STATE OF NEW JERSEY VS. GERMANIA TERRERO(09-07-1251, HUDSON COUNTY AND STATEWIDE), A-1635-15T3

Background

Germania Terrero was convicted by a jury of aggravated manslaughter, two counts of felony murder (robbery and burglary), robbery, burglary, related conspiracies, theft, and weapons offenses for the 2008 killing of Aracelio Lopez; sentence: 30 years. Appeal and conviction were previously affirmed.
Terrero lived with Lopez and worked at his restaurant; she had an extramarital relationship with Kristian Molina. Molina recruited Robert Santana and others to commit a robbery; Terrero allegedly facilitated the robbery by ensuring doors were unlocked and Lopez was in the kitchen.
Molina attacked Lopez inside the restaurant; Lopez later died of stab wounds. Santana pleaded guilty to robbery and testified for the State at trial; Molina fled to Venezuela and did not testify.
Terrero called 911 after a 15-minute delay, gave misleading statements to police, and falsely described the perpetrators; she remained in New Jersey and visited Lopez at the hospital.
Terrero filed a post-conviction relief (PCR) petition alleging ineffective assistance of trial counsel for (1) failing to advise her to testify, (2) failing to conduct adequate pretrial investigation (not finding Molina), and (3) inadequate communication/interpretation; the trial court denied the PCR petition without an evidentiary hearing and this denial was affirmed on appeal.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Terrero)	Held
1) Counsel failed to advise defendant to testify	Counsel’s decision not to have Terrero testify was tactical, fully explained, and Terrero knowingly waived testimony; no ineffective assistance.	Counsel was ineffective for not advising/persuading Terrero to testify; remand for hearing to explain the omission.	Denied. Terrero knowingly decided not to testify; she made no proffer of what her testimony would have been or how it would have changed the outcome, so no prima facie Strickland showing.
2) Failure to conduct adequate pretrial investigation (locate Molina)	Investigator unlikely to find Molina in Venezuela; defendant offered no affidavit from Molina or proof he would testify; no prejudice shown.	Counsel was ineffective for not hiring an investigator to locate Molina, who would allegedly absolve Terrero.	Denied. No prima facie showing or reasonable probability of different verdict; remote prospect Molina would return and testify against murder charges.
3) Ineffective assistance due to poor communication/interpretation	Court interpreters were used; defendant did not identify specific breakdowns or resulting prejudice; no Strickland showing.	Language/dialect differences with counsel’s interpreters prevented meaningful communication and left Terrero uninformed about State’s case.	Denied. Defendant failed to point to particular incidents or demonstrate prejudice from alleged communication failures.
4) Entitlement to evidentiary hearing on PCR claims	PCR standards require a prima facie showing supported by affidavits/certifications; bare assertions insufficient.	Requests for hearing to develop counsel explanations and evidence.	Denied. No prima facie case established for any claim; PCR is not a fishing expedition.

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
State v. Fritz, 105 N.J. 42 (1987) (New Jersey adoption of Strickland standard)
State v. Preciose, 129 N.J. 451 (1992) (prima facie showing required for evidentiary hearing on PCR)
United States v. Cronic, 466 U.S. 648 (1984) (prejudice not presumed; counsel errors must undermine reliability of outcome)
State v. Marshall, 148 N.J. 89 (1997) (PCR is not a device for investigating speculative claims)