Newark Criminal Defense Lawyer Joseph Rotella
Insanity Plea Considered for Accused MomLawyer for Basking Ridge woman charged with killing son files defense motions. By Chad Hemenway 2/3/07 The attorney for Denise Volpicelli said Thursday he has filed a motion that he will be offering an insanity or diminished capacity defense for his client. Volpicelli, 45, of the Basking Ridge section of Bernards pleaded not guilty Jan. 5 to a first-degree murder charge in the death of her 12-year old son, Jack Kimzey, in August 2006. Volpicelli had been scheduled to appear Friday with attorney Joseph Rotella of Newark before Superior Court Judge Robert Reed in Somerville for a status conference. But Reed adjourned the conference until April 20 so the defense and prosecution have more time to exchange discovery materials. Rotella has until March 30 to hand over a completed psychiatric evaluation of Volpicelli by his expert, Dr. Robert Sadoff. The motion Rotella filed includes both defenses of insanity and diminished capacity but the two are separate defenses, he said adding he will decide which one he will use once he receives the completed expert report. Under state law, the defense must prove an insanity claim. William Kimzey, Volpicelli's husband, called Bernards police to the family's home after he could not locate his wife or son when he arrived home from work Aug. 4. Kimzey found what Somerset County Prosecutor Wayne J. Forrest described as a suicide note and confession written by Volpicelli in the couple's bedroom. The letter stated, in part, that Volpicelli wanted to be buried with her son, according to court documents filed in Superior Court. After searching the home, police found Volpicelli and the boy in the basement. The son, who was dead, was found lying near several pillows, and Volpicelli was in a basement bathroom bleeding heavily from self-inflicted knife wounds on her wrists, ankles and arms, Forrest said. Volpicelli's wounds required surgery to close. Volpicelli has been in the Somerset County Jail after being transferred from the Ann Klein Forensic Center in Trenton. She faces a life sentence with a minimum of 30 years in prison before she is eligible for parole on the first-degree murder charge, which alleges Volpicelli purposely or knowingly caused her son's death. |
