Superior Court Judge Ronald Wigler told jurors Samad Livingston told police he prayed on the night of the incident, but "never indicated to whom he prayed"
NEWARK -- A prosecutor should not have told a jury that a murder suspect was "praying to Allah," an Essex County Superior Court judge told jurors Tuesday morning.
Superior Court Judge Ronald Wigler made the statement after Eric Plant, assistant Essex County prosecutor, told the jury during closing statements Monday that the defendant, Samad Livingston, spoke with police about how he was "praying to Allah."
In a statement read to the jury, Wigler told jurors that while the title "Allah" is commonly associated with the Islamic faith, Plant did not mean to suggest Livingston was Muslim. Both the prosecution and defense attornies acknowledged on Tuesday that Livingston is a Christian, Wigler said.
"Allah is a title for God in many religions," the judge said.
Wigler told the jury that Livingston told police he prayed on the night that 35-year-old Charles Walker was killed, but Livingston "never indicated to whom he prayed."
The judge also told jurors that Livingston's religious beliefs are "not relevant," and instructed them to not consider them in their deliberations.
"A person's religion, religious denomination and religious beliefs play no role in our courts," Wigler said. "Freedom of religion is a constitutional right and all religious beliefs should be tolerated and respected."
After reading the statement, the judge instructed the jurors on the law behind the charges in the case before the jury began its deliberations.
Livingston, 38, of East Orange, has been on trial on murder and weapons charges in the Jan. 16, 2014 fatal shooting of Walker on the porch of a home at 870 South 20th St. in Newark.
During the trial, Plant has claimed Livingston killed Walker as part of a territorial dispute between the two drug dealers.
According to Plant, the two men had an agreement in which Livingston sold drugs after 2 a.m. and he became angry when Walker made a sale on South 20th Street after 2 a.m. that day.
Livingston's attorney, John McMahon, has argued Livingston and Walker were friends and that Walker was killed before Livingston arrived at the scene.
The case hinges in large part on the statement of a drug addict who told police she witnessed a dispute between the two men, she walked down the street, heard a gun shot and turned around to see Livingston fleeing the scene in a vehicle. Plant has said the woman is telling the truth, but McMahon claims she is lying.
In his statement to police, Livingston allegedly indicated he prayed in his driveway before driving to the crime scene and learning that Walker had been shot.
After closing statements were completed on Monday and the jury left the courtroom, McMahon called for a mistrial in light of Plant's false assertion that Livingston said he was "praying to Allah."
McMahon told the judge that "given the climate of today...I think it was both improper and offensive."
Wigler indicated he would not declare a mistrial, but told McMahon to propose an instruction to deliver to the jurors. After Wigler and the attorneys met privately in the judge's chambers this morning, they agreed on the statement the judge ultimately read to the jury.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.