Dr. Divyendu Sinha Murder Trial (NJ, USA): 2nd Defendant, Julian Daley Pleads Guilty to 1st Degree charge of “Aggravated Manslaughter”

Julian Daley Pleads Guilty to First Degree charge of “Aggravated Manslaughter” in a Plea Bargain Deal
1. As part of the plea bargain, Julian Daley pleaded guilty to the charge of “Aggravated manslaughter”, which is a First degree charge.  The Plea deal recommends a 15 year jail term in a state prison. Without a plea, he could have faced up to 30 years, if convicted. Please see full report below.

If you have not singed the petition for speedy and proper justice for Divyendu Sinha’s family yet, please do so: Click on this link:

<http://www.change.org/petitions/mr-bruce-kaplan-prosecutor-middlesex-county-nj-we-want-justice-for-the-murder-of-dr-divyendu-sinha

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Update-31 February 16, 2013  

 February 16, 2013  

 Dear Supporters of Sinha Family and Community Members:

Namaste. We communicated to you last on November 28, 2012 where we informed you that Steven Contreras, the driver of the car that carried other four defendants in the case of The State of New Jersey Vs. Steven K. Contreras for the murder of Dr. Divyendu Sinha on June 26, 2010 had accepted a plea bargain on November 27 under which he would be sentenced to no more than four years prison term.

Divyendu Sinha

(Dr. Divyendu Sinha 1961-2010: He was beaten to death by four teenagers on the night of June 25, 2010)

Since then, we were waiting for a trial date for the remaining four defendants.  On February 5, there was a conference of attorneys and the assistant prosecutor with the Judge Bradley Ferencz to set the trial date for three of the defendants, i.e., Cash Johnson, Christian Tinli and Christopher Conway.  That date is now set for August 5 of this year. However, based on our experience so far, we would not be surprised if it is pushed to sometime next year!

The prosecution had excluded Julian Daley (JD) from this discussion because it was discussing a plea deal with him. While he could be sentenced to 30 years to life if convicted on First Degree murder charge, prosecutor’s office was not confident of winning the case after the setback in Steven Contreras trial. Assistant Prosecutor, Christopher Kuberiet was ready to offer 15 years jail term to which Mrs. Sinha strenuously objected; ultimately a 20 year jail term was offered.

February 7 was put on calendar to enter Julian Daley’s guilty plea. Since we came to know that the prosecutor had agreed to  a 15 years of jail term instead of 20 years,  Mrs. Sinha wrote a letter to the judge not to accept the plea deal that was worked out between the Assistant Prosecutor and Julian Daley’s attorney, Mr. Mitchell Ansell. (This letter will follow as a separate blog.)

 So, on 7th afternoon we were at the Middlesex Superior Court in the court room of Judge Bradley Ferencz. The judge asked counsels from both sides to state their position.

Mr. Mitchell Ansell said that his client was ready to plead guilty. 

 Julian Daley pleaded guilty to aggravated manslaughter. He also pleaded guilty to conspiracy to commit aggravated assault, aggravated manslaughter and — in an unrelated case — aiding the burglary of his neighbor’s house in December, 2012.

                                                            

                                                                                                                                                                                               
Julain Daley

                                                                                                               Convicted Criminal Julian Daley

 

Mr. Mitchell Ansell went through a series of questions that he asked Julian Daley as per the standard procedure. 

Atty. Mitchell Ansell

Attorney Mitchell Ansell

Julian Daley answered “Yes” to the following questions:

Were you in the Town of Old Bridge on the night of June 25, 2010?

Did Steven Contreras stop the car?

Did four of you got out of the car?

Did for of you see Sinha family walking on the Fella Drive, Old Bridge?

Did four of you (Julian Daley, Christopher Conway, Christian Tinli and Cash Johnson) ran to the Sinha family and started swinging?

Did you strike Dr. Sinha?

Did you understand that there was a clear possibility of death because of your action?

That your reckless actions caused death of Dr. Sinha?

On June 30, 2010 you gave a statement to the police?

That statement was truthful?

 At this point, Assistant Prosecutor, Christopher Kuberiet asked:

You observed Christopher Conway and Christian Tinli hitting Dr. Sinha?

Julian Daley answered, ‘Yes.’

His attorney, Mitchell Ansell continued asking questions to Julian Daley:

On December 16, 2012 were you under house arrest?

That you could not leave your property without court approval?

