Prosecutors asked the state’s highest court to consider reinstating the gangster’s 2009 murder conviction. The conviction was overturned and sent back for a new trial after by the state appellate court in August. The state Supreme Court entered a denial today, saying they will not consider the matter.
Jose "Boom Bat" Negrete, waits at the defendant table for his trial to get underway at the Mercer County Courthouse in Trenton on Monday, Sept. 29, 2008. TRENTON – The state Supreme Court will not consider the case against Latin Kings gang leader Jose “Boom Bat” Negrete, according to a decision signed by Chief Justice Stewart Rabner this week.
Prosecutors asked the state’s highest court to consider reinstating the gangster’s 2009 murder conviction. The conviction was overturned and sent back for a new trial after by the state appellate court in August. The state Supreme Court entered a denial today, saying it will not consider the matter.
The appellate court found that because a juror in Negrete’s trial, identified as juror No. 8, told the others during deliberations that he had known the father of Dotson’s children and his girlfriend knew the people who were taking care of the children after their mother’s death.
Following the decision, Negrete, who also goes by the nickname “BoomBap” in court papers, was held in lieu of $2 million bail while he awaits the new trial on charges of murder, attempted murder and conspiracy to commit murder connected to the 2004 execution-style killin of Jeri Lynn Dotson.
Negrete’s attorney Mark Fury did not immediately return calls left at his office.
The Mercer County Prosecutor’s Office declined to comment about the state supreme court’s decision not to hear their argument.
Last year Assistant Prosecutor Tom Meidt said many of the state’s witnesses are still available to testify. If the case goes to trial again, it would be the third time a jury would hear the evidence. The first time, in 2008, the jury was unable to make a decision about Negrete’s guilt or innocence.
The state alleges that Negrete sent three gang members to kill Dotson, a 23-year-old mother of two, because she had witnessed the abduction and attempted murder of another gang member. Her body was found near inside her Trenton home with her two young children.
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