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A three-judge panel found that detectives lied to Anthony Sims Jr., 32, of Long Branch about why they wanted to question him: for an assault rather than the actual charge of attempted murder.
Sims was tried and convicted in 2017 for allegedly shooting another man 12 times in Red Bank on April 9, 2014, according to earlier news accounts.
The judges said a suspect cannot knowingly waive their Miranda rights if the police do not explain why they are being arrested.
“It was erroneous for the trial court to admit (Sims’) statement at trial,” the judges wrote, according to NJ Advance Media.
The judges found that Sims’ right to confront his accuser was violated when the victim refused to testify at trial and prosecutors instead introduced statements the victim made earlier.
Sims was deprived of a meaningful opportunity to challenge the victim’s statement, the judges said.
The appeals court also found that his sentence of 42 to 50 years for attempted murder and five to 10 years for weapons violations was excessive.
During his interview with police, Sims denied knowing anything about an incident in Red Bank, but then said that he had read a newspaper article about the shooting, according to NJ.com.
Sims at first denied knowing the victim, but then admitted that he knew him by his first name, according to court records.
Statements illegally obtained from Sims during the interview, along with security video from the scene and other evidence, were enough to convince a grand jury to indict Sims, the judges said.
The Monmouth County Prosecutor’s Office is reviewing the appeals court ruling. Charlie Webster, a prosecutor’s spokesman, told the Asbury Park Press that the office plans to appeal Monday's decision.
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