Crime & Safety

Jury finds Duckett Guilty of Murder, Weapons Charges

Panel Overcomes Impasse to Reach Verdict.

Kenneth Duckett was found guilty today of murdering his ex-girlfriend Monica Paul at a Montclair YMCA as their 11-year-old daughter, Essence, sat beside her.

In addition to murder, the five-woman, seven-man jury found Duckett guilty of two weapons offenses, following a three-week trial that began Dec. 1. Duckett's attorney, Thomas Ashley, had been pushing for a verdict of reckless manslaughter.

When the verdict was announced, the courtroom was silent. There was no reaction and no tears from Paul's family. Duckett stood staring straight ahead and was immediately handcuffed and taken into custody.

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Duckett, 39, of Orange, was convicted of killing Paul, 31, on June 26, 2008, in front of their two children.

Paul had brought her and Duckett's then-four-year-old son, Noah, to the YMCA for swim lessons. Their daughter, Essence, was in the pool's observation room with Paul when she was shot.

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"While we believe justice was done in this case, this remains a very sad case of a mother who was senselessly killed in the prime of her life,'' said Acting Essex County Prosecutor Robert D. Laurino.

Ashley announced he plans an immediate appeal, basing his appeal on what he said was the prosecution's failure to charge passion and provocation in the manslaughter. Ashley says Duckett killed Paul in the heat of moment, he said, and Duckett did not want to pull trigger until Paul told him Noah was not his son.

Just an hour before the verdict was reached, the judge had ordered the jury to keep deliberating after jurors sent him a note saying they'd reached an impasse.

"You are not partisans," New Jersey Superior Court Judge Joseph Cassini III told them. "You are judges of the facts."

As reporters paced the halls outside the courtroom, Monica Paul's mother, Joanne Paul, sat on a bench nearby, her face buried in her hands.

When asked by reporters why the jury was able to reach a verdict so quickly after they sent the judge the impasse note, Ashley said he believed the jurors, "wanted to get out because it was Christmas."

"I think the fact that we're near Christmas had an impact on the verdict," Ashley told reporters.

"Obviously there was a period when the jury was deliberating and could not arrive on a verdict," he said. "There are significant issues that we will appeal ... including the failure to charge passion/provocation manslaughter.

"My client is obviously disappointed," he said. "Obviously you wish for a better verdict."

Essex County Assistant Prosecutor Gina Iosim said, "we appreciate the jury's patience and I'm sure it's (the verdict) nice for the Pauls around this time of year."

Thursday was the fourth day of deliberations and the third day that jurors asked for a re-reading of testimony. On Thursday, jurors asked that the testimony of three key witnesses and Duckett be read.

During the reading of testimony today, many jurors appeared tired, laying their heads back and closing their eyes.

The testimony of one of those witnesses, Natasha Richardson, a YMCA lifeguard who claimed she saw the shooting, already had been read back to jurors on Wednesday.

On Thursday, jurors also asked that 68 pages of testimony from William Johnson, the person who drove Duckett to the YMCA, be read back to them.

After the verdict, Cassini revoked Duckett's bail and scheduled sentencing for Feb. 1.

 

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