NJ - Multiple Deaths in Mansion Fire, Monmouth County, Colts Neck, 20 Nov 2018 *Arrest*

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No replies with my signing up on FB - so @Countem - are you finding out anything? TIA if you can!
Girl Waving Hello Smiley
 
Niner said:
No replies with my signing up on FB - so @Countem - are you finding out anything? TIA if you can!
Girl Waving Hello Smiley
Click to expand...
Nothing new that I can see, unfortunately. If you message me the Facebook link, I can try!
 
Countem said:
Nothing new that I can see, unfortunately. If you message me the Facebook link, I can try!
Click to expand...

I have to wait until they "approve" me to their private group. Have not received any messages - and now I can't find the link!! :rolleyes: I will try later to see if I can find it.
 
@Countem - well still no reply from the FB page - guess they do not want me... :(

Anything in the court site? I have his trial starting on 6/3/24, but do have a note that it could be moved to July or August.

TIA if you find anything! :)
 
The court site does not share any case information, unfortunately. :(

I can find no recent articles, either.
 

Public | NJ Courts

Provides an overview of the content found in the public section of the website.
www.njcourts.gov www.njcourts.gov

From the public link to NJ Courts-- if you click on "search cases," it becomes evident that only Civil cases may be searched.

The only search option for criminal cases is "criminal convictions" and "criminal judgments." There's no option to search active criminal cases or dockets. Not even the Monmouth County District Court Calendar is available online!

Unfortunately, I think our only option here is to watch for MSM updates.
 
MSM from 5/13/2019 -- don't know if these players are still on this case:

Previously: Paul Caneiro pleads not guilty to all charges

Defense attorneys were expected to discuss what motions they intend to file in the case during a conference Monday before Superior Court Judge Joseph W. Oxley. Instead, Patrice Bearden, a deputy assistant public defender who is representing Caneiro, told Oxley she just received 1,172 pages of additional investigative reports from prosecutors late Friday and she needs time to go through them before deciding what motions to file.

Christopher Decker, an assistant Monmouth County prosecutor, said he still has about 950 documents to turn over to the defense "as a result of a financial investigation that's been ongoing."

www.app.com

Colts Neck murders: Prosecutors turn over 1,172 pages of new evidence against Paul Caneiro

Prosecutors have given defense attorneys more than 1,000 additional pages of investigative reports in its case against Paul Caneiro.
www.app.com
 
Seattle1 said:
MSM from 5/13/2019 -- don't know if these players are still on this case:

Previously: Paul Caneiro pleads not guilty to all charges

Defense attorneys were expected to discuss what motions they intend to file in the case during a conference Monday before Superior Court Judge Joseph W. Oxley. Instead, Patrice Bearden, a deputy assistant public defender who is representing Caneiro, told Oxley she just received 1,172 pages of additional investigative reports from prosecutors late Friday and she needs time to go through them before deciding what motions to file.

Christopher Decker, an assistant Monmouth County prosecutor, said he still has about 950 documents to turn over to the defense "as a result of a financial investigation that's been ongoing."
Click to expand...

Snipped by me ^^

from my notes - Public defender’s office defense attorney W. Michael Wicke.


So there must have been a change from 2019 to 3/2024 where I have Wicke's name on my notes. The rest I have the same.
 
Well - coming up with nothing on his trial or next court hearing when I just did my search. Last article is the one above that I posted - 3/27/24.

Anyone have better luck? His trial was supposed to start on Monday, but all sides got too much discovery plus that STRmix software that they used.

TIA if you can! :)
 
@Countem - here's that link to the FB page:

Log into Facebook

Log into Facebook to start sharing and connecting with your friends, family, and people you know.
www.facebook.com www.facebook.com

and they don't know what is happening either...

And of course no "new" articles that I can find over here.

Per notes - trial in July [which is gone by] or August. And here we are in August.... :(
 
Seattle1 said:
3/22/24

State v. Caneiro, 256 N.J. 531 | Casetext Search + Citator

Read State v. Caneiro, 256 N.J. 531, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
Click to expand...

So according to this:

ORDERED that the temporary stay previously imposed during the pendency of defendant’s application is hereby vacated.

So - his appeal was vacated - do I have the correct? Are we waiting for that Daubert hearing or not? Legalese always gets me...
 
Niner said:
So according to this:

ORDERED that the temporary stay previously imposed during the pendency of defendant’s application is hereby vacated.

So - his appeal was vacated - do I have the correct? Are we waiting for that Daubert hearing or not? Legalese always gets me...
Click to expand...

