An appeals court has overturned an Edison man's 2011 conviction for beating his brother to death with bricks, ruling James Kucinski, deserves a new trial because the prosecutor in his 2011 trial in New Brunswick kept cross-examining him about why he remained silent when he was questioned by police after his arrest in 2008.
James Kucinski of Edison will get a new trial for the 2008 killing of his older brother who was beaten with a brick. NEW BRUNSWICK -- An appeals court has overturned an Edison man's 2011 conviction for beating his brother to death with bricks.
The three-judge panel ruled that James Kucinski, deserves a new trial because the prosecutor in his 2011 trial in New Brunswick kept cross-examining him about why he remained silent when he was questioned by police after his arrest in 2008.
"We conclude.....that the prosecutor's line of questioning was improper and violated defendant's constitutional right against self-incrimination," the judges said in a 22-page written decision released Monday.
Kucinski, now 60, was charged with the murder of his brother, John, but the jury, following six days of deliberations, convicted him of passion/provocation manslaughter.
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He was sentenced to nine years in state prison and must serve 85 percent or more than seven years and six months of the sentence before he is eligible for parole.
The judges said despite warnings by Superior Court Judge Dennis Nieves, the prosecutor, Middlesex County Assistant Prosecutor Keith Warburton, continued to question Kucinski about his refusal to tell investigators details about the attack or what led up to it, including his brother's attacking him.
In opening remarks of the trial, Kucinski's attorney, Michael Priarone, told the jury James Kucinski killed his brother in self-defense after John Kucinski attacked him in April 2008.
But Warburton said James Kucinski hated his brother John and "beat his brother with such anger, such hatred, and such intent to kill him that you can see the outline of the bricks on the body."
Priarone told the jury his client went to the home to visit his mother, who suffered from dementia and had just returned from a stay in the hospital. But, his older brother, who lived with their mother, stopped him in the driveway, picked up a brick and "attacked him with a fury sufficient to convince James that his life was in danger."
He said James Kucinski picked up a brick "to defend himself."
But Warburton said Kucinski told police his brother was "a scumbag" and to "put me down as a murderer."
Testimony during the trial revealed the brothers argued by telephone about two hours earlier.
"Since the tragic altercation between the defendant and his brother was unwitnessed by a third party, defendant's out-of-court statement and its utilization by the state during the trial played a significant role," the judges said. "Given the significance, we have no confidence in the trial's outcome."
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.
