The evidence in question is a cell phone belonging to Tejay Johnson, a former Rutgers player charged in three armed robberies and an assault in New Brunswick.
NEW BRUNSWICK -- The cases against seven college students, including two former Rutgers football players, charged during the investigation into a string of home invasions and an assault two years ago have stalled.
Attorneys for the five men and two women, who crowded on the left side of the courtroom, and Assistant Prosecutor Deborah Hay agreed Monday morning saying, despite talks of plea deals and pre-trial intervention, the cases will not move forward until Superior Judge Dennis Nieves rules on a critical piece of evidence in the case.
Attorneys for seven current and former Rutgers students facing various charges appear in court Monday, March 6, 2017. The evidence in question is a cell phone belonging to Tejay Johnson, a former Rutgers player charged in the three armed robberies and an assault in New Brunswick. The phone is said to contain pictures and text messages detailing the heists, according to authorities.
However, Johnson's attorney, Ian Goldman, has questioned whether or not the records were obtained properly and can be used in as evidence in the case.
Four more witnesses still need to testify on the motion before he can rule, Nieves said.
"I do think the motion is driving the ship," Hay said in court Monday.
Howard Greenberg, the attorney for Lloyd Terry Jr., will file a motion to be removed from the case after saying in court Monday that Terry has failed to pay more than half of his defense bill.
"I think there is enough time to have me replaced by a public defender," Greenberg said.
Terry, 21, did not appear in court.
Defense attorney, Howard Barman, told the judge he wasn't aware his client Andre Boggs would have to appear until the pending motion was addressed. Boggs, 21, lives about three hours from New Brunswick in Coatesville, Pa., Barman said.
Two other former Rutgers students, Jianan Chen, 20, of New Brunswick, and Dylan Mastriana, of Rio Grande, appeared and are accused of helping plan the robberies.
"He's doing great," attorney Joseph Benedict said outside the courtroom of Mastriana, who will turn 21 on Tuesday. "He's in school and has a part-time job. He's a good kid."
Also appearing in court were Dominick Chiang, of New Brunswick, and Chen's girlfriend, Joyce Yi, of Palisades Park, who were charged during the investigation after police allegedly found large quantities of cash and drugs in a house shared by the two, and Daniel Bak and Chen.
The original charges painted a picture of a drug-selling partnership between the roommates.
Trirmad Ariyawansa appeared in court Monday afternoon where he pleaded guilty to a lesser charge of fourth-degree conspiracy in front of Nieves as part of a plea deal on his drug charges. Ariyawansa was sentenced to PTI for two years in exchange for his testimony against Chiang and Chen on drug deals if their cases go to trial.
Bak was sentenced to three years probation on a drugs conviction. Bak, Chiang and Yi were not charged in the home invasions.
Yi, who is set to graduate from Rutgers in May, has been offered pretrial intervention but has not accepted the state's conditions, which were not disclosed, according to her lawyer.
Kaylanna Ricks, 21, of Perth Amboy, was in court as well. She allegedly drove the getaway car for Boggs and Johnson in a botched robbery.
All seven are scheduled to appear in front of Nieves on June 3. A ruling in Johnson's case is expected to come sometime over the next two months.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.