|
Supreme Court asked to review overturned sex-assault conviction
By LUIS PUGA Staff Writer,
The Press of Atlantic City, October 25, 2003
TRENTON - The state attorney general will challenge a New Jersey Supreme Court decision that overturned former Police Officer Anderson Garron's aggravated sexual assault conviction because he was barred from using his alleged victim's prior flirtation in his defense.
The challenge comes in the form of a petition, which the Office of the Attorney General filed this week, to have the U.S. Supreme Court review the state court's decision on the ground that it contradicts state protections for rape victims.
"The state attorney general has asked the (U.S. Supreme) court to review the case because (the state) Supreme Court's opinion undercuts the public policy behind, and the effectiveness of, the state's Rape Shield Law in a manner not intended by the Legislature," said Chuck Davis, a spokesman for the Attorney General's Office.
"The (state) court has increased the risk of dual victimization of a victim, first by the defendant and second by the judiciary," Davis said.
The state court's decision stems from a 1998 incident in which Garron, an 11-year veteran of the Bridgeton Police Department, stands accused of forcing a former employee of the Cumberland County Prosecutor's Office to engage in oral sex.
Authorities believe Garron knew his victim through his wife, who also worked at the office.
On Sept. 28, Garron arrived at the woman's home ostensibly after he noticed the interior light of her car was lit, according to court documents.
The victim told authorities that Garron then came inside her home and forced her onto her knees as she tried to resist.
According to court documents, the victim said Garron removed his gun, turned on its laser sighting, and laid it on a shelf, which led her to believe she was in danger of being shot.
According to the attorney general's petition, the state Supreme Court decided that Garron should have been allowed to call witnesses that would support his contention that the victim consented because of past incidents in which she allegedly flirted with Garron.
Garron was convicted in 2000 of first-degree aggravated sexual assault, third-degree aggravated sexual contact and second-degree official misconduct and given an 11-year sentence.
During the trial, a superior court judge ruled that Garron could not produce witnesses who would testify to flirtation prior to the incident by the victim.
That decision was upheld by the state Appellate Division, but the state Supreme Court said that the Rape Shield Law, as it was amended in 1994, violated Garron's Sixth Amendment rights to confront his accuser.
They invoked the pre-amended version of the Rape Shield Law, which stated defendants could use past elements of a victim's sexual history if they were merely "relevant."
The amended version allows for evidence of a victim's sexual history only if it was "relevant and highly material" and outweighed the need to protect the victim's privacy.
The decision was highly criticized by women's groups, who said it chipped away at the Rape Shield Law.
Now they are applauding the Attorney General's Office for the petition.
"The rape shield law is critical to ensuring a fair trial to victims of sexual assault in New Jersey," said Elizabeth Volz, president of the New Jersey chapter of the National Organization for Women.
"We are obviously pleased the Attorney General's Office is working to ensure the law remains as strong as intended."
Davis said there is no time line as to when the U.S. Supreme Court will decide if it will hear the case.
Garron was released from state prison on a $100,000 bond in August.
The Associated Press contributed to this story.
To e-mail Luis Puga at The Press:
LPuga@pressofac.com
(856) 794-5111
|
