Hearings will be held next week on the possible exclusion of videotape evidence in the murder case of an East Windsor woman accused of killing her 21-month-old son.
By: Marisa Maldonado
TRENTON Hearings will be held next week on the possible exclusion of videotape evidence in the murder case of an East Windsor woman accused of killing her 21-month-old son, her attorney said Wednesday.
The videotape shows Maritza Soto, 29, of Grandview Terrace being questioned by three detectives, two from East Windsor and one from the Mercer County prosecutor’s office, after learning of her son’s death.
Her attorney, John Hartmann, said Ms. Soto did not confess during the interrogation. Prosecutors plan to argue in favor of using the videotape, said Casey DeBlasio, a spokeswoman for the Mercer County prosecutor’s office.
"We’re going to seek to use all evidence in this case," said Ms. DeBlasio, who declined to comment further.
Ms. Soto has been charged with first-degree murder in the death of her son Daniel, who was pronounced dead at 9:23 p.m. on June 2, 2003. An autopsy at the time showed the boy had a cut on his heart and had suffered massive internal bleeding. Prosecutors have said the boy was beaten to death by Ms. Soto.
She also has been charged with two counts of endangering the welfare of a child, which stem from injuries to both Daniel and his twin brother, Joel. Ms. Soto’s trial is scheduled for September.
But if defense attorney John Hartmann sees his motion passed, the evidence presented at the trial will not include the videotape of Ms. Soto’s interrogation, which occurred hours after her son’s death. The detectives violated Ms. Soto’s privacy by asking the questions so soon after her son’s death, Mr. Hartmann said.
The trio of detectives found Ms. Soto not long after she found out about her son’s death and "tag-teamed" her in an attempt to get information, alleges John Hartmann, Ms. Soto’s attorney.
"She really doesn’t hurt herself in the tape," Ms. Hartmann said. "(But) it’s a private moment. They had no business doing it."
A state Supreme Court case decided in the 1960s, in which the court ruled that police could not interview a woman after her son’s funeral, sets precedent for Ms. Soto, Mr. Hartmann said.
Mr. Hartmann said police did not tell Ms. Soto that her son had died until several hours after her son’s death so they could interview her, which they started to do between 1 and 2 a.m. on June 4, 2003.
"When she found out, she broke down," Mr. Hartmann said. "The cop admitted he saw her throw up."
Ms. Soto makes no confession in the tape, which lasts for about three hours, Mr. Hartmann said.
The three detectives used several interrogation techniques to get information out of Ms. Soto, Mr. Hartmann said, including saying things such as "Oh, I understand" to alleviate the pain of the case. Ms. Soto remained calm when being videotaped, he said.
The motion will be heard next Wednesday and Thursday by state Superior Court Judge Maryann Bielamowicz in Trenton.
Ms. Soto is free on $125,000 bail, Mr. Hartmann said. She is living at home and working full-time, he said.