STATE OF NEW JERSEY VS. FEDNER PIERRE-LOUIS (02-10-1296, UNION COUNTY AND STATEWIDE)
A-0790-15T1
| N.J. Super. Ct. App. Div. | Sep 6, 2017Background
- In March 2002 Dr. Jeffrey Perchick was robbed and fatally shot at Newark Liberty International Airport; defendant Pierre‑Louis was later tried and convicted of felony murder, robbery, aggravated manslaughter (lesser included), and firearm offenses.
- Jury convicted in December 2004; defendant received a 45‑year term with 85% parole ineligibility for felony murder and a consecutive five‑year term for unlawful possession of a firearm.
- Defendant raised an ineffective‑assistance claim in post‑conviction relief (PCR), alleging trial counsel failed to investigate, serve an alibi notice, and present an alibi (initially school alibi; later a videogame‑at‑home alibi).
- After multiple PCR hearings and appellate proceedings (including Supreme Court remand for live testimony), Judge Donohue held a three‑day evidentiary hearing and found defense witnesses not credible and trial counsel credible and strategically reasonable in declining to present the alibi.
- The PCR court denied relief under Strickland/Fritz (ineffectiveness requires deficient performance and prejudice). Appellate division affirmed, deferring to the PCR judge’s credibility findings; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to present an alibi | State: Counsel reasonably investigated; witnesses for alibi were not credible; decision was strategic and informed | Pierre‑Louis: Counsel failed to investigate/serve alibi notice and should have presented alibi testimony (home/videogames) | Denied — counsel’s investigation and strategy were reasonable; credibility findings against defendant and his witnesses were supported |
| Whether defendant was prejudiced by not presenting alibi | State: No prejudice because proposed witnesses were unreliable and prior testimony linked defendant to weapon | Pierre‑Louis: Absence of alibi testimony likely affected jury outcome and warrants relief | Denied — lack of credible alibi testimony and incriminating 404(b) evidence meant no Strickland prejudice shown |
| Whether PCR judge’s factual findings are entitled to deference | State: Trial judge’s live‑witness credibility assessments control | Pierre‑Louis: Findings lacked sufficient credible evidence after remand hearing | Court: Deference due; findings supported by record and judge’s ability to assess witness demeanor |
| Whether trial strategy can be second‑guessed on PCR | State: Strategic choices virtually unchallengeable when informed | Pierre‑Louis: Strategy was unreasonable given late development of alibi and alleged inadequate investigation | Court: Strategic decisions were reasonable and not ineffective; PCR cannot second‑guess informed tactics |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance standard)
- State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland)
- State v. Locurto, 157 N.J. 463 (deference to trial judge credibility findings)
- State v. Rockford, 213 N.J. 424 (appellate deference to factual findings from evidentiary hearing)
- State v. Robinson, 200 N.J. 1 (standard for reviewing factual findings)
- State v. Gary, 229 N.J. Super. 102 (trial strategy not second‑guessed on PCR)
- State v. Pierre‑Louis, 216 N.J. 577 (Supreme Court remand directing live testimony on remand)