RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R.1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2747-15T4
NEW JERSEY DIVISION OF
CHILD PROTECTION AND
PERMANENCY,
Plaintiff-Respondent,
v.
J.P.,
Defendant-Appellant,
and
C.P., C.R. and T.R.,
Defendants.
_____________________________________
IN THE MATTER OF F.R., S.P.,
and S.R.,
Minors.
_____________________________________
Submitted June 6, 2017 – Decided September 6, 2017
Before Judges Rothstadt and Sumners.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Camden County,
Docket No. FN-04-102-16.
Joseph E. Krakora, Public Defender, attorney
for appellant (Anthony Van Zwaren, Designated
Counsel, on the briefs).
Christopher S. Porrino, Attorney General,
attorney for respondent (Melissa Dutton
Schaffer, Assistant Attorney General, of
counsel; Angela N. Domen, Deputy Attorney
General, on the brief).
Child and Family Advocacy Clinic, Rutgers Law
School, attorneys for minor S.P. (Meredith L.
Schalick, Law Guardian, on the brief).
Joseph E. Krakora, Public Defender, Law
Guardian, attorney for minors F.R. and S.R.
(Christopher A. Huling, Designated Counsel and
on the brief).
PER CURIAM
In this Title 9 case, defendant J.P. (Jim)1 appeals from a
November 5, 2015 fact finding order. We affirm substantially for
the reasons stated by Judge Donald J. Stein in his oral opinion
issued at the close of the fact finding hearing on the same date.
We summarize the relevant facts as follows. The Division of
Child Protection and Permanency (Division) did not present any
witness at the fact finding hearing to prosecute its claim of
abuse or neglect against defendant and C.P. (Cindy), but relied
1
We use initials and pseudonyms to protect the identity of the
child that is the subject of this action.
2 A-2747-15T4
upon documents2 admitted into evidence with defendants' consent.
Cindy presented the hearing's sole witness, her mother, who did
not witness the incident in question.
Sixteen-year-old F.R. (Fay) was under the care of Cindy, her
half-sister, and defendant, Cindy's husband. Also living with
them was J.L. (Jackson), Fay's seventeen-year-old boyfriend. When
Cindy learned through looking at text messages on Fay's cell phone
that Fay and Jackson were having sexual relations, a plan was
designed to discipline them. Cindy picked up Fay and Jackson from
a friend's house after they finished work at local amusement park.
When they got home, Cindy directed Fay and Jackson to enter the
house through the back door, instead of their usual habit of using
the front door. After entering the house, Fay's grandfather, M.L.
(Myron), struck Fay with a belt in the face and body, and then
started to hit Jackson. Defendant then began chocking Fay with
her purse strap and pressed his knee against her neck. He
continued to choke Fay despite her plea that she could not breathe
because she was choking on the gum in her mouth.
When defendant diverted his attention to Jackson, Fay was
able to leave the house and run to a nearby liquor store to call
2
The Division's investigation report, photographs of victim's
injuries, physician's curriculum vitae and evaluation report of
victim, victim's hospital records, and police report.
3 A-2747-15T4
911. Defendant caught up with Fay in the store, called her a
"whore" and "slut," and punched her in the face with a closed
fist. He left before the police arrived.
Fay was taken to the hospital where she was put in a neck
brace, and was diagnosed with a closed head injury and multiple
contusions. The beating left her with linear marks on the side
of her forehead, two large bruises on the inner thigh of her left
leg, swelling on the side of her forehead, and scratches on her
face and arm.
The same night of the incident, defendant told the Division
caseworker that the incident occurred because of Fay's and
Jackson's sexual relationship. He stated that he slapped her at
the liquor store because she cursed at him and gave him the middle
finger.
Judge Stein found that in accordance with N.J.S.A. 9:6-
8.21(c), defendant, along with Cindy, abused or neglected Fay by
inflicting excessive corporal punishment that caused actual
physical harm.
On this appeal, defendant presents the following single-point
argument:
THE COURT IMPROPERLY EVALUATED THE EVIDENCE
AND THE CREDIBILITY OF WITNESSES IN APPLYING
THE LAW TO DETERMINE WHETHER [DEFENDANT]
COMMITTED AN ACT OF EXCESSIVE CORPORAL
PUNISHMENT.
4 A-2747-15T4
Defendant specifically argues the judge did not adequately credit
accounts of the incident given by him, Cindy and Myron, and that
"uncorroborated statements by [Fay] were given too much weight,
causing severe prejudice to [defendant.]"
In light of the record, defendant's appellate contentions are
without sufficient merit to warrant discussion in a written
opinion. R. 2:11-3(e)(1)(E).
Affirmed.
5 A-2747-15T4
DCPP VS. J.P., C.P., C.R. AND T.R.IN THE MATTER OF F.R., S.P., AND S.R.(FN-04-102-16, CAMDEN COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
Combined Opinion