Conviction tossed, new trial for NJ man serving 90 years in stepdaughters' sexual assault
The conviction of a Perth Amboy man serving 90 years in prison for sexually assaulting his two stepdaughters over eight years has been overturned by a state Appellate Court.
Jose Miranda, 42, will have a new trial on charges he committed multiple acts of sexual abuse on the two girls when the family lived together in Perth Amboy from March 2010 to April 2018.
One of the girls was less than 9 years old and the other was in second grade when the alleged abuse began.
Following a trial in October 2019 before Superior Court Judge Colleen Flynn in Middlesex County, Miranda was sentenced to 90 years in state prison on 11 counts of sexual abuse with 25 years of parole eligibility.
But on Monday the Appellate Court reversed the conviction and ordered on new trial, ruling that a question the judge asked during jury selection was "unnecessarily confusing."
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The judge asked the jurors if they believed that in sexual assault cases the prosecution had to produce physical or biological evidence to prove the charges or would testimony be enough, without the physical or biological evidence, to prove the charges beyond a reasonable doubt.
The Appellate Court ruled that the question favored the prosecution because it implied the jury could convict Miranda despite the lack of physical or biological evidence but did not ask the potential jurors if they understood that reasonable doubt could be raised by the lack of that evidence.
During the trial both girls testified about acts committed by Miranda.
The elder stepdaughter testified that the sexual abuse began one week after Miranda moved into the house when she was 9 years old.
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She also testified that if she wanted lunch money, food, "random stuff, anything," she was required to provide sexual favors.
She also said she did not disclose what Miranda was doing because she didn't want to "destroy" the family, court papers say.
The other stepdaughter testified the abuse occurred at home in her mother's and sister's bedrooms and in Miranda's car in the parking lots of Walgreens, Wegmans and ShopRite.
The younger stepdaughter also testified that when police first asked her about what her sister had alleged, she did not say what Miranda did to her because she "was scared … and so worried." And, according to court papers, she did not tell her mother because she did not believe what her daughter was saying about Miranda.
Eventually the younger stepdaughter confided in her brother who then contacted police.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.
This article originally appeared on MyCentralJersey.com: NJ man convicted of stepdaughters' sex assault gets new trial
