A NJ state appeals court has ordered a new trial for a man convicted of a robbery outside the Bridgewater Commons mall in Bridgewater, New Jersey.
Late last month, appellate judges reversed a 2010 conviction of 23-year-old Davon Cody. The judges found that the presiding judge in Mr. Cody’s trial gave erroneous instructions to the jury. The jury instructions related to Mr. Cody’s alleged confession and the testimony of his co-defendant in the case.
After the trial, Mr. Cody was sentenced to a term of imprisonment of nine (9) years.
Mr. Cody and his co-defendant, a juvenile identified only as “D.P.,” were accused of attacking and robbing a 17-year-old girl in the Bridgewater mall parking lot. According to authorities, the victim was punched in the face and had her purse stolen during the robbery.
Later, Mr. Cody was interviewed at police headquarters. Although Mr. Cody allegedly provided a confession, technical errors left authorities without any recordings of the interview. The appellate court said that the video recorder had been accidentally set to the wrong channel during the interview. Additionally, the appellate court noted that detectives took no notes during the interview.
At trial, the judge advised the jury that Mr. Cody had made a statement during the unrecorded interview. The appellate judges found this to be a mistake meaningful enough to warrant a new trial.
For more information, read the NJ.com article entitled “Appeals Court Orders New Trial in Bridgewater Commons Mall Robbery.”
