Defense Attorney: Prosecutors on Accused Bathtub Murderer Case Violated Court Order

One question was at the heart of the Miranda hearing for accused murderer Kleber Cordova, when it resumed on Thursday, Sept. 9: Did prosecutors violate the law in speaking with a witness? 

Cordova, who is accused of drowning his wife in a bathtub in a Western Avenue apartment two years ago, sat with headphones on as a translator delivered to him in Spanish arguments between prosecutors and defense attorneys. At issue was whether prosecuting attorneys had violated a directive from Judge Thomas V. Manahan that Betty Ortiz, an employee with the state Division of Youth and Family Services, not speak with anyone about the case following her witness testimony last month.

"My client's constitutional rights exist throughout these proceedings," Jessica Moses, the attorney defending Cordova, said to the judge. "If, in fact, they were so concerned with [Ortiz's] truthfulness, having been aware of the court's order, why didn't they just come back in?"

At issue, Moses said, was that the sequestration order had indicated Ortiz was not to speak with anyone. Moses said the prosecution did speak with Ortiz "regardless of a court order barring them from doing so."

"This slowly but surely would chip away at everyone's rights," she said. "The state made its own determination and would proceed regardless of what protocol was appropriate."

Prosecuting Attorney Maggie Calderwood immediately took issue with the accusations when given her opportunity to speak: "We're pretty much accused of committing a crime. Sorry if my voice gets loud. I am upset."

Calderwood said a question of Ortiz's truthfulness in testimony prompted the additional questioning of the witness. "We have such an enormous responsibility to make sure witnesses are not giving false statements," she said. "Our thinking would not be to intentionally violate a court order."

While the directive technically requests witnesses not to talk to anyone, Calderwood took it to mean other witnesses. When she spoke with Ortiz, she did so away from anyone else, including Morris County Prosecutor's Office Detective David Frisk, who is a witness. 

While Ortiz had previously said she had read and signed off on a complaint through DYFS "now she says she didn't read the complaint," Calderwood said. "She's hedging on the stand. In this situation, we felt obligated to speak to this witness; it wasn't done nefariously."

Manahan said, while he would have hoped prosecutors had first contacted him regarding the issue, "I still do not find they conducted in bad faith.

"The court does not find Ms. Ortiz violated sequestration given the circumstances," the judge said, adding that the court would allow both sides to go over with Ortiz what took place at a later hearing, before the actual trial begins.

Also, Manahan said Ortiz's testimony could still be disqualified later if the court sees fit to do so. "I have not closed the door on that," he said.

The Miranda hearing is scheduled to resume at 9 a.m. Oct. 22.