Closing arguments given in Parsippany sex assault trial
by Jim Lockwood
Wednesday March 18, 2009, 1:50 PM


Eric C. Rangel, accused of sexual assault of an 18-year-old woman on a Parsippany street, in court Thursday.That Eric Rangel attacked an 18-year-old woman on a Parsippany street two years ago is not being contested in his trial in Superior Court in Morristown, his attorney said today in closing arguments.

But defense attorney Neill Hamilton argued that the first- and second-degree charges against Rangel are too severe for what actually happened.

Citing trial testimony, Hamilton said the woman had not been sexually assaulted by Rangel, his DNA was not found on her private parts, and she also had lied about drinking alcohol at a party prior to the attack. She also was not credible because she first told authorities she was "unsure" whether she was sexually assaulted, but later said she was, Hamilton said. Hamilton said given these these factors, the jury should acquit Rangel on at least the two most serious charges.

"Jurors act as both a sword and a shield," to mete out punishment and "shield defendants from the over-reaching of government," Hamilton told the panel. "It's important to get it right."

Morris County Assistant Prosecutor Meg Rodriguez, in her closing argument, cited the woman's testimony that Rangel chased her down, punched her repeatedly in the face, and ripped off her pants and sexually assaulted her with his fingers. He was attempting to insert his genitals, but the assault was stopped when a Parsippany police officer arrived and kicked Rangel off the woman, Rodriguez said.

The woman, who was a high school student at the time of the incident, had been beaten so badly that she had to play dead to get Rangel to stop punching her, Rodriguez said. Rodriguez also again played in court for the jury the three-minute 911 the woman made on her cell phone as Rangel chased and attacked her.

"She ended up beaten, bloodied, bruised and underneath that man in the bushes," Rodriguez said. "He's found on top of her -- literally caught with his pants down."

The jury is expected to begin deliberations this afternoon, after the judge is done giving a lengthy set of jury instructions to the panel.

Rangel, 21, an undocumented Mexican immigrant, was indicted on charges of first-degree aggravated sexual assault, second-degree attempted aggravated sexual assault, sexual assault and aggravated assault and fourth-degree obstruction, in connection with the April 22, 2007 attack at 3 a.m. on North Beverwyck Road in Parsippany.

Hamilton believes the crime was perhaps a third-degree aggravated criminal sexual contact, which is punishable by three-to-five years in prison. In comparison, the first- and second-degree crimes each are punishable by up to 20 and 10 years, respectively.

Rodriguez urged the jury to convict Rangel on all counts. In all, Rangel faces some 50 years in prison, though some counts may merge for sentencing purposes. The judge also decided to instruct the jury that it could consider the lesser third-degree charge, as well as simple assault.


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