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State v. Culpepper

November 9, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
TERENCE CULPEPPER, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 02-02-296.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued on October 27, 2009

Before Judges Fuentes and Simonelli.

Defendant Terence Culpepper appeals from the denial of his petition for post conviction relief (PCR). We affirm.

A jury convicted defendant of third-degree terroristic threats, N.J.S.A. 2C:12-3b, stemming from his threat to kill his sister. The trial judge sentenced defendant to a two-year term of probation and imposed the appropriate penalties, assessments and fees.

We affirmed defendant's appeal of his conviction. State v. Culpepper, No. A-6070-02 (App. Div. June 20, 2006). Our Supreme Court denied certification, State v. Culpepper, 188 N.J. 576 (2006). On this appeal, defendant raises the following contentions:

I. THE PROSECUTOR MARK THONUS SUPPRESSED EXCULPATORY EVIDENCE FROM THE GRAND AND TRIAL JURIES. AND SUBBORNED PERJURY IN ORDER TO OBTAIN AN INDICTMENT AND CONVICTION.

II. JUDGE VENEZIA REFUSED TO ALLOW EXCULPATORY EVIDENCE TO BE PRESENTED AT TRIAL IN VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENT TO THE CONSTITUTION.

III. TAPES OF PHONE MESSAGES LEFT BY COMPLAINANT SHOULD HAVE BEEN ADMITTED INTO EVIDENCE.

A. THE PROSECUTOR MARK THONUS USURPED THE AUTHORITY OF THE GRAND JURY AND THE GRAND JURY FAILED IN THEIR DUTY TO THE DEFENDANT BY FAILING TO CALL THE ALLEGED VICTIM TO TESTIFY.

B. THE PROSECUTOR MARK THONUS KNOWINGLY PRESENTED FALSE EVIDENCE TO THE GRAND JURY THAT THE DEFENDANT KNOWINGLY POSSESSED AN ILLEGAL HIGH CAPACITY [AMMUNITION] MAGAZINE.

C. THE PROSECUTOR MARK THONUS FAILED TO INVESTIGATE THE ALLEGATIONS, SUBBORNED PERJURY AND LIED TO THE JURY THAT THE DEFENDANT FOLLOWED THE ALLEGED VICTIM INTO THE KITCHEN WITH THE ALLEGED WEAPONS.

D. THE PROSECUTOR MARK THONUS FAILED TO INVESTIGATE THE ALLEGATIONS AND LIED TO THE JURY THAT THE DEFENDANT CALLED ...


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