STATE v. ENGEL


249 N.J. Super. 336 (1991)

592 A.2d 572

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM ENGEL AND HERBERT ENGEL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Remanded November 29, 1990.

Reargued June 11, 1991.

Decided July 2, 1991.


Attorney(s) appearing for the Case

Louis N. Rainone and Jack Arseneault argued the cause for appellant Herbert Engel (Karcher, McDonnell, Rainone & Aftanski, and Jack Arseneault, attorneys; Louis N. Rainone and Jack Arseneault on the brief).

Richard E. Mischel and Linda George argued the cause for appellant William Engel (Greenberg, Margolis, Ziegler, Schwartz, Dratch, Franzblau & Falkin, and Tesoroni, LeRoy & George, attorneys; Richard E. Mischel and Linda George on the brief).

Appellants each filed a supplemental pro se brief.

Linda A. Rinaldi, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Ms. Rinaldi of counsel and on the brief).

Before Judges DEIGHAN, BAIME and ARNOLD M. STEIN.


The opinion of the court was delivered by BAIME, J.A.D.

Following a protracted jury trial, defendants William and Herbert Engel were convicted of conspiracy (N.J.S.A. 2C:5-2) and murder (N.J.S.A. 2C:11-3a(1) and (2)). The jury determined that defendants procured the commission of the killing by the payment of money and were thus eligible for the death penalty (N.J.S.A. 2C:11-3c). At the penalty phase, the jury decided that the aggravating factors...

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