LilMtnCbn
05-19-2004, 06:36 AM
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-6/108494719295060.xml
Matthey jury stuck on key charge
But panel has verdicts on five other counts
Wednesday, May 19, 2004
BY MATTHEW J. DOWLING
Star-Ledger Staff
Jurors in the trial of Robert and Brenda Matthey declared yesterday they are
deadlocked on whether the Hunterdon County couple caused the hypothermia death
of their 7-year-old adopted Russian son, but told a judge they had reached
verdicts on five other charges.
Superior Court Judge Victor Ashrafi opted against having the jurors render a
partial verdict and instructed them to return this morning to continue
deliberations on the two manslaughter charges against the Mattheys.
As a result, the verdicts on four counts of child endangerment and one count of
witness tampering were not revealed. The endangerment counts, which carry
maximum 10-year prison terms each, charge the Mattheys with abuse and neglect
of Viktor Alexander Matthey prior to the boy's October 2000 death.
At issue in the deadlocked manslaughter count is whether the jurors can
determine if the Mattheys exposed Viktor to the cold by locking him overnight
in an unheated basement "pump room," causing his heart to stop on Oct. 29,
2000.
The Mattheys contend Viktor spent the night before his collapse sleeping in a
portable crib in the dining room of their Union Township home. They have argued
Viktor's hypothermia was caused by a rare nutritional disease he contracted in
Russia before his adoption in December 1999.
Robert and Brenda Matthey are charged with first-degree aggravated
manslaughter, which carries a maximum 30-year prison term, and second-degree
reckless manslaughter, which carries a maximum 10-year prison term.
The late-afternoon note from the jury indicated it was stuck on the lesser
charge and had not considered the aggravated manslaughter count. Aggravated
manslaughter requires the jury to find "extreme indifference to human life,"
though not intent, to cause death.
Ashrafi told the jurors to "sleep on it" and return this morning with the hope
of reaching a unanimous decision on the remaining two manslaughter counts. The
jury has already deliberated for more than 32 hours over six days. The trial
began Feb. 23 with jury selection.
Arthur Russo, defense attorney for Robert Matthey, suggested Ashrafi get a feel
from the jurors about whether they think additional time to deliberate would be
productive.
"This is the first time they've indicated that they're deadlocked," Russo said.
"We should know before we go further how extensive this is."
Ashrafi said that step was premature, but indicated it could be worth
considering if the impasse remains today. A few of the jurors were visibly
troubled as they entered the court yesterday afternoon to be sent home by
Ashrafi.
Earlier in the day, one juror sent out a note signaling the first sign of
problems in the jury room.
"I am getting very frustrated and confused with everyone's interpretation of
the law in this room," the female juror wrote. It was one of three notes that
came from the jury in a six-minute span asking for further clarifications from
Ashrafi on the manslaughter charges.
But after an explanation from Ashrafi, the same juror sent another note
indicating she was still having trouble understanding the elements of the
manslaughter charge.
The jury as a whole also asked to review about six minutes of testimony from a
pediatrician who treated Viktor at Robert Wood Johnson University Hospital in
New Brunswick the day he was rushed to the hospital with a body temperature in
the low 80s.
The excerpt of the doctor's testimony focused on the account Robert Matthey
gave to her about the hours leading up to Viktor's collapse. Viktor spent two
days on life support at Robert Wood Johnson before he died Oct. 31, 2000.
An investigation into extensive bruises and cuts found on his skin was launched
almost immediately after Viktor was brought to Robert Wood Johnson for
treatment of his hypothermia.
The Mattheys were charged a week after Viktor's death with the two manslaughter
counts, four child endangerment counts and witness tampering.
The endangerment counts accuse the couple of beating Viktor, feeding him
uncooked beans, failing to get him proper medical care and confining him in the
basement pump room. The Mattheys also are accused of instructing their
biological sons not to tell detectives about the couple's use of the pump room
for discipline.
If the jury indicates to Ashrafi that further deliberations would not alter the
deadlock, he has the option of accepting the verdicts on those five charges and
declaring a mistrial on the manslaughter counts.
A mistrial means the prosecution could consider attempting another trial on
those counts with another jury at a later date.
A mistrial was declared last month on a manslaughter charge against former Nets
star Jayson Williams after a jury in Somerville was unable to reach a verdict
on whether he negligently caused the death of a limousine drive while handling
a shotgun that discharged.
Williams, who was convicted on lesser charges of orchestrating a cover-up of
the shooting, and the attorneys in that case are scheduled to meet Friday to
discuss whether a new trial on that charge will go forward.
