Appeals court tosses drug sentence of N.J. man who beat murder charge

Mistrial is declared in Jersey City murder trial after jury is deadlocked

September 21, 2012, 8:41 PM
By Michaelangelo Conte/The Jersey Journal

A mistrial was declared in the murder trial of a former Jersey City man after the jury could not decide on the most serious charges.

The jury deliberated less than a full day in the case of Patrick Smith, 48, of Old Bridge, who was charged with stabbing Robert E. Murphy, 68, to death in his Jersey City home on May 21, 2010. The jury found Smith guilty on six drug counts, not guilty on two other drug counts and it was deadlocked on the counts of murder, felony murder, armed robbery and robbery.

Hudson County Superior Court Judge Fred Theemling set Oct. 15 for a status conference on new trial date.

"There was a miscarriage of justice today," said defense attorney Milagros Camacho, who wanted an acquittal on the murder charge.

Fellow defense attoreny Don Gardner said "there was sufficient basis for jury to see (that Smith) was not involved" and he said he "looks forward to having the case presented to new jury."

Hudson County Assistant Prosecutor John Wojtal, who tried the case, said he is "happy with drug conviction and I look forward to trying (Smith) again on murder counts."

Murphy's son, who found his dad's body in his dad's Bergen Avenue apartment, was in court this afternoon, but left without commenting afterward.

At the trial, a witness said she and Smith went to Murphy's home to deliver him $40 worth of cocaine and four cigarettes. She identified herself and Smith on security video as they went to Murphy?s residence and left a short time later.

But she testified that around midnight that day, Smith returned to her Fulton Avenue home asking for his black hooded sweatshirt. Under questioning by Hudson County Assistant Prosecutor John Wojtal, she said she gave Smith the sweatshirt and he left.

In court, the witness identified Smith as the man seen entering and leaving Murphy?s building a short time later. She identified his sweatshirt as the one he had retrieved from her earlier.

About 3 a.m. the next morning, Murphy was found dead in a pool of blood on his bedroom floor by his son, officials said, adding that he had several stab wounds to his neck and upper torso. The victim had no money and detectives believe the killing occurred during a robbery, officials said.

http://www.nj.com/hudson/index.ssf/20 ... s_declared_in_jersey.html

Jersey City police say nothing yet points to killer who stabbed 68-year-old man in his apartment on Bergen Ave.

Tuesday, May 25, 2010

Police are still searching for leads in the death of a 68-year-old Jersey City man who was found with multiple stab wounds by his son early Saturday morning.

Robert E. Murphy was found in a pool of blood on his bedroom floor by his son, according to Hudson County Prosecutor Edward DeFazio. The son called police at around 3 a.m., shortly after he entered his father's apartment at 6 Bergen Ave., DeFazio said.

Murphy had several stab wounds to his neck and upper torso, DeFazio said, adding that no weapon has been recovered. The son has been interviewed at length and is not being treated as a suspect, he said.

Investigators did not find any cash and think Murphy may have been killed during a robbery, DeFazio said.

The fourth-floor apartment showed no signs of a forced entry and evidence from the scene suggests there may have been a third person with Murphy and his attacker, DeFazio said.

"We still maintain he was familiar with the person or persons who committed this crime, though we believe there to be only one assailant," DeFazio said.

TOM SHORTELL