about the house.

“We made big decisions together, but he handled even the small things,” she said.

Sinha said her sons, Aashish, 18, and Ravi, 14, are pillars of support for her. One of the boys was injured in the beating, but not seriously, authorities said.

“They are very strong and they support me when I grow weak,” she said. “I’m glad they are very focused on their education. It is what their father wanted.”

When asked to describe her husband, Sinha began to cry quietly. Eventually, the words came out, slowly at first, but then more easily.

“He was the most wonderful person, such a loving and caring husband and father,” she said.

They moved to their Old Bridge neighborhood 18 years ago “because it was a nice, quiet, diverse neighborhood.”

“Before the incident, I never thought it could happen in this neighborhood,” Sinha said. “We felt secure and safe.”

She will be a witness at this week’s trial and at the second trial of the other four teenagers, scheduled for July 10. She said simply, “I am looking to get justice.”

 

old-bridge-teens-tried-adults-sinha-slaying.jpg

file photos Top row from left, Cash Johnson, 17, and Christian Tinli, 18, and bottom row from left, Julian Daley, 16, and Chris Conway, 17 are four out of the five defendants in the Old Bridge slaying case. A photo for Steven Contreras, 17, was not available.

She said she has drawn strength from her neighbors and members of the Old Bridge community who have helped her since “minutes after the incident.”

“From the little things to the biggest thing, they are always there for me,” she said.

Gil Derose, who lives across the street on Fela Drive, and Nick Ricciardi, who lives down the road, said they plan on attending the trial in New Brunswick before Superior Court Judge Bradley Ferencz. Neither witnessed the attack on their neighbor.

Derose said his sons knew of the five teenagers charged with the murder, four of whom were star athletes at Old Bridge High School.

“I couldn’t believe it,” he said. “When we found out who (was arrested), I couldn’t believe they were high school kids here, local kids who were athletes.”

Ricciardi said his initial reaction to the attack and Divendyu Sinha’s death was “sadness for Alka and the boys and anger that these were neighborhood kids” who were arrested and charged.

Contreras is being tried separately because he implicated the other four in a statement he gave to investigators within days of the attack. Authorities said Contreras, who was 17 at the time, told investigators that, after a night of drinking that included several bottles of malt liquor, they went cruising, looking for someone to fight. Contreras denied he had been drinking.

Their last stop of the night was Fela Drive, where one of the teens saw what he thought were kids about 11:25 p.m. The “kids” turned out to be Sinha and his family.

Contreras told investigators Conway, Johnson, Daley and Tinli got out of the car and went after the group. Seconds after the attack, the four came running back and told him to leave. Contreras said he never saw the Sinha family, because he had stayed near the car.

The five teens are charged with murder and conspiracy in connection with Sinha’s death. They are also charged with assaulting a motorist a short time before the attack on Sinha.

Courtesy: Home News Tribune

http://www.mycentraljersey.com/article/20120408/NJNEWS/304080020/Jury-selection-begins-week-trial-1-5-accused-beating-death-Old-Bridge-man

 

Jury selection begins this week in trial of 1 of 5 accused in beating death of Old Bridge man

5:31 PM, Apr. 6, 2012  |
 

old-bridge-teens-tried-adults-sinhajpg-fdb9eff374f9bf9a_large.jpg

Divyendu Sinha
Written by
Staff Writer
Steven Contreras
Steven K. Contreras
 MIDDLESEX COUNTY — Alka Sinha said her life, and the life of her family, has been turned “upside down” since her husband was fatally beaten by a group of five teenagers as the family took an evening stroll near their Old Bridge home nearly two years ago.

Jury selection will begin on Tuesday in Superior Court, New Brunswick, in the trial of one of those defendants, Steven K. Contreras, charged with murdering Divyendu Sinha, a 49-year-old computer scientist whose two sons, ages 16 and 12 at the time, also were assaulted.

Contreras, who will turn 19 on April 21, is being tried separately because of statements he made to authorities during the investigation that implicated the other four defendants, who are scheduled to stand trial for murder on July 10.

