NEWARK – The stateAppellate Division ruled Wednesday that Michelle Lodzinski will notget a new trial in the case of the disappearance and death of her 5-year-old son Timothy Wiltsey, who she claimed disappeared from a Sayreville carnival in 1991.
Instead, the court ruled Lodzinski's conviction for the murder of her son will stand.
"In sum, giving the state the benefit of all favorable testimony and reasonable inferences that can be drawn from that testimony, we conclude there was sufficient evidence to prove beyond a reasonable doubt that defendant purposefully or knowingly caused Timmy's death," the ruling states.
The decision marks a victory for the Middlesex County Prosecutor's Office which tried Lodzinski, formerly a single mother from South Amboy, for the murder of her son in 2016, 25 years after the boy went missing.
A jury convicted Lodzinski in May 2016 following an eight-week trial. Shewas sentenced to 30 years in state prison in January 2017.
READ:Michelle Lodzinski's trip-and-fall case dismissed
“We are very pleased with the affirmance, which comes one day after Timmy’s birthdate. Prosecuting this case was the right thing to do,” Middlesex County Prosecutor Andrew C. Carey said. “I am truly honored to work alongside so many dedicated individuals who tirelessly seek justice for victims no matter how much time has passed.”
But the case may not be over, according to Lodzinski's attorney Gerald Krovatin.
"This conviction was always about emotion, not evidence.The state consistently failed to present any evidence that Michelle Lodzinski caused the tragic death of Timmy Wiltsey. We respectfully disagree with the court’s analysis of the sufficiency of the evidence and the prejudicial handling of jury deliberations. Michelle is disappointed with the court’s decision and is committed to taking her appeal to the Supreme Court,"Krovatin said in an email.
The disappearance and death of Wiltsey had been one of Middlesex County's oldest unsolved cases. Lodzinski, now 51,was long considered the lead suspect in the case.
Wiltsey’s disappearance garnered national attention as people searched for the kindergarten student, who his mother alleged went missing on May 25, 1991. His disappearance was featured on the TV show "America's Most Wanted" and his photo was distributed on missing children's fliers andmilk cartons.
One of his Teenage Ninja Mutant Turtle sneakers was found in October 1991 in a marshy area of Raritan Center, Edison not far from a building where his mother once worked. His skeletal remains were found in April 1992 in the same area.
Krovatin argued before the state Appellate Division for a new trial in April.
He told the three-judge panel there was insufficient circ*mstantial evidence presented by the prosecutor's office for the jury to reach a guilty verdict, there was a lack of due process because the trial was more than 20 years after Timothy disappeared, and the jury foreman's independent research should have led to a mistrial or a new trial.
READ:Michelle Lodzinski murder case — all you need to know
The court decision,however, agreedwith the trial judge "that the record does not support a conclusion that the state deliberately delayed indictments in order to gain a tactical advantage over defendant. At most, the state's failure to show the blanket to more people in 1992, when investigators showed it only to defendant and her parents, evidences negligence."
Middlesex County Assistant Prosecutor Joie Pideritargued in April that the state made it clear the case was based solely on circ*mstantial evidence, there was no delay in due process because the case didn't begin until the blue blanket found with Wiltsey’s remains were identified by three babysitters, and the trial judge removed the jury foreman who conducted his own research and then lied about who he shared the information with. The judge had previously warned all the jurors not to conduct their own research of the case.
Krovatin had argued that Wiltsey’s death could have been an accident, or reckless homicide. He also argued the state failed to provide how Lodzinski might have caused her son's death.
"We agree with the state that there was available proof for the jury to conclude beyond a reasonable doubt that Timmy's death was neither a suicide nor an accident, but rather he was the victim of a homicide," the court ruling states.
"There was also available evidence beyond a reasonable doubtthat defendant placed Timmy's body in the shallow grave. She was the last person seen with him; defendant's landlady testified that she heard defendant and Timmy in the apartment on the morning of the carnival. Items recovered from the area where police found his remains, most significantly the blanket and the Teenage Mutant Ninja Turtle balloon, related back directly to defendant's home. Defendant's conflicting, ever-changing statements made to law enforcement and others during the time Timmy was missing demonstrate at attempt to not only deflect suspicion from her, but to hinder the investigation," according to the court ruling.
But the court also found that while there was proof Lodzinski had the opportunity to commit the homicide and was present and participated in the burial, the state "failed to adduce sufficient evidence that she engaged in conduct that caused his death, much less that she did so purposely or knowingly. Although this presents a close question, we disagree," the ruling states.
Lodzinski left New Jersey after Wiltsey’s death. She was living in Florida with her two teenage sons when she was arrested on Aug. 6, 2014, on what would have been Wiltsey’s 29th birthday, after being indicted by a Middlesex County grand jury. She was charged with one count of murder.
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Lodzinski's indictment followed a cold case review when investigators learned the blue blanket found with Wiltsey’s remains had not been shown to all his babysitters. During the trial, three former babysitters testified they recognized the blanket as belonging to Wiltsey atLodzinski's South Amboy home.
Lodzinski did not testify in her own defense during the trial. She is serving her state prison sentence at the Edna Mahan Correctional Facility for Women in Union Township (Hunterdon).
In May, a lawsuit Lodzinski filed against Middlesex County Sheriff Mildred Scott and three deputy sheriffs, alleging her hand, wrist and other parts of her body werepermanently injured during a February 2016 courthouse trip-and-fall incident, was dismissed without costs against any party.
Lodzinski, however, did receive a $25,000 monetary settlement, according to Middlesex County officials.
Suzanne Russell covers crime, courts and other forms of mayhem from throughout the Central Jersey area for the USA Today Network New Jersey. Contact her at srussell@gannettnj.com.
