A judge reserved decision Friday on whether to reduce bail on a man facing a second trial for killing his parents in 2008.
NEW BRUNSWICK -- A 27-year-old South Brunswick man, facing a second trial for allegedly strangling his parents in 2008, asked a judge on Friday to lower his bail from $1 million to $350,000.
Michael Maltese, who was convicted in 2010 of passion provocation manslaughter in the death of his father, Michael J. Maltese, and murder in the death of his mother, Kathleen Maltese, sought the lowered bail from Superior Court Judge Dennis Nieves, who reserved decision.
Maltese's convictions for killing his parents were overturned by the N.J. Supreme Court last summer. The court ruled police improperly obtained his confession.
The justices, however, did uphold his convictions for second-degree desecration of human remains, tampering with evidence, third-degree hindering apprehension, fraudulent use of a credit card and other charges.
The Supreme Court ruled that Maltese's confession was inadmissible because investigators lied to Maltese when they told him the video in the conference room where they were questioning him would be turned off when they permitted him to talk to his uncle before he talked to investigators.
The first judge in the case, Judge Bradley Ferencz, had suppressed use of the portion of the video recording made of Maltese talking to his uncle, but did not suppress Maltese's statement to police made after the meeting.
Maltese was transferred from a state prison, where he was serving 64 years in prison stemming from his 2010 convictions, to the county jail, after his murder and manslaughter convictions were overturned. When he arrived at the county jail, his bail was set at $1 million.
His attorney, Heather Timmons, a public defender, argued he would remain in the community, but Middlesex County Assistant Prosecutor Christine D'Elia, who prosecuted him in 2010, argued that "now that he's been in prison for a few years, he knows what's facing him (implying he might flee)."
Maltese testified during his trial that he killed his father on Oct. 8, 2008 after the elder Maltese started an argument and attacked him. Maltese said he endured a long history of verbal and physical abuse from his father.
However, the defendant claimed it was his girlfriend, Nicole Taylor, then-23, who killed his mother.
Taylor, who was living with the Maltese family, testified she restrained Kathleen Maltese as the father and son were wrestling on the floor. Taylor said that when she released Kathleen Maltese, the mother and son fought before Michael Maltese killed her.
Taylor pleaded guilty to two counts of accomplice to manslaughter and is serving a 10-year prison sentence.
According to trial testimony, after he killed his parents, Maltese carried their bodies into the bathroom, stripped them of their clothes and placed plastic bags over their heads. He then placed their bodies into the trunk of his parents' Jaguar and drove them to a nearby park where he buried them.
Then he and Taylor went on a spending spree with the parents' credit cards, according to trial testimony.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.