Prosecutors said Sinha was walking outside his home on Fela Drive, near Route 9, on June 25, 2010, when the group of Old Bridge High School students pulled up in a car and beat him and his sons. Alka was not harmed in the incident, but Sinha died three days later from a head injury suffered during the assault. Authorities said no weapons were used.

“He was a wonderful person to his family, to friends — a wonderful father and actually a mentor to our kids,” Alka said on Friday. “We used to do things together as a family. We used to wait for him come back from work and do different things, whether it was general discussion on current affairs or going to see something with the children. Those things are not there anymore.

“You cannot imagine how it has affected our children.”

The five defendants also are charged with assaulting Anthony Martino, 18, of Old Bridge, a motorist who was attacked minutes before the assault on Sinha and his sons.

The other four defendants in the case are Cash Q. Johnson, 18, Christian M. Tinli, 19, Christopher Conway, 18, and Julian C. Daley, 17. All defendants are residents of Old Bridge and were either 16 or 17 at the time of the assault.

Prosecutors severed Contreras’ trial from the other four defendants because, during the trial, his statements might contain information about the other -defendants who then would have a right to call Contreras as a witness to contradict the statements or cross-examine him. That would be in direct conflict with Contreras’ Fifth Amendment right against self-incrimination.

Contreras’ lawyer, Hassen Abdellah, could not immediately be reached for comment.

An earlier Family Court decision allowed the five defendants to be tried as adults, and each faces 30 years to life if convicted of murder.

“I want justice,” Alka said. “We live in a society where we have a justice system that works. I believe in our justice system and I’m looking forward to getting justice. We have gotten a lot of support from all around — in that way I’m blessed. I’m just looking forward to having the similar kind of support for the upcoming days.”

Nikhil Muzumdar said his family was very close with the Sinhas, whose children, he said, were about the same age as his. The families vacationed together.

“We’re close family friends, and this was a real loss for us,” Muzumdar said. “He was a real kind and very caring man, and he always wanted to help others in everything that he did. He helped his students — they have a lot of good things to say about him and have shown a lot of support to Mrs. Sinha.”

Alka said her husband had started teaching computer science at Stevens Institute of Technology in Hoboken and also taught at the College of Staten Island in the City University of New York (CUNY). Divyendu, who was raised in Patna, India, according towww.divyendusinha.com, held doctorates in philosophy and computer science.

Authorities said the 11-count grand jury indictment was handed up following an investigation that revealed no evidence that the attack on Martino, the attack on Sinha and his family, or the subsequent plan to assault another victim, was motivated by the victims’ race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin or ethnicity, as required by New Jersey’s Bias Intimidation Law.

In addition to murder, the grand jury charged the five defendants with various counts of aggravated assault and conspiracy to commit aggravated assault. Additionally, the grand jury accused the defendants of riot and a related count of conspiracy, contending they acted as a group to commit crimes.

The five also were charged with two counts of hindering for trying to protect themselves and each other from prosecution by concealing evidence or misrepresenting facts about the attacks.

Along with the assault charges, the grand jury also charged the defendants with criminal mischief for damaging the car that was being driven by Martino.

Judge Bradley J. Ferencz will preside over Contreras’ trial.

“What happened was a real tragedy and I wouldn’t wish it to happen to even our worst enemy,” Muzumdar said. “It really completely destroyed a lot of things here in our day-to-day lives and we miss him a lot.”

 

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Dr. Divyendu Sinha Murder Case Update- August 04, 2011

Dear Supporters of Sinha Family:

Namaste. I am presenting updates on the proceedings in Dr. Divyendu Sinha murder case. The latest hearing was on Thursday, July 28, 2011. Alkabahen Sinha had returned from Bharat the day before.

                               old-bridge-teens-tried-adults-sinhajpg-fdb9eff374f9bf9a_large.jpg

Dr. Divyendu Sinha 

Defense had filed these motions:

 Severance: Separate the case from the assault (on Mr. Martino) immediately preceding assault on the Sinha family.

