No new trial in molestation, N.J. court rules

The New Jersey Supreme Court yesterday upheld the child-molestation conviction of a Burlington County man who said he had not been read his Miranda rights after learning he was a suspect in the crime.

A lower court had overturned John Nyhammer's 2003 conviction, but the Supreme Court ruled unanimously that he did not deserve a new trial.

Nyhammer also sought to overturn his conviction because the victim, who was 11 years old at the time of the trial, was nearly unresponsive on the witness stand.

His attorney argued the child's previous videotaped statement implicating Nyhammer should not have been admitted into evidence because the victim could not be meaningfully cross-examined.

The Supreme Court refused to accept that argument as well.

In a statement, Burlington County Prosecutor Robert D. Bernardi said he was "gratified" by the court's ruling.

"Now, Mr. Nyhammer will serve the 18-year sentence originally imposed by the trial judge and his victim will not have to suffer through the anguish of a retrial," he said.

In 2001, a Burlington County detective asked Nyhammer if they could meet at the Pemberton police department to talk about allegations that Nyhammer's uncle, Glenn Green, had molested the girl.

Nyhammer, 35, agreed and was read his rights before the interview began. After the interview, the detective said he was concerned that Green might have molested Nyhammer when he was younger.

Nyhammer's "eyes filled up with tears," and the detective mentioned for the first time the victim had implicated him. Nyhammer admitted he had molested the victim.

"After making the confession, defendant stated, 'I feel better now that it's out,' " according to court documents.

At trial, Nyhammer said the abuse actually had happened to him and his confession was a description of his ordeal, not the girl's.

Green also was convicted of molesting the girl.

On appeal, Nyhammer argued he should have been read his rights a second time once the detective told him he was a suspect.

"Generally . . . once a defendant has been apprised of his constitutional rights, no repetition of these rights is required," the court wrote in its opinion.

Nyhammer has been housed at the Burlington County jail since winning his lower court appeal. After yesterday's ruling, he will be returned to state prison.