STATE OF NEW JERSEY VS. KAREN BORNÂ (13-065, MONMOUTH COUNTY AND STATEWIDE)
A-3896-14T4
| N.J. Super. Ct. App. Div. | Jul 17, 2017Background
- Defendant Karen Born was convicted in Aberdeen Municipal Court of multiple motor-vehicle offenses and two disorderly-persons offenses (false reports to law enforcement; resisting arrest); some other charges were dismissed or downgraded pursuant to plea agreements.
- On initial sentencing Judge Berube imposed fines, a six-month license suspension, and 195 days county jail; defendant appealed to the Law Division.
- Judge Reisner conducted a de novo trial in the Law Division, considered the record and witness credibility, and reduced the sentence to one year probation and $250 in fines.
- Key factual incidents: (1) Dec. 4, 2012 — Born called dispatch claiming intruders and assault in her home; officers searched and found no evidence. (2) Dec. 20, 2012 — Off-duty Officer Grivas alleged Born drove recklessly, causing him to swerve to avoid collision. (3) Apr. 2, 2013 — Officer Hausmann followed Born to her home, confirmed her license was suspended, and after she refused to exit her vehicle officers forced a door and arrested her.
- At the de novo trial Judge Reisner found beyond a reasonable doubt that Born made a knowingly false report, committed reckless driving, failed to exhibit a license, and resisted arrest; the appellate division affirmed.
Issues
| Issue | State's Argument | Born's Argument | Held |
|---|---|---|---|
| Whether Born knowingly made a false report to police (N.J.S.A. 2C:28-4b) | Record (call recording, testimony) shows Born reported an assault she knew did not occur | She lacked requisite intent or presence of mind to know the report was false | Law Division verdict affirmed: sufficient evidence she knowingly made a false report |
| Whether resisting arrest conviction was proper vs. obstruction | Officers credibly testified Born refused to exit vehicle and impeded arrest | Born contends her license was valid, she opened door, and charge should be obstruction | Law Division verdict affirmed: resisting arrest proven beyond a reasonable doubt |
| Whether reckless driving conviction (N.J.S.A. 39:4-96) was supported | Officer Grivas testified Born’s driving forced him to swerve to avoid collision | Born denied involvement, alleged officer bias and lack of police report | Law Division found Grivas credible and upheld reckless driving conviction |
| Whether careless-driving/failure-to-exhibit-license findings were supported | Video and officer testimony showed careless operation and failure to produce license | Born disputes she was driving and challenges credibility of officers | Law Division findings affirmed as supported by competent credible evidence |
Key Cases Cited
- State v. Johnson, 42 N.J. 146 (review standard for sufficiency of evidence in criminal cases)
- State v. Locurto, 157 N.J. 463 (deference to trial court credibility findings)
- Midler v. Heinowitz, 10 N.J. 123 (two-court rule on concurrent factual findings)