 Dismiss indictments as the defendants had set out for simple assault and not for  murder.

Change the venue to another county because of the publicity (There can be no presumed prejudice.)

Allow more time to study the medical records. (motion by the new attorney for Christopher Conway, Steve Altman)

(from Mr. Altman’s web site:

In September, 2010, Mr. Altman began representing Dharun Ravi, a Rutgers University freshman who was accused of using a webcam to invade the privacy of his college roommate, Tyler Clementi.  Mr. Clementi’s subsequent suicide has led to a national and worldwide media frenzy about the case, and a national discussion on cyber-bullying and internet privacy.)

All five attorneys, as well as the defendants were present in the court.

Defendant                                Attorney

  1. Steven K. Contreras            Hassen I. Abdellah
  2. Christopher Conway            Steve Altman
  3. Julian C. Daley                   Mitchell Ansell
  4. Cash Q. Johnson                William Fetky
  5. Christian M.Tinli                 John J. Koufos

Steven Contreras.jpg              Christopher Conway.jpg

Steven Contreras       Christopher Conway                   

Julain Daley.jpg      Cash Johnson.JPG        Christian Tinli.JPG

   Julian Daley                        Cash Johnson                  Christian Tinli

 

 Atty. William Fetky.JPG        Atty. Mitchell Ansell.JPG          Atty. John Koufos.JPG

 Atty.William Fetky         Atty.Mitchell Ansell             Atty. John Koufos                               

The following details are based on the notes I took in the court room; therefore, they are not verbatim but contain essence of what was discussed. They may not be 100% accurate and do miss some of the arguments that I could not jot down.

Arguments to severe Dr. Sinha murder case from the assault on Mr. Martino by John Koufos, attorney for Christian Tinli.

  • It would have prejudicial impact on the jury.
  • Assault on Martino and then on Sinha are two distinct, separate incidents.
  • Community is already inflamed.
  • Trying to get a fair jury will be impossible.
  • Martino assault has little to do with the assault on Dr. Sinha.
  • Jury may not decide each on its own merit.
  • Jury will take Martino assault and lead it into assault on Sinha.
  • These are two different cases: different victims, different ages, and different locations.

Mitch Ansell: Two different issues. If the two are allowed together, it will be prejudicial to my client.

Judge Ferencz: Both incidents are close to each other in time and both have same defendants.

William Fetky: I agree with Mr. Koufos.

Hassen Abdellah: This would elevate the culpability of my client; there would be a possibility of confusion (who owned the vehicle.)

Judge Ferencz: State’s contention would be: it was an ongoing conspiracy; significant difference is only that Martino got away.

Hassen Abdellah: When they (defendants) found that the car owner was different, confrontation dissipated. (My note: this argument was to imply that since confrontation in the first incident dissipated, the assault on Sinha family was not part of a continued conspiracy.)

Christopher Kuberiet, Middlesex County’s Assistant Public Prosecutor:

  • State has to decide admission of Steven Contreras statements.
  • Conversations (for conspiracy) started at the Wendy’s.
  • Level of aggression is not disputed.
  • Steven Contreras parked the car and blocked the cul de sac (to corner Martino’s car) and beat the s**** out of Martino.
  • Then Julian Daley says, there are other kids, let’s beat them.
  • Jury is instructed by the judge to decide each case on its own merit.

Decision on the motion to severe (separate) cases:

Judge Bradley Ferencz:

           Judge Bradley Frencez.jpg

  • Conspiracy was on going conduct at Wendy’s- preparation and plan.
  • Court does not find dissimilarity (between two incidents.)
  • Clearly, not being successful (in assault) first time (with Mr. Martino), they went on with the second (assault on Sinha family.)
  • According to the evidences, these events are ongoing and linked together.
  • Their conversations were conspiratorial in nature.
  • There is no prejudicial evidence of crime charged.
  • Court believes jury will be able to separate incidences and individuals.
  • Legally, facts point to conspiracy.
  • Ongoing nature of the conspiracy is clear.

