Second & third paragraph from the last read: "Pinchak is presenting a diminished-capacity defense, arguing that Raso suffered from a "mental disease or defect" that made it impossible for him to act with criminal intent when he killed Turek."

"Pinchak blamed Raso's mental state on a history of psychiatric problems and heavy doses of the antidepressant Prozac."
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Judge refuses to move slaying trial
Asbury Park Press (Neptune, NJ)
January 28, 2000
Author: CAROL GORGA WILLIAMS/TOMS RIVER BUREAU
Estimated printed pages: 3

TOMS RIVER - Superior Court Judge James N. Citta yesterday refused to relocate or postpone the trial of a Brick murder defendant, whose case was mentioned on a television news program, saying the recent coverage surrounding the case has been "unremarkable."
Public Defender James Pinchak yesterday asked Citta to move or adjourn the case against Ralph A. Raso Jr., citing a "20/20" television show broadcast Jan. 15 that focused on a different Brick homicide case - the shooting of John C. Flynn by his wife, Sylvia.

In the course of that ABC broadcast, the case of Raso - accused of killing Joanne Turek in 1996 - also was mentioned. In that case, Raso told Brick Patrolman Jeffrey DeSimone two weeks before the murder that he was considering killing her. DeSimone, however, never told authorities.

Raso was sentenced in 1997 to life in prison for the murder of Turek, 44, of Dover Township. She had ended their 10-year relationship two weeks before her slaying on Sept. 8, 1996.

However, Raso's conviction was reversed last year by an appellate panel that found the jury may have been swayed by "unsubstantiated and unreliable" psychiatric testimony.

His second trial is scheduled to start Tuesday before Citta, who has been conducting pretrial hearings last week and this week.

Pinchak said that his motion for change of venue was difficult to sustain, considering "20/20" is a national news program - and was presumably viewed outside as well as inside Ocean County.

Pinchak said the unfavorable publicity really stemmed from Asbury Park Press stories alerting readers to the upcoming broadcast.

"That would alert the people in Ocean County specifically these are local cases that are going to be important because they are on `20/20,'" Pinchak said. "Even if the court denied the motion, it is important to alert the court this is something that has to be dealt with during jury selection."

Senior Assistant Ocean County Prosecutor William P. Cunningham argued against a change of venue, noting the trial was delayed several weeks when the judge became ill with the flu, and then again, when Pinchak unexpectedly presented a series of pretrial motions.

The broadcast did not focus on the Raso case, Cunningham said.

"If anything, it was a footnote to the Sylvia Flynn case," Cunningham said.

Pretrial publicity, he said, has not been excessive.

"This is normal stuff when you have a trial coming up," he said. "Let's face it, it's yesterday's news."

Citta said he would question potential jurors about whether they have developed an opinion about the case because of the publicity. But he refused to bus in jurors from another county or delay the trial further, saying there is no indication Raso's case was prejudiced by the coverage.

"I think it is clear from the demographics of Ocean County, along with Mr. Cunningham's argument, that our propensity in America today is to deal with information on such a fast basis, that it is yesterday's news. It is fleeting."

Pinchak is presenting a diminished-capacity defense, arguing that Raso suffered from a "mental disease or defect" that made it impossible for him to act with criminal intent when he killed Turek.

Pinchak blamed Raso's mental state on a history of psychiatric problems and heavy doses of the antidepressant Prozac.

Raso admitted stabbing Turek while she was in bed at her home on Jill Court in the Silverton section of Dover Township when she refused to give their troubled relationship another chance.

Carol Gorga Williams: (732) 557-5732 or at carolg@app.com.
Section: B
Page: B02