Ali Fisher is asking a judge to toss charges that he helped his family dump a body.
Ali Fisher appeared in Passaic County Superior Court on a motion to dismiss the indictment thatto remove the battered body of Stephanie DeJesus from a Totowa apartment after she was bludgeoned to death on the night of Feb. 23, allegedly by Fisher’s brother, Justin.
In court on Monday, McMahon tried to convince Judge Niccollai that Ali Fisher had no role in the hastily-hatched plot to get rid of the body, a grisly case that attorneys say was a “family affair.”The state’s star witness is Joelle Martucci, Justin Fisher’s girlfriend and the mother of the couple’s infant child. Martucci, also initially charged with disposing of human remains, accepted a plea deal in exchange for her testimony.
McMahon argued that Martucci’s statement was exculpatory evidence that would have exonerated Ali Fisher of any wrongdoing and should have been presented to the grand jury. Assistant Prosecutor Jonathan Barrera countered that although Ali Fisher never entered the apartment, he could have served as a lookout. Plus, he added, the grand jury’s role isn’t to determine guilt or innocence but merely to determine whether there was enough evidence to support criminal charges.
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