State v. Timmendequas
New Jersey Supreme Court
737 A.2d 55 (1999)
- Written by Sharon Feldman, JD
Facts
Jesse Timmendequas (defendant) was indicted for murdering Megan Kanka in the course of kidnapping and sexually assaulting her. The trial court granted Timmendequas’s motion to change the trial venue from Mercer County to Camden County because of the considerable pretrial publicity surrounding the case. The State of New Jersey (plaintiff) moved for reconsideration because of the hardship to Megan’s family in traveling to Camden County. Megan’s family submitted affidavits stating that traveling to Camden would add two hours a day to the time spent away from their two young surviving children. Relying on the New Jersey victims’-rights amendment, the court decided to empanel a foreign jury—a jury imported from another county. Timmendequas was convicted. On appeal, Timmendequas argued that the trial court improperly considered the financial and emotional impact that changing venue would have on Megan’s family.
Rule of Law
Issue
Holding and Reasoning (Garibaldi, J.)
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