STATE OF NEW JERSEY VS. ACELA E. REGALADAÂ (11-07-0776, UNION COUNTY AND STATEWIDE)
A-0071-15T2
N.J. Super. Ct. App. Div.Sep 26, 2017Background
- Defendant Acela Regalada owned/operated a massage parlor in Elizabeth; undercover police made controlled buys at the premises in March and April 2011.
- During the March buy, defendant greeted the officer, told other women to clean rooms, explained massage pricing and that girls accepted tips for "additional service," and handled a $60 payment in an envelope; an employee (N.R.) offered explicit sex-for-money prices in a back room.
- During the April buy, an employee (L.P.) stated explicit sexual services and prices; similar indicia were found on a later search (index cards with male names, condoms, cash envelope, lotions, cleaning supplies), though some items were destroyed before trial.
- Independent evidence tied the operation to defendant: utilities in her name, a cable work order signed by her, massage certificates in her name, employee work schedule, lack of equipment for other spa services, and employees who took direction from her.
- Defendant was indicted and convicted by a jury of third-degree promoting prostitution (N.J.S.A. 2C:34-1(b)(2)) and sentenced to three years' probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of co-conspirator hearsay under N.J.R.E. 803(b)(5) | Statements by N.R. and L.P. were admissible because they were made in furtherance of a prostitution conspiracy and independent evidence corroborated the conspiracy and defendant's role. | Admission was improper because the State lacked sufficient independent corroboration of a conspiracy and defendant's participation; hearsay should be barred. | Court affirmed: independent, non-hearsay evidence (defendant's statements, utilities, work cards, schedule, condoms, cash, employee conduct) sufficiently corroborated a conspiracy, so co-conspirator statements were admissible. |
Key Cases Cited
- State v. Harris, 209 N.J. 431 (2012) (evidentiary rulings reviewed for abuse of discretion)
- State v. Lykes, 192 N.J. 519 (2007) (abuse-of-discretion standard and manifest denial of justice test)
- Verdicchio v. Ricca, 179 N.J. 1 (2004) (context for abuse-of-discretion standard)
- State v. Phelps, 96 N.J. 500 (1984) (standards for admitting co-conspirator statements and required independent corroboration)
- State v. Cagno, 211 N.J. 488 (2012) (elements for N.J.R.E. 803(b)(5) admissibility)
- State v. Taccetta, 301 N.J. Super. 227 (App. Div. 1997) (discussing independent-evidence requirement for co-conspirator statements)
