NORTH BRUNSWICK — The prosecution in a murder trial in New Brunswick attempted today to connect the defendant to the main witness against him by asking an investigator what he did after getting a suspect’s statement, rather than asking about the statement itself. A Middlesex County jury heard that Frank Marsh, on trial for murder, was arrested after his close...
NORTH BRUNSWICK — The prosecution in a murder trial in New Brunswick attempted today to connect the defendant to the main witness against him by asking an investigator what he did after getting a suspect’s statement, rather than asking about the statement itself.
A Middlesex County jury heard that Frank Marsh, on trial for murder, was arrested after his close friend, Raymond Troxell, now in prison, told investigators about the killing of Troxell’s business partner.
Middlesex County Assistant Prosecutor Manuel Sameiro connected the two by asking Sgt. Paul Miller, also of the prosecutor’s office, what he did after Troxell, 50, of South Brunswick, gave his statement the evening of Dec. 18, 2008. The statement came three days after the fatal shooting of Vincent Russo, 48, who co-owned the Mezzaluna Deli in North Brunswick with Troxell.
Miller told Sameiro he arrested and charged Troxell with murder and then sought and arrested Marsh, formerly of Edison, a few hours later.
Miller was testifying in the second week of Marsh’s trial for Russo’s killing. Russo was gunned down in the deli the evening of Dec. 15, 2008.
Sameiro could not introduce Troxell’s statement itself because it could be counterproductive for Troxell to appear in court and substantiate it. By doing so, Troxell could undercut his current appeal of his conviction in May for hiring Marsh for $3,000 to kill Russo. Troxell is serving a life term.
Troxell told investigators that while drinking in a bar in September 2008, he jokingly told friends he wanted Russo killed for taking money from their business and would pay $2,000 to do it.
Troxell said Marsh took him seriously. He said hours after the shooting, Marsh told him he "did that thing," meaning he killed Russo. Troxell said he paid Marsh $3,000 because he was afraid of him.
Miller testified the interview with Troxell took place after Troxell’s close friend, John "J.C." Kissel, told authorities that Troxell paid Marsh $3,000 to kill Russo. Kissel testified last week that Marsh, who drove a cab for Kissel’s cab company, confided in him that he killed Russo.
The trial is before Superior Court Judge Bradley Ferencz.