Judge to Review Feliciano's Medical Records

The Hon. Thomas V. Manahan, sitting in Morristown, ordered an in camera review of Jose Feliciano's medical records.

Feliciano, 66, is , the former pastor at in Chatham Borough, on Oct. 22, 2009. Feliciano was the custodian at the church at the time Hinds was stabbed to death.

Prosecutor Robert Bianchi submitted a motion asking for permission to review Feliciano's medical records, alleging he may have feigned the illness which sent him to Morristown Memorial Hospital on Oct. 23, 2009, after Hinds' body was discovered.

Balin Baidwan, one of Feliciano's defense attorneys, said that medical records are confidential and there is not enough pressing evidence for Manahan to make an exception to the privilege.

Baidwan also said first responders from the Chatham Emergency Squad were called to St. Patrick's twice on Oct. 23, 2009. The first time, Baidwan said, Feliciano told them he did not want to go to the hospital. When they were called back to the scene, Baidwan said they examined Feliciano and found he had an elevated heart and pulse rate and decided to take him to Morristown Memorial Hospital.

"If he was trying to escape, he would have left the scene at the first opportunity," Baidwan said.

Manahan said he did not want to grant the prosecution's motion without an in camera review of the records. He said he did not have "enough information to say the state has met its mark," but that he "can't make this determination blind."

Manahan said he would request that one copy of Feliciano's records from the hospital be sent to him in chambers. "Once I review the records, if I feel the state has the ability to meet the mark we'll come back," he said.

Defense attorneys Baidwan and Neill Hamilton will also review the records in chambers.

Jury Selection

Jury selection for the trial is set to begin on Sept. 6.

Hamilton asked Manahan if it would be possible, due to an October cancellation in the judge's calendar, to postpone jury selection until the first week of October. He said he is still waiting for several experts, including a handwriting analysis by the U.S. Secret Service and blood splatter analysis, both from prosecution experts.

"My position would be indefensible for me not to have at least knowledge of what I have in my hand before we begin jury selection," Hamilton said.

Manahan said since Sept. 6 is still three weeks away, Hamilton could renew his objections as the date drew nearer. In the meantime the Sept. 6 date stands.

Manahan also said he anticipates a long jury selection process, due to the anticipated length of the trial and the allegations of sexual abuse by a Roman Catholic priest, which must be addressed with potential jurors during voir dire.

"It's a tinderbox," Manahan said. "If we have 10 qualified jurors a day we'd be lucky."

Manahan also has various obligations during September, including two trips to Trenton, and said that progress on jury selection through September would be "very checkered."

Bianchi agreed with Manahan's assessment and said "if we get a jury by Sept. 30 I'll be surprised." He said he would reach out to his outstanding experts, but said he may end up not using them in trial.

Prior Rulings

Feliciano is alleged to have sexually touched a young girl in the late 1980s, but never appeared in court to answer the charge, and a warrant for his arrest was issued in 1988. Manahan has previous ruled that Bianchi may present evidence of Feliciano’s prior criminal record.

Prosecutors said Hinds’ discovery of this warrant was central to the motive for the killing. The prosecutors said Hinds planned to use the discovery of the warrant and the related alleged crime as the reason he was going to fire Feliciano, who upon learning that he was going to be fired, killed the priest.

The judge ruled that the St. Patrick parish was aware of the an agreement signed by the Catholic Church to settle charges of sexual abuse by priests that required background checks for all employees and volunteers of parishes who supervise children.

The Paterson Diocese, of which St. Patrick is a member, ordered an audit of personnel records to determine if all employees and volunteers who would interact with children had undergone such checks, Manahan said. The audit indicated that Feliciano was the only St. Patrick employee not to have been subject to a background check.

Manahan also said that a forensic analysis of Hinds’ computer showed that someone signed in under the priest’s log-in name had researched the Pennsylvania warrant.

Prosecutors also have evidence that Feliciano took Hinds' cellular phone to keep him from calling 9-1-1. Feliciano allegedly disposed of the phone near his Easton, Pa. home.