STATE OF NEW JERSEY VS. MICHAEL M. WINTERS(13-09-2933, CAMDEN COUNTY AND STATEWIDE)
A-2111-15T2
N.J. Super. Ct. App. Div.Aug 3, 2017Background
- Michael M. Winters and co-defendant Matilda Marshall were indicted for crimes arising from the November 15, 2012 abduction, strip-search and robbery of victim Marcia Colon; Marshall was tried and sentenced earlier; the State dismissed a receiving-stolen-property count against Winters before his trial.
- At trial Colon testified she was taken from a bus stop, placed in a car, driven to a secluded railroad bridge, forced to remove clothes while searched, then driven to a gas station where she escaped seconds after Marshall left the car. Video from the gas station and ATM corroborated parts of the timeline.
- Police later located and arrested Winters and Marshall in the same car; Colon identified them from photo arrays.
- A jury convicted Winters of first-degree kidnapping (N.J.S.A. 2C:13-1), conspiracy to commit kidnapping, second-degree robbery (and conspiracy to commit robbery); conspiracy counts were merged for sentencing.
- At sentencing the court granted the State’s motion to treat Winters as a persistent offender under N.J.S.A. 2C:44-3(a) and imposed an extended term of 45 years on the kidnapping conviction (with parole disbarment and applicable assessments).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Winters) | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree kidnapping (release unharmed/in safe place) | Evidence showed Winters did not abandon control; victim escaped while captors still exerted control, so jury could find no lawful release | Colon was effectively released in a safe place when she left the car at the gas station, so only second-degree kidnapping applies | Conviction affirmed: viewing evidence favorably to State, a reasonable jury could find Winters failed to release Colon (escape vs. abandonment) |
| Alleged juror taint from extraneous hallway comments before trial | Prosecutor promptly reported potential exposure and court coordinated with other trial judge; no basis to suspect juror exposure | Trial court failed to conduct probing inquiry into juror exposure; denial of impartial jury violated Sixth Amendment | Claim rejected: no reasonable basis to suspect taint; issue not preserved and lacks merit |
| Sentencing as a persistent offender and length of 45-year extended term | Court followed Pierce framework: defendant eligible, considered aggravating/mitigating factors and record supports extended term and public protection concerns | Sentence is manifestly excessive; court misapplied Dunbar, double-counted convictions and improperly considered criminal history | Sentence affirmed: court complied with Pierce, did not improperly double-count, and did not abuse discretion |
| Evidentiary challenges to witness credibility and cross-examination (pro se) | Court permitted cross-examination on inconsistencies; no evidence prosecution knowingly used false testimony; lay opinion on credibility is inadmissible | Trial court improperly barred officers from testifying their opinion Colon was untruthful and allowed false/inconsistent testimony that prejudiced jury | Rejected: barring officers’ credibility opinions was correct; inconsistencies were tested by defense and jurors instructed to weigh motives and credibility |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review) (establishes review standard for directed verdicts and sufficiency challenges)
- State v. Sherman, 367 N.J. Super. 324 (App. Div.) (rule on proving harm or unsafe release when victim was released prior to apprehension)
- State v. Federico, 103 N.J. 169 (distinguishing abandonment of control from victim escape; factual issue for jury)
- State v. Pierce, 188 N.J. 155 (2006) (requires Pierce framework for extended-term sentencing post-Apprendi/Blakely)
- State v. Frisby, 174 N.J. 583 (lay witnesses cannot testify as to another witness’s credibility)