Expert: Man died from a drug overdose
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By TOM HOWELL JR.
thowell@njherald.com
NEWTON — A Pennsylvania man found in a Vernon gully with a bag over his head died of a drug overdose, not homicide, according to an expert for a Bergen County man charged with the crime.
Relatives of John E. Mitchell, whose body was found by a road crew on June, 16, 2006, left in tears after the claim was made in Superior Court on Tuesday.
Edward Mundt, 37, of Elmwood Park, is accused of smothering 30-year-old Mitchell and dumping his body near Lake Wallkill Road and Stratfordshire Drive.
Mundt was indicted in February 2007 for first-degree murder, second-degree desecration of human remains and third-degree tampering with evidence.
His public defender, David Nufrio, said Mitchell may have died from an accidental overdose, not asphyxiation as the state has alleged, according to a report by their expert, Dr. John E. Adams, of Cockeysville, Md.
"Naturally, if you remove count one of the indictment, it changes the complexion of the case," Nufrio said.
Superior Court Judge N. Peter Conforti said Mundt faces a maximum sentence of life in prison for murder — plus 15 years for the other two charges — and must serve 71 years before he is eligible for parole.
The defense expert's report has been forwarded to the Sussex County Medical Examiner, Assistant Prosecutor Michael Briegel said.
"I've been advised I will be receiving a responsive report," Briegel said in court.
Prosecutors also are waiting for a crime scene evidence analysis report from the state police, he said.
The state, he said, cannot respond to a plea offer from the defense until those reports are received.
Nufrio confirmed he had forwarded a plea offer, but it does not include the count for murder.
"Dumping a body may suggest homicide, but it doesn't prove it," said Nufrio, quoting Adams' report.
The report also said there is "no medical or scientific way to determine if Mr. Mitchell was dead or alive when his head was placed in the bag," according to Nufrio.
Nufrio is hoping that Adams' report will cut Mundt's potential maximum prison time from life imprisonment to a 15-year term.
"If the state medical examiner disagrees with Dr. Adams, then it's going to be a trial," he said. "It's that simple."
Family members last saw Mitchell alive on June 7, when his father dropped him off on 42nd Street in Manhattan, authorities testified in November 2006.
Mitchell usually caught a train from the city street to his job with Gotham Construction on Roosevelt Island, they said.
His body was discovered a little more than a week later with a plastic bag taped over his head. The body was wrapped in a burgundy-pink comforter, olive green linens, and a pillowcase decorated with a "winter farm scene," detectives said.
According to an affidavit, Mundt said he picked up Mitchell at a Jersey City-area motel the night of June 8 and took him to his Elmwood Park apartment after purchasing drugs.
Mundt told detectives he slept in his bed that night, while Mitchell slept in a chair and was gone the next morning, according to testimony.
Detectives showed pictures of linens from the crime scene to Mundt's landlord, a woman who resides at the same address as Mundt. She located a pillowcase on her bed with the same winter farm scene pattern, authorities said.
About a dozen of Mitchell's family members, including his wife, Teia Mitchell, and his mother, attended the emotionally charged hearing, noting in off-the-cuff remarks that Mitchell could not have placed the bag on his own head.
The family declined to give an official comment outside the courtroom.