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State v. Biegenwald3/5/1987
?
A: Yes, sir.
Q: We are talking about jurors kind of talking among each other. You are talking about what people said to you and what you said to other people.
Did you ever overhear other jurors discussing, talking, whatever you want to say, about the case?
A: Yes, sir. I just mentioned it.
Q: Okay. I thought it was you and another juror.
A: You said overheard or talked.
Q: Overheard, okay. And did you overhear any details being exchanged among the jurors?
A: Uh, no, sir.
Q: Just generally they knew this was a case. There was a murder case or some sort of big case they are here for?
A: Yes.
Q: Then as far as you are concerned, from all that you have heard, whatever input you have, do you feel that if you sat on this case you could give a fair shake, be fair and impartial both to Mr. Biegenwald and to the State in coming to your decision?
A: I think so.
Q: And put aside whatever gossipy stuff or whatever you heard?
A: Yes, sir.
Q: Including those other items that we talked about?
A: Nodding affirmatively.)
A: Right.
Q: Do you think that that basic perception about the presumption of innocence as it is called would be affected in your mind by the fact that you know that he had a prior conviction of murder?
A: Can you repeat that?
Q: He is presumed to be innocent when he goes to trial here.
A: Yes, sir.
Q: You understand that.
A: Right.
Q: Now, do you think the perception you have of that principle, the presumption of innocence, would be affected because you know that he had a prior conviction of murder?
A: No, sir.
Q: You could keep that completely separate and apart?
A: Yes, sir.
[THE COURT]: Okay. All right. Then I am satisfied and Mr. Revill can then take chair number. . . .
Mr. Revill was peremptorily excused by the defendant as soon as he was accepted by the court.
[EDIT ]
HANDLER, J., dissenting.
Richard Biegenwald was convicted of murder and sentenced to death. He challenges the constitutionality of the capital murder-death penalty statute, L. 1983, c. 111, under which he was prosecuted. He claims that other errors occurred in the course of his prosecution and trial that require a reversal of his conviction and sentence. The majority sustains the murder
conviction but reverses defendant's death sentence. I would reverse defendant's conviction as well as his sentence, and therefore dissent.
The Court, essentially for the reasons expressed in the companion case of State v. Ramseur, 106 N.J. 123 (1987), also decided today, upholds the constitutionality of the capital murder-death penalty statute. It also concludes that there was no reversible error occasioned by adverse pretrial publicity that was aggravated by the conduct of the prosecutor, or by the denial of a change of venue, or by the manner in which the voir dire examination of petit jurors was conducted. It further determines that there was no reversible error with respect to the trial court's charge on "reasonable doubt" or the denial of defendant's request to waive a jury in the sentencing phase of the trial. With respect to the trial on sentence, however, the Court finds that the trial court failed to give a c
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