I think what happened was per the quoted MSM below dated 3/27/24, this hearing was anticipated for end of February 2024 but concerned about the defense expending the testing parameters, the state filed for emergent relief (S-68-23) pursuant to Rule 2:9-8.

Niner said:
A hearing on the scientific reliability of the technology was scheduled to take place during the weeks of Feb. 26 and March 4, but the hearing has not yet happened because the defense sought to expand the proceeding to consider additional DNA samples beyond those that were originally analyzed with the new technology.
[.....]
At Tuesday's conference, attorneys discussed making arrangements for the defense expert to examine the software utilized by the state police lab.

Oxley scheduled a conference in the case for April 8 to discuss scheduling the pretrial hearing on the STRmix software.
[.....]
Oxley said it’s likely however he rules in the pretrial hearing, his ruling will be appealed. The outcome will have statewide implications.
Click to expand...

In the state's request for emergent relief, the state told the high Court:

(3) the State now represents that defendant has retained a new expert and the State will provide all requested discovery source materials and assist in arranging all expert review of such materials;

and

It was Ordered (March 22, 2024) the matter is summarily remanded to the trial court for a single Daubert hearing considering both the Bode evidence and NJSP evidence;

In other words, the single/combined Daubert hearing could be heard by Superior Trial Court Judge Oxley.

Unfortunately, I can't tell if this Daubert hearing for both evidence ever happened following the 3/22/24 Order.
 
Relative to the scientific reliability of the technology (STRmix Software for DNA)

newjerseymonitor.com

Expert testimony in criminal cases to face more rigorous standard after court ruling • New Jersey Monitor

The N.J. Supreme Court's latest ruling sets a more rigorous scientific standard for expert testimony in criminal cases.
newjerseymonitor.com newjerseymonitor.com

2/27/23

Prosecutors and defense attorneys who present expert testimony in criminal cases in New Jersey will have to do so under a more rigorous scientific standard than the courts have required for the past century, the New Jersey Supreme Court unanimously ruled Friday.

The new standard empowers judges to directly scrutinize experts’ methodology and accuracy when determining whether to admit their testimony as evidence — a change that had the support of groups as different as the state Attorney General’s Office and the Office of the Public Defender.

[..]

Judges in New Jersey have used what’s known as the Frye standard, established in a 1923 case, to determine the admissibility of an expert’s scientific testimony in criminal cases. That standard allows judges to consider only whether the subject of testimony has been “generally accepted” in the relevant scientific community.

But in 1993, another precedential case set a new standard that federal courts and most states now follow. The Daubert standard makes judges the gatekeepers of expert testimony by empowering them to directly examine and judge the reliability of expert evidence, including whether the expert’s theory or technique has been tested and subjected to peer review and what its known — or potential — error rate is. ... Under Friday’s ruling, all criminal cases will now have to use the newer standard too.
 
Since this is most recent MSM we have as of today that was published for this case, quoting the entire post with edit to correct the date to avoid further confusion to myself!

Niner said:
Mar. 27, 2023 MARCH 27, 2024
FREEHOLD - Paul J. Caneiro's trial in the Colts Neck mansion murders of his brother's family was scheduled to begin in June, but because of delays in a crucial, pretrial hearing, the start of the trial is expected to be pushed back into the summer.

Caneiro, 57, of Ocean Township, has been in jail five years, four months and seven days awaiting trial in the November 2018 murders of his brother, sister-in-law, and the couple's two young children, Superior Court Judge Joseph W. Oxley said at a conference in the case on Tuesday.

Despite that, Deputy Assistant Public Defender Michael Wicke told the judge at the conference that Caneiro's June 3 trial date is not a realistic one.
[.....]
The only thing standing in the way of a trial is a pretrial hearing on the admissibility of DNA evidence that was analyzed using cutting edge technology that has not yet been declared scientifically reliable in a New Jersey court.

A hearing on the scientific reliability of the technology was scheduled to take place during the weeks of Feb. 26 and March 4, but the hearing has not yet happened because the defense sought to expand the proceeding to consider additional DNA samples beyond those that were originally analyzed with the new technology.
[.....]
At Tuesday's conference, attorneys discussed making arrangements for the defense expert to examine the software utilized by the state police lab.

Oxley scheduled a conference in the case for April 8 to discuss scheduling the pretrial hearing on the STRmix software.
[.....]
Oxley said it’s likely however he rules in the pretrial hearing, his ruling will be appealed. The outcome will have statewide implications.

"That will take us into the heart of the summer - July or August,'' Oxley said, referring to the trial.
Click to expand...
 
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