A New Jersey appeals court has overturned a 20-year prison sentence for a Newark man convicted on charges he tried to sexually assault a woman in 2016 in Middlesex County.
A request by Kevin L. Bethea, 62, to replace his public defender with a private attorney was not properly reviewed prior to the trial that led to his conviction in 2021.
The trial judge ignored key legal standards meant to protect a defendant’s right to fair representation, an error serious enough to invalidate the entire trial, the appeals court said in a ruling released Thursday.
The charges against Bethea include second-degree attempted sexual assault of a longtime acquaintance at a Carteret home.
According to court documents, Bethea raised concerns about his public defender’s performance just as jury selection was underway.
His attorney also told the court that she was overwhelmed, preparing for both Bethea’s trial and a parole hearing at the same time.
During a hearing before jury selection, Bethea told the judge his public defender had failed to file a single motion on his behalf over the course of five years, despite his repeated suggestions and input about how he wanted his case handled.
The trial judge denied the request without fully exploring Bethea’s reasons or how long a delay might be needed, according to the appeals court ruling.
The appeals court also noted that Bethea’s defense may have been harmed by his lawyer’s failure to challenge key parts of the victim’s testimony or to present evidence that could have supported his case.
The court also said that jury instructions in the original trial were flawed in a way that could have affected the verdict on the terroristic threats charges.
Bethea’s convictions were vacated and the case has been sent back to the lower court for a new trial.
A spokesperson for the Middlesex County Prosecutor’s Office said, “We will abide by the judgment of the court.”
The New Jersey Office of the Public Defender declined to comment on the case.
Stories by Colleen Murphy
Thank you for relying on us to provide the local news you can trust. Please consider supporting NJ.com with a subscription.