Ashrafi noted the possibility yesterday of a split verdict in the Matthey case
and told the attorneys to start considering how they wanted to proceed today if
the deadlock continues.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Matthey jury stuck on key charge
But panel has verdicts on five other counts
Wednesday, May 19, 2004
BY MATTHEW J. DOWLING
Star-Ledger Staff
Jurors in the trial of Robert and Brenda Matthey declared yesterday they are
deadlocked on whether the Hunterdon County couple caused the hypothermia death
of their 7-year-old adopted Russian son, but told a judge they had reached
verdicts on five other charges.
Superior Court Judge Victor Ashrafi opted against having the jurors render a
partial verdict and instructed them to return this morning to continue
deliberations on the two manslaughter charges against the Mattheys.
As a result, the verdicts on four counts of child endangerment and one count of
witness tampering were not revealed. The endangerment counts, which carry
maximum 10-year prison terms each, charge the Mattheys with abuse and neglect
of Viktor Alexander Matthey prior to the boy's October 2000 death.
At issue in the deadlocked manslaughter count is whether the jurors can
determine if the Mattheys exposed Viktor to the cold by locking him overnight
in an unheated basement "pump room," causing his heart to stop on Oct. 29,
2000.
The Mattheys contend Viktor spent the night before his collapse sleeping in a
portable crib in the dining room of their Union Township home. They have argued
Viktor's hypothermia was caused by a rare nutritional disease he contracted in
Russia before his adoption in December 1999.
Robert and Brenda Matthey are charged with first-degree aggravated
manslaughter, which carries a maximum 30-year prison term, and second-degree
reckless manslaughter, which carries a maximum 10-year prison term.
The late-afternoon note from the jury indicated it was stuck on the lesser
charge and had not considered the aggravated manslaughter count. Aggravated
manslaughter requires the jury to find "extreme indifference to human life,"
though not intent, to cause death.
Ashrafi told the jurors to "sleep on it" and return this morning with the hope
of reaching a unanimous decision on the remaining two manslaughter counts. The
jury has already deliberated for more than 32 hours over six days. The trial
began Feb. 23 with jury selection.
Arthur Russo, defense attorney for Robert Matthey, suggested Ashrafi get a feel
from the jurors about whether they think additional time to deliberate would be
productive.
"This is the first time they've indicated that they're deadlocked," Russo said.
"We should know before we go further how extensive this is."
Ashrafi said that step was premature, but indicated it could be worth
considering if the impasse remains today. A few of the jurors were visibly
troubled as they entered the court yesterday afternoon to be sent home by
Ashrafi.
Earlier in the day, one juror sent out a note signaling the first sign of
problems in the jury room.
"I am getting very frustrated and confused with everyone's interpretation of
the law in this room," the female juror wrote. It was one of three notes that
came from the jury in a six-minute span asking for further clarifications from
Ashrafi on the manslaughter charges.
But after an explanation from Ashrafi, the same juror sent another note
indicating she was still having trouble understanding the elements of the
manslaughter charge.
The jury as a whole also asked to review about six minutes of testimony from a
pediatrician who treated Viktor at Robert Wood Johnson University Hospital in
New Brunswick the day he was rushed to the hospital with a body temperature in
the low 80s.
The excerpt of the doctor's testimony focused on the account Robert Matthey
gave to her about the hours leading up to Viktor's collapse. Viktor spent two
days on life support at Robert Wood Johnson before he died Oct. 31, 2000.
An investigation into extensive bruises and cuts found on his skin was launched
almost immediately after Viktor was brought to Robert Wood Johnson for
treatment of his hypothermia.
The Mattheys were charged a week after Viktor's death with the two manslaughter
counts, four child endangerment counts and witness tampering.
The endangerment counts accuse the couple of beating Viktor, feeding him
uncooked beans, failing to get him proper medical care and confining him in the
basement pump room. The Mattheys also are accused of instructing their
biological sons not to tell detectives about the couple's use of the pump room
for discipline.
If the jury indicates to Ashrafi that further deliberations would not alter the
deadlock, he has the option of accepting the verdicts on those five charges and
declaring a mistrial on the manslaughter counts.
A mistrial means the prosecution could consider attempting another trial on
those counts with another jury at a later date.
A mistrial was declared last month on a manslaughter charge against former Nets
star Jayson Williams after a jury in Somerville was unable to reach a verdict
on whether he negligently caused the death of a limousine drive while handling
a shotgun that discharged.
Williams, who was convicted on lesser charges of orchestrating a cover-up of
the shooting, and the attorneys in that case are scheduled to meet Friday to
discuss whether a new trial on that charge will go forward.
Ashrafi noted the possibility yesterday of a split verdict in the Matthey case
and told the attorneys to start considering how they wanted to proceed today if
the deadlock continues.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
