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State v KB, Essex County Superior Court
In September 2015, the defendant in State v. K.B. was indicted in Essex County Superior Court on serious sexual assault charges. The indictment included first-degree aggravated sexual assault, second-degree sexual assault, and two counts of third-degree aggravated criminal sexual contact. The accusations stemmed from an incident involving a developmentally disabled 62-year-old woman under the care of the defendant’s employer.
No Physical Evidence or Witnesses
The alleged victim claimed the defendant assaulted her in a shower and performed inappropriate acts. However, the defendant firmly denied entering the shower or engaging in misconduct. There were no eyewitnesses, video surveillance footage, or DNA evidence from the scene. Police never conducted a forensic investigation of the alleged crime scene.
Prior Accusations and Lack of Credibility
The victim had a documented history of making false allegations against caregivers. The defendant, on the other hand, had no prior criminal record. Despite this, the prosecution initially offered a plea deal that involved a 12-year prison sentence, Megan’s Law registration, and lifetime parole supervision. The defendant rejected the offer and chose to proceed to trial.
Charges Diverted Through Pretrial Intervention
Shortly before the trial began, the Essex County Prosecutor’s Office re-interviewed the alleged victim and determined her statements lacked credibility. As a result, the defendant was offered Pretrial Intervention (PTI), a diversion program available to certain first-time offenders. He accepted the offer in December 2016.
Legal Defense for Sexual Assault Charges in New Jersey
If you are facing serious sex crime allegations, Lazzaro Law provides aggressive and informed defense strategies. We handle complex criminal cases in Essex County and throughout New Jersey.
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