Long Branch defendant withdraws guilty plea to sexual assault
A Long Branch man who had previously plead guilty to charges of having sexual contact with two young girls has withdrawn his guilty plea based on statements he made to an investigator to the Adult Diagnostic and Treatment Center that he didn't commit the crimes to which he had plead guilty. The Defendant plead guilty to one count of criminal sexual contact and two counts of child endangerment in connection with two young girls from the 1990s. Then, he was interviewed by an investigator from the Adult Diagnostic and Treatment Center and told the investigator that he didn't commit the crimes and the only reason he plead guilty was because he was guaranteed probation and no jail time. As a result, the Judge has postponed the sentencing and the Defendant may withdraw his plea and proceed to trial. For additional information on this story, see the Asbury Park Press article entitled, "Long Branch man denies guilt in sex assault, sentencing placed on hold".
This is an issue I have seen in court many times. Defendants often plead guilty and must provide a factual basis for their guilty plea in court before the Judge. However, many defendants secretly maintain their innocence and only enter a guilty plea based on the plea agreement and the leniency of the penalties involved (for example, to stay out of jail). In this case, the defendant entered his plea but then made inconsistent statements to the investigator as part of the pre-sentence report. This is the report that is provided to a Superior Court judge after a plea is entered so that the Judge is fully aware of the defendant's background, educational history, work history, record, etc. This allows the Judge to be fully informed when sentencing a defendant. Here, the pre-sentence report was inconsistent with the guilty plea placed on the record and, therefore, the plea was withdrawn.
