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Sunday, January 02, 2022

State v. Michelle Lodzinski (083398) (Middlesex County and Statewide) (A-50-19;

 State v. Michelle Lodzinski (083398) (Middlesex County and Statewide) (A-50-19; 083398)

After reviewing the entirety of the evidence and after giving the State the benefit of all its favorable testimony and all the favorable inferences drawn from that testimony, no reasonable jury could find beyond a reasonable doubt that Lodzinski purposefully or knowingly caused Timothy’s death. Even if the evidence suggested that Timothy did not die by accident, no testimony or evidence was offered to distinguish whether Timothy died by the negligent, reckless, or purposeful or knowing acts of a person, even if that person were Lodzinski.