STATE OF NEW JERSEY VS. AMIE MARROCCELLI
A-5386-13T3
In this appeal from her conviction for vehicular homicide, defendant argued that the trial judge erred in excluding a letter she alleged her husband wrote in which he accepted responsibility, six months after the fact, for driving the car at the time of the accident that caused the victim's death. We concluded that defendant presented a prima facie showing of authenticity based upon her testimony at a Rule 104 hearing that she observed her husband as he wrote and signed the note. Therefore, we held that the judge should have admitted the note into evidence and given the jury the opportunity to subject it and defendant's testimony to more intense review. We also concluded that the trial judge erred in barring defendant from introducing evidence of her driving habits in support of her contention that she was not driving on the night of the accident.