That you instructed your friend, Ray to steal from your next door neighbor’s home?

That later this stolen property was found in your possession?

That you understand that by pleading guilty, you are waving your right to a trial?

Julian Daley answered, ‘Yes’ to the above questions.

JD answered in negative when he was asked if he was coerced, threatened, influenced or promised anything other than what was written in the plea deal.

Julian Daley answered “Yes” to following questions by his attorney, Mitchell Ansell:

You understand that:

you will not be paying any restitution but will pay $155 court fee?

you would be sentenced to up to 15 years?

you will spend time in a State prison?

you will serve at least 85% of the sentence because this is a violent crime, before being eligible for parole?

Your bail Is not forfeited?

You are pleading guilty because in fact, you are guilty and not because of any other consideration?

Mr. Ansell further told JD that at the time of sentencing the prosecutor and members of Sinha family will speak.

Before sentencing, the judge will do extensive review of your life; your

education history, health history and family history will be evaluated

before imposing the sentence. He may or may not accept the plea deal. If the judge does not accept the plea deal, then at that time you could withdraw your guilty plea of your free will.

You have to testify truthfully at the trial of remaining three defendants; if you don’t, this plea becomes null and void.

If your plea becomes null and void, you will face up to 45 years in a state prison for all the charges.

Judge Bradley Frencez

Judge Bradley Ferencz of Middlesex County Superior Court, NJ

Now, the Judge, Bradley Ferencz  addressed Julian Daley.

Do you understand that:

the plea is between you, your lawyer and the Prosecutor. The Court is not a party to it?

once the plea is accepted, it is permanent?

you have stated that you have spoken to your lawyer?

that he has answered all your questions?

That he has served you well?

Julian Daley answered, ‘Yes’ to the above questions.

The judge further asked:

Do you understand the form (guilty plea)? Answer : Yes.

Whose signature is on that form? JD: Mine.

You have read and understood the guilty plea and the deal without any pressure?

Your answers are honest and truthful?

You were not threatened or forced to accept the deal and plead guilty?

You are/were not under influence of any drug. Alcohol, medicine that would impair your ability to make a decision?

that the State has asked that you be sentenced to 15 years in a prison?

If I accept the plea, I will sentence you to 15 years?

Julian Daley answered, ‘Yes’ to the above questions.

 The judge further said:

If I do not accept the plea, I will impose a longer sentence; If I do not accept the plea, I will let you know. You can withdraw your guilty plea and ask for a trial and whatever you said today cannot be used against you in the trial.

If you do not cooperate with the prosecution (as a part of the plea bargain), the plea stands, that is, you remain guilty and you cannot ask for a trial but your sentence will be increased to up to 20 years.

You will be on probation for five years after serving your sentence. If you violate probation any time after serving your sentence you will have to serve the full term under the law (20 years.)

JD answered yes to each statement indicating that he understood the implications of his decision to plead guilty and consequences of failing to cooperate.

 Judge mentioned that he had received Mrs. Alka Sinha’s letter. He said that he could not act on it as yet; he will wait for the pre-sentencing report and then he will take her letter in consideration.

The above process lasted about 25 minutes. Then at 2:20 P.M. the judge announced that he had accepted the negotiated Guilty plea of Julian Daley.

With the consent of defense attorney and the Assistant Prosecutor, the judge deferred the sentencing to September 9 at 1:30 PM. 

This paves way for  the next trial of remaining three defendants, i.e.,  Christian Tinli, Christopher Conway and Cash Johnson.

                                                                           

Christian Tinli
Christopher Conway                                   Cash Johnson

   Christian Tinli                        Christopher Conway                            Cash Johnson

That trial will start on August 5, 2013. We will keep you posted of developments. Let us not lose the focus. We want to work together as a community of law abiding citizens as this affects all- US Citizens, Indian immigrants, Blacks, Whites and Asians as well as people of any religious persuasion. When the trial starts, we will need your support in being present in the court as you did for the first trial.

On behalf of Ms. Alka Sinha and the family, we thank you for your tremendous support.

Brotherly yours,

Gaurang G. Vaishnav

Vishwa Hindu Parishad of America (VHPA)

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

Facebook: www.facebook.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 

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Posted on February 16, 2013, in Social Issues, USA, VHPA and tagged , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. 1 Comment.

  1. rest in peace to divyendu sinha. may justice be served.

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