Therefore, the court denies the motion to severe the cases (Assault on Martino from the assault on Sinha family.)

 Motion to dismiss indictments:

 One of the attorneys referred to the Grand Jury system in Texas and called it trial by accusation. Judge Ferencz commented that it was not so in New Jersey.

Steve Altman argued that the prosecutor went overboard in presentation to the Grand Jury.

The assistant Public Prosecutor, Mr. Kuberiet argued that what mattered is the conduct of these five people, not what was in their mind (meaning, the argument that they did not intend to murder Dr. Sinha did not hold water.)

Judge Bradley Ferencz:

Presentation to the Grand Jury in the case was proper. It is up to the Grand Jury to decide (whether to indict or not.)

I cannot grant the motion to dismiss the indictments.

 Motion to change the venue to another county:

 Judge Bradley Ferencz:

Press has been objective, not inflammatory.

Newspaper you (defense attorney) mentioned is- I won’t call it obscure, but I have never heard of it. This case is not covered by ABC, CBS, NBC, etc.

 You may want to reserve this motion six weeks prior to the trial date.

 Defense and the prosecution agreed that they did not have any objection to postponing it to six weeks before the trial.

Steve Altman, the attorney for Mr. Conway filed a motion indicating that he was going to engage a neuro-radiologist to review the medical reports of the two hospitals where Dr. Sinha was treated, so more time was needed. The judge asked him if he had already engaged the medical expert to which the answer was negative. The judge insisted that to keep the progress on track, the attorney must come back to him on August 22 and report on the progress of hiring of the medical expert.

Mr. Kuberiet mentioned that the State had all records from both the hospitals.

The judge set Tuesday, September 27, 2011 for next hearing.  He ordered that all reports be presented at that time and all discoveries be completed by then.

The judge further indicated that the case could go to trial by November or December.

Motion by Julian Daley’s attorney to relax rules of his home confinement:

 The attorney, Mitch Ansell argued that his client had behaved during two weeks on electronic bracelet. He should be allowed to go out in the yard to get fresh air as the range of the bracelet was only 50 ft.  He should be allowed to go with his parents to

(1)  Visit his therapist

(2)  Attend church services

(3)  Visit with his grandmother

The judge agreed to the request with these stipulations:

  1. Visit the therapist once a week
  2. Attend church once a week for one hour
  3. Allowed to visit grandmother in New York (twice a month, as indicated by Julian Daley’s mother)
  4. He can go out in the yard but not away from the property.

Mr. Christopher Kuberiet objected to the decision.

  • Regarding permission to travel to New York City, he said that we have to crawl before walking.
  • Julian Daley has record.
  • His track record is to disregard conditions.
  • His parents face possibility of forfeiture (of bail money).

The judge clarified his ruling that Julian Daley was permitted to move on his property but will not have any criminal contact and there should be no civil, municipal or criminal violation (otherwise, the bail would be forfeited.)

No horse playing (actual or perceived) or drinking

Same conditions as visit to church apply to visits for counseling.

As regards the start of the trial, we feel that in reality, the case won’t go to trial till early 2012 because currently courts are giving priority to those cases where the defendants are in jail for a prolonged period (there are quite a few dating back to 2009).

We ask the community to stay engaged and not forget that one of our bright community members was murdered for no reason and tomorrow, it could be any one of us. We could be effective as a community only if we band and stay together till justice is secured for Mrs. Alka Sinha and her children.

We will update you with the time of hearing on September 27, 2011 when that date comes closer.  Please plan to attend.

Brotherly yours,

Gaurang G. Vaishnav

Indian American Defense League (IADL)

Vishwa Hindu Parishad of America (VHPA)

732-754-1727

follow me on Blog at <http://vicharak1.wordpress.com/>follow me on twitter at<http://twitter.com/#!/vicharak1>, follow me on Facebook <Gaurang G. Vaishnav>  

follow Vishwa Hindu Parishad of America at <VHPANews@twitter.com>.

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