There was a technicality.
Murder and rape charges were dropped against a Guatemalan national accused of killing a 50-year-old Rutherford woman more than six years ago after a judge refused to allow prosecutors to use DNA evidence against him.
Passaic County Prosecutor Camelia M. Valdes said she had no choice, leaving the family of Karen Splettstoesser without justice.
Rafael Camey is now in the hands of federal immigration officials who are expected to deport him.
The issue bounced around the court system before coming to a halt last month.
Superior Court Judge Marilyn C. Clark initially granted a defense request during the preparation for Camey’s trial to keep jurors from hearing the results of a DNA swab that she said Passaic police illegally obtained from him.
The state Appellate Division rejected a bid by the prosecutor’s office to overturn Clark’s decision, as did the New Jersey state Supreme Court.
The higher court sent a request by the state to take a new DNA swab from the undocumented immigrant back to Paterson.
Last month, Superior Court Judge Sohail Mohammed denied it “based on the improper conduct of police in obtaining the original sample,” Valdes said Monday.
Splettstoesser’s brutally beaten body was found near a riverbank behind a ShopRite on Eighth Street on Sept. 30, 2013.
Sohail Mohammed, eh?
ht/joe6pak
Sohail Mohammed is a muslim, born in India. Prior to his appointment by chris christie to the court he was an attorney that specialized in immigration law. Is this a great country or what?!?! A foreign born muslim that specializes in immigration law is now a judge that is letting illegal immigrants that have DNA that ties them to a rape and murder go free due to a technicality. The technicality? The arresting officers received his permission to do a cheek swab while speaking in English, which is not his native language.
That DNA is pretty unreliable stuff, [cough,cough] this judge should be hung by his balls for 24 hours. Then set free!
The police know very well the rules for collecting evidence, whether DNA or other kinds, and they know if they violate those rules the evidence will be thrown out and they will lose the case.
It would have been wise of them to find a legal way to obtain the DNA sample if they wanted to build a valid case against a murderer.
The white race is quickly becoming the scapegoat of the world, and it is most apparent in tolerant white majority countries.
The “White Privilege” narrative started at the University level and was easily dismissed as immature diatribe from ineffective leftists students, soon to fade away, replaced by another “Cause of the Month”. But this racist screed has now been amplified by the leftist media and is being mainstream into our culture and conscience.
This incident is directly related to the new bigoted attitude being developed – it is a perverted sense of justice that I predict will only grow if those espousing these ideas are not called out for the evil they spread.
This is not about race, it is about racists.
Judge should be forced to have the asshole live in her house for 1 year with a case of tequila dropped off every week and a baseball bat.
Some rules need to be changed. Tell me of another country that would do this. Let’s say you were in India and you’re suspected or a grievous offense and you claim to not have understood the Bollywood style of English they spoke when they asked for a swab. Oh…..we are so sorry my American friend, you are free to go home. Have a safe trip.
Yeah. Let a murderer go free because his precious DNA wasn’t collected legally (in violation of the Fourth Amendment)…
Meanwhile. Where TF are the indictments of all of those Obama administration fs who have been misusing the NSA database, lying to get FISA warrants, spying on a sitting president?
Vigilantism may well be our last resort.
I understand it is very effective.
Thanks Democrats
Who the hell decided illegal aliens have the same rights as citizens? The law should make it clear they do not, and why should they? The priority should be public safety for citizens, not “rights” manufactured by immigration attorneys making big money subverting US laws.
joe6pack: Answer to your question… CANADA
This illegal will be deported and will sneak back into the U.S. Heaven help the future victims of this murderer. These judges have no feelings for the victims.
The judge assissory too murder.
Dusty Dog, not only do the judges not have feelings for the victims, they are card carrying members of the Cloward-Piven club. Their goal is to upend everything that made this country great!
Yeah, there was a ‘technicality.’
The ILLEGAL FOREIGN INVADER shouldn’t have BEEN here in the FIRST place!!! 😡
Maybe they’ll deport him half way back and allow him to “escape” at altitude.
Crabs need to eat too.
This is disgusting! A foreign born judge that doesn’t care about American citizens allowing an illegal immigrant to literally get away with murder! What is the problem with obtaining a CURRENT DNA sample, unless the judge thinks it might incriminate the illegal. Sad day in America!
Criminals, illegal or not will be used by government to do their dirty work like the Gestapo was used in Germany against the Jews.
That is why courts are so leinant and so much concern for “poor prisoners” who are being let go. And Trump is in on it, was he duped?