STATE VS. KIWANIE SALTER A-4410-10T2
Defendant
was indicted for, among other crimes, two counts of aggravated sexual assault
by oral penetration and two counts of criminal sexual contact. Each count alleged the conduct occurred
between September 2nd and September 5th, 2006, and the language in each was
identical.
The juvenile victim testified to the
various incidents that allegedly occurred and formed the basis of the
individual counts, although his testimony was somewhat inconsistent with that
given before the Grand Jury. In
her jury instructions, the judge did not differentiate what alleged conduct was
charged in each count. After an
extended sidebar discussion, and the prosecutor's ultimate assent, the judge
submitted a jury verdict sheet that similarly did not differentiate what
conduct was alleged in each of the four counts. The jury found defendant guilty of one count of aggravated
sexual assault, but not guilty
of
the other. It also found defendant
guilty of both counts of criminal sexual contact. 05-08-12
