The self-defense assertion of a Mays Landing woman accused of killing her husband should have been considered at her detention hearing, an appellate court found last week.
David Wigglesworth, 57, was naked and watching television when he was killed, the state claims.
Written statements from both the couple's grown son and the victim's brother talked of his violence and abuse.
Defense attorney Melissa Rosenblum countered, saying her client told the police of her husband's abuse throughout their marriage.
"So I think that that can't be ignored when we're talking about what danger potentially she is to the community or whether she's going to obstruct justice," Rosenblum said at the hearing.
The appeals court agreed.
"That information is relevant to a consideration whether defendant poses a danger to the community or a risk of flight or obstruction to justice," the panel wrote. "It was a mistaken abuse of discretion not to consider defendant's evidence of self-defense."
Dangerousness to the community and likelihood to flee or obstruct justice are considered in whether to detain a defendant pretrial under bail reform. A public safety assessment scores them on a scale of one to six on prior failures to appear and risk of new criminal activity.
Wigglesworth scored a one on each, the lowest possible score. But a murder charge is one of the few that comes with a presumption of detention, which the judge ruled had not been overcome.
The judge now must submit in writing amplified findings and a statement of reasons to the appellate court by Thursday.
An extension was requested due to Judge Wild's schedule, Judge Bernard DeLury, who heads the criminal courts for Atlantic and Cape May counties, said during a brief court hearing Monday.
Wild must now consider the self-defense evidence in her written explanation.
"We also note the court gave no reasons for finding defendant was a flight risk or would attempt to obstruct or obstruct the criminal justice process," the judges wrote. "On remand, the court shall provide its reasoning for those determinations as well."
Wigglesworth will remain jailed pending this process.
The case is being presented before a grand jury for indictment, Chief Assistant Prosecutor Seth Levy told DeLury during Monday's hearing.
"There is one last avenue of investigation that we're following up on," he told the judge when asked if there was a set date. "One way or another, once we're done with that, we'll move to indictment."
Rosenblum said when that happens, she will send a letter regarding exculpatory evidence to have presented to the grand jurors. That would likely include photos of the defendant's bruises, which were presented as evidence of self-defense during the detention hearing.
PHOTO: Marylue Wigglesworth appears in court Monday with attorneys Jonathan Diego and Melissa Rosenblum.
