MAYS LANDING, N.J. (AP) - An appeals court has ordered a new trial for a New Jersey attorney convicted almost three years ago of having endangered the welfare of a child.
NJ.com reports that the appellate panel issued an Oct. 9 ruling faulting the judge’s instructions to the jury that convicted David Alcantara of second-degree endangering the welfare of a child in January 2018.
Prosecutors alleged that Alcantara began endangering the girl in 2005 when she was 10-years-old through such things as unwanted physical contact, and the conduct continued through 2012, when she contacted police.
The appeals court ruled that the judge’s instructions to the jury “did not sufficiently impress on the jurors that they were required to share a common view of the material facts.” The panel said a jury with such instructions could convict even if jurors didn’t agree on what the actual sexual misconduct was alleged to be.
There was no immediate word on when a new trial might be held. Atlantic County prosecutors couldn’t immediately be reached for comment.
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