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State v. Burr

November 16, 2006

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
FRANKLIN JACK BURR, II, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Middlesex County, Ind. No. 04-05-0726.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued September 26, 2006

Before Judges Weissbard, Payne and Graves.

Defendant Franklin Jack Burr, II, appeals from his conviction of second-degree sexual assault, N.J.S.A. 2C:14-2b, and third-degree endangering the welfare of a child, N.J.S.A. 2C:24-4a. After merging the endangering into the sexual assault, a six-year term of imprisonment was imposed, subject to the No Early Release Act, N.J.S.A. 2C:43-7.2.

For the present purposes, we need only relate that defendant was a piano teacher and the ten-year-old victim was one of his students. The assaults, which consisted of fondling, were said to have taken place at the Jewish Community Center (JCC) in Edison. Defendant's wife also gave piano lessons to the victim, and the victim's older brother at the JCC.

On appeal defendant raises a number of issues, including the following:

POINT IV

THE VERDICT MUST BE SET ASIDE BECAUSE THE DEFENDANT WAS NOT ALLOWED TO INTRODUCE EVIDENCE OF HIS MEDICAL DISABILITY THAT WOULD HAVE EXPLAINED HIS BEHAVIOR

A. Evidence of Mental Disease or Defect Is Not Limited to Cases that Present A Diminished Capacity Defense

B. The Asperger's Evidence Was Relevant To Show That Mr. Burr Would Not Know That a Child Sitting on a Man's Lap Is Inappropriate

C. The Evidence Was Relevant to Show That Mr. Burr Did Not Engage in a Pattern of ...


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