Blind Faith (book)
Encyclopedia
Blind Faith is a bestselling 1989 true crime
True crime
True crime is a non-fiction literary and film genre in which the author examines an actual crime and details the actions of real people.The crimes most commonly include murder, but true crime works have also touched on other legal cases. Depending on the writer, true crime can adhere strictly to...

 novel by Joe McGinniss
Joe McGinniss
Joe McGinniss is an American author of nonfiction and novels. He first came to prominence with the best-selling The Selling of the President, 1968 which described the marketing of then-presidential candidate Richard Nixon, and has authored 11 works since that time...

, based on the 1984 case in which American businessman Robert O. Marshall
Robert O. Marshall
Robert O. Marshall is a former Toms River, New Jersey, businessman who in 1984 was charged with the contract killing of his wife, Maria....

 was charged with (and later convicted of) the contract killing
Contract killing
Contract killing is a form of murder, in which one party hires another party to kill a target individual or group of people. It involves an illegal agreement between two parties in which one party agrees to kill the target in exchange for consideration, monetary, or otherwise. The hiring party may...

 of his wife, Maria. The book was adapted into an Emmy Award
Emmy Award
An Emmy Award, often referred to simply as the Emmy, is a television production award, similar in nature to the Peabody Awards but more focused on entertainment, and is considered the television equivalent to the Academy Awards and the Grammy Awards .A majority of Emmys are presented in various...

-nominated TV miniseries
Miniseries
A miniseries , in a serial storytelling medium, is a television show production which tells a story in a limited number of episodes. The exact number is open to interpretation; however, they are usually limited to fewer than a whole season. The term "miniseries" is generally a North American term...

 in 1990.

Book

McGinniss attended the Marshall trial, and used court transcripts, extensive interviews with family and friends and general research to recreate the events surrounding the murder of Maria Marshall, the subsequent trial and eventual conviction of her husband. The book concludes with a status update of key players (including the Marshalls’ three sons) in 1987, a year after the conviction.

Blind Faith maintains that to the affluent residents of Toms River, New Jersey, Marshall was a devoted family man and respected member of the community. But soon after his wife’s death, Marshall’s perfect image began to unravel as the police investigation uncovered debt, infidelity and a $1.5 million insurance policy. McGinniss wrote that by the time Marshall was convicted and sentenced to death in 1986, everyone who knew him, including two of his three sons, believed him guilty.

McGinniss changed the names and some personal details of most of the real people involved in the case, except for the Marshall family themselves, Judge Manuel Greenberg, assistant prosecutor Kevin Kelly, and a handful of others.

In 2002, Marshall wrote the book Tunnel Vision: Trial & Error, in which he challenged the conclusions McGinniss drew in Blind Faith. While pointing out flaws in the judicial process he believed failed him, Marshall also alleged that his trial was contaminated by police misconduct
Misconduct
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts....

 and compromised testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...

 and evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

.

Adaptation

In 1990, Blind Faith was adapted by screenwriter John Gay
John Gay (screenwriter)
John Gay is an American screenwriter.Born in Whittier, California, Gay began his career writing episodes for television anthology series such as Lux Video Theatre, Kraft Television Theatre, and Goodyear Television Playhouse. He made his film screenwriting debut in 1956 with Run Silent Run Deep...

 into an Emmy Award-nominated TV miniseries starring Robert Urich
Robert Urich
Robert Urich was an American actor. He played the starring roles in the television series Vega$ and Spenser: For Hire...

, Joanna Kerns
Joanna Kerns
Joanna Kerns is an American actress and director best known for her role as Maggie Seaver on the family situation comedy Growing Pains from 1985-1992.-Early life:...

, and Joe Spano
Joe Spano
Joseph Peter "Joe" Spano is an American actor who came to prominence through his role as Lt. Henry Goldblume on Hill Street Blues and is now well known for his work in NCIS as FBI Special Agent Tobias Fornell....

.

The Marshall murder case

According to Robert Marshall, on September 7, 1984, he and his wife Maria had pulled into a deserted picnic area on the way home from a recreational trip to Atlantic City
Atlantic City, New Jersey
Atlantic City is a city in Atlantic County, New Jersey, United States, and a nationally renowned resort city for gambling, shopping and fine dining. The city also served as the inspiration for the American version of the board game Monopoly. Atlantic City is located on Absecon Island on the coast...

, New Jersey. Marshall claimed that another driver pulled in behind them and that he was knocked unconscious while changing a tire. He awoke to find that his wife had been shot to death in the front seat of their car.

After a police investigation, Marshall was arrested on December 19, 1984. The prosecution theorized that Marshall had hired two men to kill his wife so that he could collect on a $1.5 million insurance policy. He was later convicted of the murder-for-hire and sentenced to death by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...

.

In 1972 the U.S. Supreme Court ruled that the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...

 was being administered unconstitutionally across America. Death penalty states enacted new statutes to comply with the strictures of this decision, New Jersey acting in 1982. The first 26 murderers whose death sentence reached the New Jersey Supreme Court got their sentences vacated on one ground or another. Marshall's was the first to be affirmed by the state's High Court, on January 24, 1991. The vote affirming the conviction was 6 to 1, and to uphold the death penalty phase was 5 to 2. The court's opinion was lengthy, and found errors, particularly in the guilt phase of the trial which, however, were found to be harmless, meaning there was no reasonable chance they affected the jury's verdict. There were later post-conviction proceedings in the state courts, and the N.J. Supreme Court wrote opinions in three other proceedings, including a so-called "proportionality" review that compares the appellant's culpability with others in death penalty cases.

U.S. District Court Judge Joseph E. Irenas ruled on April 8, 2004 in Camden, New Jersey
Camden, New Jersey
The city of Camden is the county seat of Camden County, New Jersey. It is located across the Delaware River from Philadelphia, Pennsylvania. As of the 2010 United States Census, the city had a total population of 77,344...

 that Marshall received ineffective assistance from his attorney during the death penalty phase of his trial. The 3rd Circuit Court of Appeals
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...

 upheld the decision on November 2, 2005. On March 20, 2006, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 declined to hear an appeal by the New Jersey Attorney General's Office
New Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...

. On May 12, 2006, Prosecutor Thomas F. Kelaher declined to retry the death-penalty phase of the case, citing as reasons the difficulty in presenting evidence more than 20 years after the crime, and the probability of many more legal appeals should Marshall be sentenced to death again. With resentencing pending, Marshall faced a minimum of 30 years in prison (in which case he would have been released in 2014) and a maximum of life in prison with no possibility for release on parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...

before serving 30 years.

On August 18, 2006, Marshall was resentenced to life in prison, with the possibility of parole in eight years. This will make Marshall, incarcerated since his arrest, eligible for parole in 2014.

Until his removal from New Jersey’s death row, Marshall had been the longest-serving inmate there since the state reinstated the death penalty in 1982.

External links

  • http://topics.nytimes.com/top/reference/timestopics/people/m/robert_o_marshall/index.html
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