Malmgren’s New Attorney Makes Motions

COURT HOUSE – On Feb. 27 there was a hearing in the matter of the State of New Jersey v. Joshua Malmgren. Malmgren, 32, has been charged with two counts of aggravated manslaughter in the deaths of Ashley Dauber, 13 and her cousin Nioami Lazicki, 15.
The cousins and Lazicki’s sister Farrahanne were walking home on Bayshore Road the night of July 31,2012 when they were hit by a car driven by Malmgren, who was allegedly intoxicated, according to police. Malmgren asserted that he did not see the girls in the dark and poorly lit road.
Prior hearings before Judge Porto heard motions including a motion for a change of venue and one for dismissal of the indictment but were denied. A motion to relieve Malmgren’s defense counsel Brian Pelloni from his representation had also been granted. The defendant was also previously represented by H. Parker Smith.
Malmgren’s new attorney is Ed Weinstock. In addition to submitting evidence regarding Malmgren’s alleged intoxication (prescription pills as well as alcohol are included in this), the prosecution also wants to include evidence of texting during the event as a contributory factor. A motion for the suppression of evidence and one for the inclusion of evidence may be heard at the hearing scheduled for March 18.
There is also a status hearing scheduled for March 21 to estimate when the process of discovery will be completed and estimate how long the trial may take. Presently, the trial is scheduled for June 2 and the judge has cleared his docket for the rest of the month.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.
For the Herald’s previous coverage, go to:
– Joshua Malmgren has First Days in Court: http://goo.gl/kLqy2p
– Candlelight Vigil Held One Year After Death of Cousins: http://goo.gl/VqtpXC
– Families Mourn the Loss of 2 Cousins One Year After Fatal Accident: http://goo.gl/0FMyyR
– Driver Opts Not to Plea Bargain in Teens’ Deaths: http://goo.gl/V3rfdq
– Driver Pleads Not Guilty in Teens’ Deaths: http://goo.gl/OLL0Hc