February 13, 2007

Heidgen Verdict Will Stand

Judge denies motion, sets sentencing date

MINEOLA, NY - A Nassau County judge has denied a defense motion seeking to set-aside the murder conviction of Martin Heidgen based on allegations of juror misconduct. After listening to the testimony of five jurors and denying the motion, Nassau County Court of Claims Judge Alan L. Honorof announced that Mr. Heidgen would be sentenced February 28.

“I am confident this verdict will continue to withstand any challenge to its credibility or to its legal sufficiency,” said Rice. “Two weeks from now this defendant will finally be held accountable for what he’s done.”

A Nassau County jury found Martin Heidgen guilty of murder, assault and DWI on October 17 of last year after more than five weeks of testimony and four days of jury deliberation.

Days later Mr. Heidgen’s attorneys filed a motion seeking to set-aside the convictions based on alleged juror misconduct. In an effort to ensure the rights of the defendant, the integrity of the process and the credibility of the verdict, the District Attorney requested a hearing of limited scope regarding a small portion of the unsubstantiated allegations. Last week, the judge granted the hearing of limited scope and said the remaining allegations are “either prohibited by general rule, are too speculative, or are unsupported allegations insufficient to warrant further inquiry.” (People v. Heidgen, Judge Honorof, February 2, 2007)

Mr. Heidgen faces a maximum sentence of 25 years-to-life in prison, a term Nassau County District Attorney Kathleen Rice has called for. The minimum sentence Mr. Heidgen can receive is 15 years-to-life in prison.

Assistant District Attorney and Chief of the D.A.’s Vehicular Crimes Bureau, Maureen McCormick, and Assistant District Attorney Robert Hayden, also of the Vehicular Crimes Bureau, handled the case for the District Attorney’s Office. Mr. Heidgen is being represented by Stephen LaMagna, Esq., of Garden City.