COURT HOUSE – Joshua Malmgren, the man charged in the drunken driving deaths of two teenaged girls this past summer, did not enter a plea agreement in a Feb. 14 status conference court appearance.
With the families of the two girls sitting in the front row of the gallery behind Prosecutor Robert Johnson, Malmgren was led into the courtroom in shackles and handcuffs by two sheriff’s officers. Standing next to his attorney, Brian Pelloni, Malmgren did not speak during the proceeding.
Malmgren, a resident of Villas, is housed in the Cape May County Correctional Center since his arrest in lieu of $350,000 bail has been charged with two counts of first-degree aggravated manslaughter and vehicular homicide in the deaths of 15-year-old Nioami Faith Lazicki-Gatson of Greek Creek and her cousin, 13-year-old Ashley Dauber of Philadelphia. Both girls were killed as they walked on the shoulder of Bayshore Avenue in Green Creek the evening of July 31, 2012.
“We have discussed the matter and I don’t think we’re going to be able to resolve this by way of a plea agreement,” Johnson told Superior Court Judge Patricia Wild. Johnson asked the court to set a pre-trial conference date.
According to Johnson a status conference can be used to allow a defendant an opportunity to plea bargain.
“Ultimately, that’s not going to happen,” Johnson told this newspaper. “It’s definitely going to trial.”
The prosecutor informed the court the state would be filing a motion to admit into evidence the defendant’s drinking and drug use for several days leading up to the accident.
“We indicated to the court that we’re going to file a motion seeking to introduce that information pursuant to a court rule that allows us to do that,” Johnson told the Herald. Johnson said he would not comment further on the motion until the state presents evidence of it.
When asked if Wild will allow the motion, Johnson said Wild will make the call if the motion can be included during the actual trial.
Prior to the pre-trial conference the judge set a date to hear testimony of witnesses and legal argument in a hearing allow or disallow the motion.
Johnson said the motion will be set down for hearing prior to the pre-trial conference.A pre-trial conference was set for March 21 at 9 a.m.
Cape May – I am enjoying the meltdown from so many Leftists on president elect Trumps picks for his cabinet and their stating that he is bringing on people with zero experience in government. Yes, you nailed it…
