Jersey City man convicted of murder, sentenced to life in prison, wins appeal for evidentiary hearing

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A Jersey City man convicted of murder and sentenced to life in prison has won an appeal that said his trial counsel provided ineffective assistance, allowing him to have a full evidentiary hearing in the case.

Ricky Roman. Photo courtesy of the New Jersey Department of Corrections.

By John Heinis/Hudson County View

“Defendant argues that his trial counsel – who allegedly practiced law primarily in New York – was sufficiently unfamiliar with the rules of evidence to properly advise him about the admissibility of a statement by a witness that was no longer available to testify at the second trial,” Superior Court of New Jersey Appellate Division Judges Douglas M. Fasciale and Francis J. Vernoia wrote in today’s decision.

“Had defendant known that the statement would have been introduced into evidence, he argues he would have accepted the State’s favorable plea offer of ten years in prison.
Instead, he rejected the offer, was found guilty, and received a sentence of life
in prison.”

Roman, 35, was convicted of murder, drug, and weapons charges on October 25th, 2010 and has been incarcerated at New Jersey State Prison since March 15th, 2011, according to the New Jersey Department of Corrections.

Additionally, he would not have been eligible for parole until August 5th, 2077.

“Defendant argues there are two material issues of disputed fact that cannot be resolved without an evidentiary hearing. First, his trial counsel was unfamiliar with the rules of evidence—specifically, N.J.R.E. 804—and improperly advised him of the admissibility of W.M.’s statement, which caused him to reject the State’s favorable plea offer,” today’s decision says.

“Second, the State procured the unavailability of W.M. so his statement should not have been admitted. Defendant is entitled to an evidentiary hearing to resolve these questions
before adjudicating his petition.”

Furthermore, Roman indicated he rejected the state’s 10-year plea offer at re-trial because counsel advised him W.M’s prior testimony, where he said he saw Romano stab Kareem Trowell, would be inadmissible.

“Trial counsel’s decision not to request a continuance to sufficiently address W.M.’s unavailability goes beyond the trial record and can be addressed on remand during the evidentiary hearing,” the appellate court ruled.

Roman was appealing an October 29th, 2019 order denying his petition for post-conviction relief.


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