TRENTON, N.J. (1010 WINS) — An appeals court overturned the murder conviction of a 25-year-old man who was accused of fatally shooting a 16-year-old girl in 2016 — cutting short his 55-year sentence.
Peter Charles Jr. was 17 years old at the time of the Trenton killing, but he was tried as an adult in 2018.
He was serving his prison term when his case was overturned. Now, the Mercer County Prosecutor’s Office will have to retry the case if they choose to pursue charges against Charles.
Ciony Kirkman was shot and killed while riding in a stolen minivan with other teens in April 2016.
Lead detective Patrick Holt lied about video showing the shooting, identifying with certainty Charles as the person depicted in the video despite lacking any factual basis for the assertion, according to the appeals judgement.
He also implied witnesses who did not take the stand had identified Charles as the shooter, which is not allowed under hearsay rules and violated Charles’ Constitutional right to confront witnesses.
The court also found a recording that was used in the trial of a witness identifying Charles as the shooter indicated Detective Nancy Diaz had spoken to the subject before the recording started, opening the door for coaching or undue pressure.
The other component of the argument to overturn Charles’ conviction hinged on the poor representation he received from his attorneys.
His lawyers failed to cross examine Holt and did not call any witnesses.
They also failed to bring up the fact that Charles had been diagnosed with multiple mood and learning disorders. In 2004, he was deemed to have an IQ of 76 — a fact that could have changed his sentencing outcomes.
The appeals court found that the numerous missteps at trial influenced the outcome and led to a conviction for murder, attempted murder, assault and related charges.
The Mercer County Prosecutor’s Office told NJ.com it is still evaluating whether it will pursue charges against Charles a second time.
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