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Sentinel, Working Copy b7E Chesimard was arrested five miles further south on the Turnpike. recovered at that location. Squire was arrested approximately 40 hours later. Under the criminal justice system in New Jersey, a person charged, such as Joanne Chesimard, is entitled to all of the applicable constitutional rights. Such persons have the right to have their charges right to a trial by jury of his/her peers.. The trial is an adversarial proceeding over which a neutral judge presides and a jury decides the guilt or innocence of the defendant.. The State presents testimony and physical evidence. The State's witnesses can be cross-examined by the defendant's attorney. Then the defendant has the right to present. testimony and evidence. Throughout the criminal proceedings beginning with the arrest of the defendant and continuing forever, a defendant has the right to remain silent and never give a statement or testimony that is against his/her penal interest. At the conclusion of the trial, the. judge instructs the jury on the law and then the jury deliberates alone on the case.. The jury must reach a unanimous verdict in a case.. Following a verdict of guilty, the judge imposes a sentence which the defendant serves. The defendant can appeal to higher courts from the verdict or from the sentence.. Chesimard and Squire were indicted by the Middlesex County (New Jersey) Grand Jury on May 11, 1973. Indictment Number I-1437-72 charged Assault and Battery on a Police Officer, Assault with a Dangerous Weapon, Assault with Intent to Kill, Illegal Possession of a Weapon and Armed robbery. The trial began in 1974; however, Chesimard was severed from the trial when she was diagnosed to be pregnant. She went on trial in New York on an unrelated matter and was returned to New Jersey where she was tried from January 17, 1977 through March 25, 1977.. During the trial, evidence and testimony were presented against Chesimard by the State of New Jersey. Witnesses included Trooper b6 other detectives, medical experts, and other witnesses. Physical b7C evidence, including the guns used in the crimes, was admitted at the trial. Chesimard was represented by four lawyers. The Honorable Theodore Appleby was the judge. The case was tried before and. deliberated by a jury of i2 persons. Chesimard was given the opportunity to cross-examine the State's witnesses, to make various motions and to present evidence and testimony. In short, she was afforded all of the rights that any individual tried for a serious felony would be entitled The jury was instructed that the State was obligated to prove each and every charge against Chesimard beyond a reasonable doubt. The jury returned a unanimous verdict of guilty to all charges, on March 25, of Trooper Foerster to life in prison. Chesimard DoEs noT face the death penalty on any of these charges. On April 25, 1977, Chesimard was sentenced to additional 26 to 33 years by Judge Appleby on the remaining charges. Chesimard filed an appeal to the New Jersey Superior Court,. her escape from the Clinton Correctional Institution for Women (see below). 4 of 6 12/17/2013 10:03 AM