SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of an opinion may not have been summarized. State v. Orlando Trinidad (A-65-18) (081881) Argued November 4, 2019 – Decided March 18, 2020 Timpone, J., writing for the Court. Defendant Orlando Trinidad, formerly an officer with the Bloomfield Police Department (BPD), was tried for misconduct, making false statements, falsifying records, and other offenses following an automobile stop gone awry. In this appeal, the Court considers several evidentiary issues and rulings that arose at trial. First, the Court considers whether a police officer’s testimony that Trinidad’s actions “appeared to have been criminal” unfairly influenced the jury and prejudiced Trinidad’s trial. Second, the Court considers whether the trial judge should have barred the victim’s testimony with respect to high-profile police brutality cases under N.J.R.E. 403 because it was prejudicial. The Court also considers Trinidad’s challenges to his sentence and to the trial court’s denial of his motion for a judgment of acquittal. At trial, the arresting officers and the victim, Marcus Jeter, disputed what occurred on the evening of June 7, 2012. BPD Officer Sean Courter’s report stated that Jeter refused “multiple commands to shut off the vehicle and show me his hands,” and “verbal commands to open the door.” Trinidad’s report stated that he observed Jeter “grabbing Officer Courter[’]s service weapon” and that Jeter “struck me in the face with a closed fist.” BPD Officer Albert Sutterlin’s report mirrored Trinidad’s report that “Jeter struck Officer Trinidad in the face.” Jeter testified that Courter and Sutterlin had their guns drawn. Dash-cam footage from Courter’s and Sutterlin’s vehicle corroborated Jeter’s testimony. A camera on Trinidad’s vehicle showed Jeter’s hands are up, and he never reaches for Courter’s gun. The recordings further show Trinidad and Sutterlin join Courter and pin Jeter down while Courter handcuffs him. Jeter never strikes any of the officers. Trinidad elbows Jeter three times in the back of the head. Trinidad picks Jeter up, slams him onto the hood of his patrol car, and punches him in the head. The Essex County Prosecutor’s Office (ECPO) ultimately charged Jeter with eluding, resisting arrest, assault on an officer, trying to disarm an officer, and several motor vehicle offenses. On June 12, 2012, Jeter filed a complaint with the ECPO. The ECPO contacted BPD’s Internal Affairs Division (IAD). After reviewing the incident 1 reports and the other available evidence, Lieutenant Michael Cofone of the IAD exonerated the officers. On April 3, 2013, the ECPO notified Cofone of the existence of the dash-cam recording from Trinidad’s patrol vehicle. The video showed that all three officers lied in their reports. Following an investigation, the ECPO dropped all charges against Jeter. The State took Courter and Trinidad to trial together. On direct examination, the State asked Jeter why he refused to get out of ...
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