Acquittal Petition Hearing Is Scheduled in N.J. Sexual Assault Case (State v. Horton)

FREEHOLD, NJ / ACCESSWIRE / September 3, 2021 / The case of State of New Jersey v. Franklin Horton in the Monmouth County, New Jersey Superior Court, concerning first and second and fourth degree charges on alleged sexual assault of an underage girl was issued a schedule order for an acquittal petition hearing on Sep. 15, 2021, before successor-bench, Judge Torregrossa-O’Connor. This criminal proceeding follows the recusal of the original judge, and prosecutor; and state agency, Division of Family Youth & Family Services (DYFS), closing the (parallel) administrative action against the defendant amid criminal trial process.

However, after three years since the grand jury indictment in the case of State of New Jersey v. Horton (Monmouth Co., N.J. Supr. Ct., Crim. No. 18003427), this month’s upcoming hearing will highlight the defendant arguments to confront the lack of equal rights protection and due process rights in general, as delay of a having jury trial (in any instance) also denies the public any resolution to the case- be it incarcerating a dangerous sex offender in the community, or acquitting an innocent Black man.

If convicted, the defendant, Franklin Horton, a 68-year-old African-American landscaper from West Long Branch, N.J., stands to spend 25 years to life in prison. But presently it has been more than three years since Horton was originally arrested, indicted, and jailed.

Court papers show that the State v. Horton allegations were (first) raised by the uncle of the alleged victim around six months after her thirteenth birthday in 2018. The court record shows that the underage Caucasian girl told DYFS (child protective services) that she was 13 when the initial sexual encounter with Horton occurred. But subsequently, the grand jury hearing testimony from this same victim ‘led’ the court on belief that the alleged aggravated-assault occurred before her thirteenth birthday.

About Robert Peterson & Fields Associates PC

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Supporting Media Source(s): State of New Jersey v. Franklin Horton (Petition for Judgment of Acquittal, Aug. 9, 2021, filed by Defense Attorney, Albert N. Kapin (view legal document)

Contributing Writer: Kaylen Jackson (freelance writer)

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SOURCE: Robert Peterson & Fields Associates PC

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