05-12-08 State of New Jersey v. Philip J. Castagna
A-4402-06T5
In trial of former police chief for arson and conspiracy to
murder his wife, fact that the wife obtained a domestic violence
temporary restraining order against defendant resulting in his
suspension from office deemed admissible under Rule 404(b) on
State's theory of motive. Similarly, charges later filed by
wife of violation of the TRO and terroristic threats, resulting
in conviction on disorderly persons charges and forfeiture of
defendant's office, also held admissible as to motive. Jury to
receive limiting instructions including an instruction that
defendant's conviction on disorderly persons charges was
reversed after defendant's indictment on arson and conspiracy
charges.
Editor: Eric Waage
