COURT HOUSE — New charges were added, and bail increased, in the deaths of two teen-aged cousins killed by an alleged drunk driver as they walked on the shoulder of Bayshore Road the evening of Tue., July 31.
During a Mon., Aug. 6 hearing in Superior Court, the state made the case to add two charges of first-degree aggravated manslaughter against 30-year-old Joshua Malmgren, of Villas. The state succeeded in having Malmgren’s bail increased to $350,000. It was originally $50,000 and the state had sought $500,000.
With members of both families sitting in the courtroom, defense attorney Brian Pelloni and First Assistant Prosecutor Robert Johnson presented their cases before Superior Court Judge Raymond A. Batten. On advice of his attorney, Malmgren did not appear in court. Family members of both girls sobbed quietly during the proceedings, sometimes their bodies shook as they cried.
Malmgren, of Villas, initially appeared before Batten Aug. 2. At that time he was represented by H. Parker Smith of the county’s Public Defender’s Office. During that hearing Malmgren pleaded not guilty to all charges, including vehicular homicide.
With bail set initially at $50,000 by Judge George Neidig, Malmgren has been lodged in the Cape May County Correctional Center.
Johnson told the court that, based on evidence obtained by police, charges against Malmgren should include two charges of first-degree aggravated manslaughter against the victims, 13-year-old Ashley Dauber and 15-year-old Nioami Faith Lazicki-Gaston. Johnson asked the court for a bail increase to $250,000 per victim.
Correspondence sent from Pelloni to Batten indicated the attorney needed more time to meet with his client.
“You advised the court that you had several scheduling conflicts,” said Batten to Pelloni via a telephone link up between the attorney and the court.
“I am not comfortable with a notion of the defense counsel waiving the right of a defendant not to be physically present for the purpose of the first hearing,” said Batten.
“The first appearance occurs within 72 hours of the filing of charges,” said Pelloni, asking that all charges, instead, be brought before the court Thur., Aug. 9. “We’re in a situation where charges have already been filed against my client and now, for whatever reason, additional charges are being filed.”
The judge told the attorneys he was willing to allow time for the defense to familiarize itself with the case, however he saw no reason not to proceed with the two new charges.
When asked when the first available time was he could appear in court, Pelloni told the court the first date he could appear was Wed., Aug. 8.
“Judge, Ashley, one of my victims is being buried on Wednesday. The family is here and I ask that it not be set on that date,” said Johnson. “Thursday the family could be available.”
“I’m intrigued as to Mr. Johnson’s representations as to the families of the victims,” said Pelloni. “While I understand their position, if the argument is that counsel is not even entitled to be present generally at the continuance of the first appearance, I’m not sure if Mr. Johnson is suggesting that others have the right to be there if counsel doesn’t.”
“You’re complaining about an even playing field?” Batten asked the defense.
A blanket bail was set at $350,000, full cash, for the newly-added charges of first-degree aggravated manslaughter.
Malmgren remains lodged in Cape May County Correctional Center. A hearing will be held Thur., Aug. 8 at 1:30 p.m. before Batten.
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