STATE OF NEW JERSEY VS JESUS MIGUEL GONZALEZ(11-08-00946, MORRIS COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-5482-15T4
| N.J. Super. Ct. App. Div. | Jun 20, 2017Background
- Defendant Leonardo Buccheri was convicted by a jury of second-degree manslaughter (as a lesser-included of murder), second-degree unlawful possession of a weapon, and fourth-degree possession of a defaced firearm; he later pled guilty to a second-degree "certain persons not to have weapons" offense.
- Aggregate sentence: 15 years with over 13 years parole ineligibility; convictions and sentence affirmed on direct appeal and cert denied.
- Facts: Victim (defendant's fiancée) died of a gunshot wound; State medical expert Dr. Perez testified manner of death was homicide and that the muzzle was 3–6 inches from the wound based on autopsy photos and firing tests.
- At trial defendant elected not to testify after being advised of his rights by the judge; his theory was that the victim committed suicide and he pointed to his 911 call where he reported she shot herself.
- Defendant filed a PCR petition claiming ineffective assistance of trial counsel for (1) inducing him not to testify, (2) failing to alert the court to allegedly sleeping jurors, and (3) failing to retain/consult a medical expert to rebut Dr. Perez. The PCR court denied relief without an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel induced defendant not to testify | State: Record shows judge advised defendant of right; defendant knowingly waived testimony | Buccheri: Counsel prevented him from testifying | Denied — record shows an informed, voluntary election not to testify; no prejudice shown given other evidence and potential cross-examination of his criminal record |
| Whether counsel was ineffective for not alerting court to sleeping jurors | State: No trial record corroborating sleeping jurors; judge did not observe sleep; jurors replayed testimony | Buccheri: Two jurors appeared to be sleeping during Dr. Perez's testimony | Denied — allegations are uncorroborated and jurors re-heard testimony during deliberations; no prima facie prejudice |
| Whether counsel was ineffective for failing to retain a medical expert | State: Defendant presented no showing that a contrary expert existed or what testimony would be | Buccheri (pro se): Counsel failed to consult/retain an expert to rebut Dr. Perez and failed to object to opinion based on another examiner's autopsy | Denied — defendant offered only speculation and no evidence an expert could have contradicted State’s proof; speculation insufficient for prima facie case |
| Whether an evidentiary hearing was required on any claim | State: Rule and precedent require prima facie factual showing beyond bald or speculative assertions | Buccheri: Requested remand for evidentiary hearing on all claims | Denied — PCR judge correctly found no prima facie showing and that existing record resolved disputed issues |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-part test for ineffective assistance of counsel)
- State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland standard)
- State v. Preciose, 129 N.J. 451 (prima facie standard for PCR petitions)
- State v. Porter, 216 N.J. 343 (standards for PCR evidentiary hearings)
- State v. Cummings, 321 N.J. Super. 154 (defendant must allege specific facts beyond bald assertions for PCR)