Ruling: Jury can see suspect in jumpsuit

MAPLE SHADE - As investigators questioned Leida Figueroa about the stabbing of an ex-boyfriend at her home in July 2012, the Maple Shade woman made her own request.

Noting her clothing was blood-soaked, Figueroa asked if she could wash up and have something clean to wear. Police gave her what they had available — a bright orange jumpsuit, typically worn by jail inmates — and resumed the interrogation.

But that clothing choice touched off a court battle over whether a jury could see a video of Figueroa's remarks — a dispute addressed by an appellate court Wednesday.

A public defender argued Figueroa's right to a fair trial could be violated if jurors saw her wearing prison garb. He said jurors should be allowed only to hear the audio of her remarks, which lasted for more than three hours.

The Burlington County Prosecutor's Office pushed for the video to be admitted into evidence, saying it would show how Figueroa had re-enacted the stabbing.

The case began in July 2012, when Maple Shade police officers responded to a domestic dispute at a township apartment.

When Figueroa answered the door, the appellate ruling says, "she was covered in blood, as were the walls and floor of the apartment."

The boyfriend was on the floor, bleeding profusely from a laceration and claiming Figueroa had kept him in the apartment for about 30 minutes after the stabbing, says the ruling. He was treated for his wound at an area hospital.

In her recorded statement, Figueroa repeatedly said she had acted in self-defense and was the victim of prior domestic violence. But several weeks after the incident, she was charged with aggravated assault, criminal restraint and weapons offenses.

Superior Court Judge Charles Delehey in November 2014 ruled against showing the video to jurors, saying Figueroa's "right to a fair trial, one in which she will not be displayed in jail attire, is paramount."

The prosecutor's office asked Delehey to reconsider, saying it would offer a black-and-white version edited to remove letters on the jumpsuit that indicated it was prison garb. The judge declined, saying Figueroa still would appear "in a stark, windowless room without decoration … clearly a police interrogation room."

But that view was rejected Wednesday by a two-judge appellate panel. The appeals court ruled Delehey incorrectly likened Figueroa's appearance in the video "to a defendant appearing in similar garb during trial."

The appellate ruling noted defendants and witnesses can't be compelled to wear prison clothing in court, but said Figueroa's video did not merit that protection. It found “there was no risk that by viewing the video, the jury would be influenced by anything other than evidence introduced at trial.”

It also said Delehey was wrong to bar the video from evidence.

The ruling noted the video would allow jurors to consider Figueroa's demeanor while she spoke to police "and her limited re-creation of the stabbing."

"The mere possibility that evidence could be prejudicial does not justify its exclusion," the ruling added.

The ruling said jurors could see a black-and-white version of the statement, edited to remove prison references on the jumpsuit. It noted the judge could instruct the jury that Figueroa's appearance during the video "is irrelevant to the jury's consideration of the evidence."

The prosecutor's office welcomed that view. "We are pleased that the appellate division agreed with our arguments," said Prosecutor Robert Bernardi.

Jim Walsh; (856) 486-2646; jwalsh@gannettnj.com