Three bank robbers lost their chance to free themselves of their state convictions arising from a 2009 shootout with police after they robbed a bank in Franklin Township and an appeals court affirmed their convictions.
Three bank robbers lost their bid to have state convictions in a 2009 shootout with police in New Brunswick thrown out. File photo NEW BRUNSWICK -- Three men have lost their chance to free themselves of their state convictions arising from a bank robbery and deadly shootout with police in 2009.
A two-judge appellate panel ruled the constitutional right to a speedy trial for James King, James Holmes and Anthony Peterson was not violated because the Middlesex County Prosecutor's Office waited nearly two years to indict them on state charges, allowing the U.S. Attorney's Office to bring federal bank robbery charges against the trio first.
"Based upon our review of the record, it appears that defendants were content with the state's decision to withhold its prosecution until the federal charges were resolved," the two appellate judges noted in their 25-page decision, adding the defense waited almost three and a half years after their arrest and continuous time in jail to file their speedy trial motion.
"During this time, they were fully aware that the state was still moving forward on its charges," the judges said.
Related: 3 sentenced for Franklin bank robbery, shootout with cops
Peterson, 49, and King, 58, also known as Abdhullah Muhammad, both of Newark, were convicted of bank robbery charges, in November 2010, and are serving federal prison terms of 562 months and 225 months respectively. Holmes pleaded guilty to his role in the robbery and was sentenced to 215 months in federal prison. One of the other robbers died in a hail of bullets during a shootout with police.
Peterson, King and Holmes pleaded guilty to one count of armed robbery and three counts of attempted murder for firing at three police officers near St. Peter's University Hospital in New Brunswick on March 12, 2009, after fleeing the bank robbery.
The three were sentenced to 20 years in state prison, of which they must serve 85 percent--17-years- before they are eligible for parole. The sentence runs concurrent--or at the same time--as their federal prison terms.
The appellate judges also upheld now-retired Superior Court Bradley Ferencz's awarding the three men 1,509 days of jail credit, almost all of the days they were held in the Middlesex County jail from the time of their arrest. The prosecutor's office appealed that section of the sentence.
The four years of credit only applies to the state sentence, not to the federal sentence, which has no parole.
The three, along with James Phillips who drove the getaway vehicle, robbed a bank on Route 27 in Franklin Township on March 12, 2009.
None of the officers were injured in the shootout that concluded a police chase from Franklin Township, through North Brunswick into New Brunswick. However, three of the four men firing at the police were injured and Phillips died on April 4, 2009 from his injuries.
Two Franklin Township police officers suffered minor injuries during the chase.
Sue Epstein may be reached at sepstein@njadvancemedia.com. Follow her on Twitter @susan_epstein. Find NJ.com on Facebook.
