Prosecution to Seek Trial In Angstadt Murder

COURT HOUSE – The takeaway from the Dec. 2 appearance by co-defendant Charles Mosley, 33 of Middle Township, charged with the 2015 murder of 15-year-old Nicole “Nikki” Angstadt, was that the prosecution was preparing to try Mosley and fellow suspect Derrick Powers, 24, of Middle Township, with homicide. 
A prior plea agreement of 30 years in prison is still on the table.
First Assistant Prosecutor Robert Johnson told Superior Court Judge John Porto that he foresaw trying Mosley and Powers for first-degree murder, conspiring to commit murder, sexual assault, conspiring to desecrate a body, hindering apprehension, endangering the welfare of a child, and two consecutive sentences for the added robbery charges. Mosley faces additional charges that include aggravated assault.
The Dec. 2 status conference was scheduled after Mosley missed Nov. 18 date when he was supposed to appear the same day as Powers, as per an agreement between the prosecution and defense.
Attorney Ed Weinstock, Mosley’s defense lawyer, told the court that he had almost all the discovery evidence except for the transcripts from statements made by his client. He had them in audio format on disk. Weinstock said that the evidence was “quite extensive,” but he had reviewed 70 percent of it and expected to be done by the next court date of Jan. 27, 2017.
Telling the court that it was his understanding that the prosecution was looking to try both men together, Weinstock asked that his client’s case be heard separately as there were prior statements made by Mosley that might require considering what was referred to as “Bruton issues.”
According to Bruton v. the United States (2005) when a co-defendant’s (i.e. Mosley) testimony implicates a criminal defendant (i.e. Powers), and that co-defendant does not testify at trial, the confession violates the criminal defendant’s rights under the Sixth Amendment.
This can occur despite the jury being told to disregard the co-defendant’s statements in deciding the criminal defendant’s guilt.
“We know the statements are out there,” Weinstock said, but “this was not the proper time to discuss Bruton.”
Mosley has maintained his innocence and, while implicating himself in some wrongdoing, Weinstock claims that Mosley has implicated Powers in Angstadt’s murder.
It was at this point that Johnson informed the judge that he was indeed expecting to try both men together and encouraged the judge to keep the co-defendants’ cases under joint purview, and related to Porto that he essentially had three options in deciding what to do with Mosley’s statements:
•    Admit the testimony in its entirety.
•    Admit parts of it.
•    Deny the testimony.
Johnson strongly advised that the statements be allowed. Appearing to weigh those options, Porto remarked that his decision would undergo a “very delicate balancing” of the Burton issues, but deferred the matter until the litigation process gears up.
Before ending the hearing, Porto asked that both sides come to court Jan. 27, 2017 “prepared with motions” and an idea of what direction both sides intend to take regarding a trial.
To contact Christopher Knoll, email cknoll@cmcherald.com.