Court grants hearing to dad convicted of killing infant son (Erma, New Jersey)

Dad EDWARD J. ROMAN SR. was convicted of killing one of his 7-week-old sons back in 2001 (aggravated manslaughter). There was evidence that both boys were abused. Seems to me we had the usual: an "overwhelmed" father who was totally incapable of infant care, a guy who got "frustrated" with crying babies and who "went off" on them as a result. Where was the mother of these babies? Why wasn't she taking care of them instead of this volatile nut? No answer. At any rate, Daddy is now appealing.

INVISIBLE MOTHER ALERT.

http://www.capemaycountyherald.com/article/courts/erma/67175-court+grants+hearing+father+convicted+killing+infant+son

Court Grants Hearing to Father Convicted of Killing Infant Son
Wed, 10/20/2010 - 11:20 am Updated 3 hours 49 min ago
By Joe Hart

ERMA — A local man, who is serving a 27-year term in state prison for his role in the 2001 death of his infant son, was granted an evidentiary hearing to find out why his attorney did not call to the stand a particular witness whose testimony was favorable to the defense.

According to Herald archives, nine years ago, Edward J. Roman Sr. was trying to feed Edward Jr., one of his 7-week-old twin boys. Edward would not take his bottle and he would not stop crying. The young father, 27 at the time, lost his temper and slammed the child twice against his legs. When the child fell silent, Roman attempted to revive him and called for an ambulance.

Roman, now 36, confessed to Lower Township police while in custody.

An autopsy revealed multiple skull and rib fractures. The prosecution claimed Edward Jr. died as a result of head trauma.

An examination of Justin, the other twin, also disclosed multiple rib fractures.

Roman was charged with murder, but convicted of the lesser, included offense of aggravated manslaughter. Jurors ruled Roman had recklessly caused the death. He was acquitted, however, of charges he had abused Edward Jr. and Justin prior to the death.

In handing down the sentence (near the maximum of 30 years), Superior Court Judge Carmen Alvarez said Edward Roman, never showed remorse for the death of his son. “If this defendant keenly felt the loss of his son, I’ve yet to see it,” Alvarez said. The judge also required Roman to serve 85 percent of his sentence, as part of the state’s No Early Release Act.

Roman lost an appeal of his conviction and sentence in December 2005. He also sought post-conviction relief, another form of appeal, which was also denied in August 2008.

Roman is now appealing that denial.

Among other points that were dismissed by the appellate court, Roman claimed “ineffective assistance of counsel” arguing that his trial attorney, Joseph Marrone, did not call Dr. John J. Shane, a forensic pathologist, because defendant did not have the funds to pay the expert's $2500 testimonial fee.

According to the decision, Shane determined that the baby's death was due to terminal hypoxia caused by improper resuscitation efforts; that his fractured skull was caused by a single traumatic injury to the occipital bone; and that both babies' fractured ribs occurred during childbirth.

Roman said he testified at trial because he thought Shane would also be called as a witness. He said he paid Marrone $50,000, which should have included payments for professionals.

“Whether or not defendant's payment included expert fees, trial counsel should not fail to call a needed expert witness due to defendant's lack of funds without first seeking assistance from the public defender,” the decision stated.

Roman argued that Shane’s testimony might have persuaded the jury to convict him of the second-degree crime of reckless manslaughter.

“The trial court found that defendant's incriminating statement while in custody coupled with the other evidence adduced by the State was so strong that the Dr. Shane's testimony would not have reasonably changed the jury verdict,” the opinion stated. “We are not so convinced.”

The appeals judges found that Shane’s testimony “went to the very heart of the causation of the child's death.”

“The jury had concerns about the strength of the State's case in that they did not convict defendant of causing the rib injuries to either child,” the opinion stated.

The judges said if Marrone kept Shane off the stand for strategic reasons because his evidence was weak, it would be acceptable.

Marrone told the Press of Atlantic City that his decision not to call Shane had nothing to do with Roman's ability to pay, but rather related to Shane’s “credibility problems” and his curriculum vitae, or resumé.

“If the decision was indeed made exclusively on economic grounds without concern for trial strategy, however, defendant might well be entitled to a new trial if the court finds that the lack of the expert testimony resulted in a miscarriage of justice,” the opinion stated.

Roman also had a problem with how his attorney handled one of the witnesses for the prosecution.

He argued that Marrone should have moved for a mistrial, requested testimony be stricken or requested a limiting instruction regarding the prosecutor’s pediatric radiologist, whose testimony went beyond her initial report.

“Although trial counsel's failure to request this additional relief does not constitute ineffective assistance of counsel, the State's use of this testimony highlights the potential importance of Dr. Shane's forensic testimony,” the opinion stated.

“We do agree in part with defendant's argument…requesting an evidentiary hearing…an evidentiary hearing is necessary to determine the reasons for trial counsel's decision not to call the defense forensic pathologist,” the decision stated. “Accordingly, we remand for an evidentiary hearing solely on the question of whether trial counsel improperly decided not to call Dr. Shane as a witness for economic reasons.”

The Press story stated that Roman’s hearing is slated for Jan. 14.

According to the Department of Corrections, Roman is housed in New Jersey State Prison in Trenton. His current max release date is listed as Dec. 26, 2025.