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Christopher Blank, 42, has been appealing his case in State and Federal courts ever since 2008, when he was convicted of shooting Egg Harbor Township officers in a motor vehicle stop.
In his latest appeal, Blank claimed that the trial judge -- Superior Court Judge Michael Donio -- denied him a fair trial by refusing the jury’s request, during deliberations, to remove a safety device attached to the gun used in the shooting, Atlantic County Prosecutor Damon G. Tyner said.
The U.S. 3rd Circuit Court of Appeal rejected that claim on March 30, citing federal precedent that gives trial courts broad discretion in the handling of exhibits.
The Court further noted that Judge Donio did allow “the jury relatively generous access to exhibits, sending the firearm, holster, and ammunition to the jury room," the prosecutor said.
The Court observed that during the 2008 trial, “the State called an expert witness who demonstrated how the specific firearm used in the shooting could be removed from the specific belt worn by the police officer, and Blank’s counsel directly challenged that expert’s testimony and conclusions on cross-examination.”
Blank was a passenger in a car driven by his girlfriend on July 13, 2006, when Egg Harbor Township Officer Christopher Leary stopped the vehicle just after midnight.
When Leary learned Blank was wanted on a warrant, he called for backup and Officer Clear Costantino arrived on the scene.
As Leary tried to handcuff Blank, he broke free and ran toward a nearby vacant house.
In the yard of that home officers caught up with Blank, who struggled with them before pulling the gun from Costantino’s holster and shooting her in the abdomen and thigh.
Blank also shot Leary in the chest, but that officer’s bulletproof vest protected him from serious injury.
Officer William Loder confronted Blank a short time later and ordered him to drop the gun, but Blank fired back, missing Loder by inches. Loder then returned fire and wounded Blank in the arm.
After Blank ran off, he was captured hours later with the help of a police K-9.
Blank is currently serving his time in New Jersey state prison.
Atlantic County Deputy First Assistant Prosecutor Mario C. Formica, who is prosecuting the case, released the following statement:
“I am very pleased with the Court’s opinion as it represents yet another judicial imprimatur that the defendant received a fair trial, and that he was justly convicted and sentenced for his vicious attack on 3 brave police officers."
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