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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, 2017
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Background

  • 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)
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Case Details

Case Name: STATE OF NEW JERSEY VS. ACELA E. REGALADAÂ (11-07-0776, UNION COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Sep 26, 2017
Docket Number: A-0071-15T2
Court Abbreviation: N.J. Super. Ct. App. Div.