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NJ.com: Star-Ledger updates: Plainfield man gets new trial in rape of deaf woman
A state appeals court today ordered a new trial for a Plainfield man found guilty of raping a deaf woman because the prosecutor improperly vouched for the victim's testimony by telling jurors she had a "stronger sensory perception" than most people because of her handicap.
"You heard from when you were a little kid, blind people, they hear things better, better heightened sense of smell," the Union County prosecutor told jurors during closing arguments in the 2002 trail. "Same thing with (the victim). She is a lifelong 40-year-old trained observer. She recognized this guy."
The three-judge Appellate Division panel also found the judge violated the constitutional rights of Darren Bradshaw by not allowing him to tell jurors where he was on the night of the rape.
The judge had ruled Bradshaw could not testify to his alibi because his attorney had not notified prosecutors 30 days prior to the trial, per court rules. But the appeals court today said that rule is unconstitutional because defendants have a right to testify in their own defense.
"Even if we were not reversing because of the prosecutor's summation, we would not find the exclusion of defendant's testimony as to his whereabouts to be harmless error," Appellate Judge Harvey Weissbard wrote, saying it "cut at the heart of the jury determination of these crucial matters and prejudiced appellant's substantial rights."
The victim, who was a 41-year-old homemaker from Plainfield at the time of the April 2000 attack, said she was walking alone about 11:30 p.m. near West Fourth Stree when a man on a bicycle pulled her onto a school ball field.
Based on the strength of the woman's description, Plainfield police identified Bradshaw as the suspect and arrested him at his West Fourth Street home on May 2, 2000, six days after the attack.
The victim, testifying with the assistance of two sign-language interpreters, discussed the violent attack and fingered Bradshaw as her attacker.
Prosecutors also introduced DNA evidence they said linked Bradshaw to the attack and jurors heard testimony from Robin Cotton, one of the nation's top genetic-evidence experts.
Bradshaw testified that he had never seen the victim before. He also denied telling police after his arrest that he had consensual sex with the woman.
It took jurors less than an hour to find Bradshaw guilty of first-degree aggravated sexual assault and second-degree robbery. He was sentenced to 60 years with a parole ineligibility term of 25 years.
A state appeals court today ordered a new trial for a Plainfield man found guilty of raping a deaf woman because the prosecutor improperly vouched for the victim's testimony by telling jurors she had a "stronger sensory perception" than most people because of her handicap.
"You heard from when you were a little kid, blind people, they hear things better, better heightened sense of smell," the Union County prosecutor told jurors during closing arguments in the 2002 trail. "Same thing with (the victim). She is a lifelong 40-year-old trained observer. She recognized this guy."
The three-judge Appellate Division panel also found the judge violated the constitutional rights of Darren Bradshaw by not allowing him to tell jurors where he was on the night of the rape.
The judge had ruled Bradshaw could not testify to his alibi because his attorney had not notified prosecutors 30 days prior to the trial, per court rules. But the appeals court today said that rule is unconstitutional because defendants have a right to testify in their own defense.
"Even if we were not reversing because of the prosecutor's summation, we would not find the exclusion of defendant's testimony as to his whereabouts to be harmless error," Appellate Judge Harvey Weissbard wrote, saying it "cut at the heart of the jury determination of these crucial matters and prejudiced appellant's substantial rights."
The victim, who was a 41-year-old homemaker from Plainfield at the time of the April 2000 attack, said she was walking alone about 11:30 p.m. near West Fourth Stree when a man on a bicycle pulled her onto a school ball field.
Based on the strength of the woman's description, Plainfield police identified Bradshaw as the suspect and arrested him at his West Fourth Street home on May 2, 2000, six days after the attack.
The victim, testifying with the assistance of two sign-language interpreters, discussed the violent attack and fingered Bradshaw as her attacker.
Prosecutors also introduced DNA evidence they said linked Bradshaw to the attack and jurors heard testimony from Robin Cotton, one of the nation's top genetic-evidence experts.
Bradshaw testified that he had never seen the victim before. He also denied telling police after his arrest that he had consensual sex with the woman.
It took jurors less than an hour to find Bradshaw guilty of first-degree aggravated sexual assault and second-degree robbery. He was sentenced to 60 years with a parole ineligibility term of 25 years.