Rodolfo Godinez was the first of the six defendants to be convicted in the Aug. 4, 2007, shooting deaths of Terrance Aeriel, Iofemi Hightower and Dashon Harvey in the schoolyard behind the Mount Vernon School
NEWARK -- Faced with a 245-year prison sentence for his role in the 2007 execution-style shooting of three friends in a Newark schoolyard, one of the six men convicted in the case is seeking a new trial.
More than five years after he was sentenced, Rodolfo Godinez is looking to overturn his conviction based on claims that his trial attorney poorly represented him and that a co-defendant has said Godinez did not participate in the slayings.
Godinez appeared briefly on Monday in a Newark courtroom when his current attorney, the prosecutor and Superior Court Judge Michael L. Ravin scheduled a Feb. 8 hearing for Godinez's trial attorney and his co-defendant to testify.
Godinez - the alleged ringleader of the group - was the first of the six defendants to be convicted in the Aug. 4, 2007, shooting deaths of Terrance Aeriel, Iofemi Hightower and Dashon Harvey in the schoolyard behind the Mount Vernon School. Terrance's sister, Natasha Aeriel, was also shot in the head, but survived.
Three of the co-defendants, Jose Carranza, Alexander Alfaro and Gerardo Gomez, were later convicted at separate jury trials. Their co-defendants, Melvin Jovel and Shahid Baskerville, each pleaded guilty.
Godinez and his co-defendants collectively received more than 1,000 years in prison. Prosecutors have said the six men had ties to a Central American gang known as MS-13, and that the murders were gang-related.
During Godinez's trial, an inmate at the Essex County jail testified that Godinez told him he had ordered the schoolyard killings.
In an attempt to overturn his conviction, Godinez, 32, formerly of Newark, has filed a motion for a new trial and a petition for post-conviction relief.
The motion is based on the timing of Godinez's conviction and the statements made by Jovel.
After Godinez was convicted of murder and related charges at his trial in May 2010 and then sentenced in July 2010 to 245 years in prison, Jovel pleaded guilty in September 2010 and admitted shooting all four of the victims.
When Jovel was sentenced in November 2010 to 245 years in prison, he said, referring to Godinez, "the person who was sentenced had nothing to do with this."
According to Godinez's attorney for the motion, Susan Gyss, Jovel has continued to maintain that Godinez was present during the incident, but did not participate in the offenses. Jovel is expected to reiterate that claim when he testifies at the Feb. 8 hearing.
Since Jovel's statements were made after Godinez was convicted, Gyss argued they represent newly discovered evidence that entitles Godinez to a new trial. The motion relies in part on Jovel's remarks during his sentencing hearing.
Rodolfo Godinez, 32, formerly of Newark, appeared before Superior Court Judge Michael L. Ravin for a hearing on his petition for post-conviction relief in the Newark schoolyard killings case. Godinez was the first of six defendants to be convicted for their roles in the Aug. 4, 2007 execution-style slayings of Terrance Aeriel, Iofemi Hightower and Dashon Harvey. Terrance's sister, Natasha Aeriel, was also shot in the head, but survived. Godinez was convicted at a 2010 trial and later sentenced to 245 years in state prison. Through his petition, Godinez is looking to overturn his conviction by claiming he received ineffective assistance from his trial attorney. Hearing was at the Essex County Courthouse in Newark 1/4/16 (Ed Murray | NJ Advance Media for NJ.com) Ed Murray | NJ Advance Media for NJ.com
"He's willing to testify and he's going to be a key witness," Gyss said on Monday outside the courtroom, referring to Jovel's anticipated testimony at the Feb. 8 hearing.
But in a brief filed in response to the motion, prosecutors rejected the claim that Jovel's statement during his sentencing entitles Godinez to a new trial.
"Simply stated, Jovel's opinion at his own sentencing is not evidence, and certainly did not result in the judicial system denying defendant fair proceedings leading to an unjust outcome," according to the brief. The case is being handled by Essex County Assistant Prosecutors Romesh Sukhdeo and Frank J. Ducoat.
In the petition for post-conviction relief, Gyss is claiming Godinez's trial attorney, Roy Greenman, provided ineffective legal assistance in various ways.
As two examples, Gyss claimed Greenman opposed questioning jurors about an apparent dispute amongst them during deliberations, and that Greenman failed to request a special instruction to jurors about the testimony of an MS-13 expert.
That instruction was necessary to highlight the fact that the expert's opinion was largely based on Godinez's statement to police and that statement contained numerous falsehoods, according to Gyss.
Prosecutors rejected those arguments about Greenman's representation, saying that questioning the jurors "would have needlessly interfered with the deliberative process," and that an instruction provided to jurors "accurately instructed the jury that it had to determine the credibility and the relevance of the MS-13 evidence," according to the brief.
After Monday's hearing, Sukhdeo said he believed Godinez's arguments will be rejected by the judge and his conviction will be upheld.
"I don't believe that Mr. Godinez's sentence or custodial status will be modified in any way at all," Sukhdeo said.
In a brief phone interview on Monday, Greenman declined to comment.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.