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State v. Toscano | 378 A.2d 755 (1977)
Criminal cases can often seem straightforward. If a defendant committed an act that the law defines as a crime, the defendant is guilty of committing the crime. But the law often looks at the defendant’s state of mind. What happens if a defendant committed a criminal act because someone else was threatening the defendant? The New Jersey Supreme Court considered that question in State versus Toscano.
William Leonardo was accused of masterminding an insurance fraud conspiracy in which several individuals staged fake accidents, then submitted fraudulent insurance claims. Doctor Joseph Toscano, a chiropractor, was charged with participating in Leonardo’s conspiracy by creating and submitting false reports of injuries and treatments to insurers.
At Toscano’s trial, the prosecution offered evidence that Toscano created false medical reports for Leonardo because Toscano owed gambling debts to Leonardo’s brother. Toscano admitted to creating the false reports but testified that he did so because Leonardo repeatedly demanded it. Toscano knew that Leonardo led a criminal gang. At one point, Leonardo, in a boisterous and loud tone of voice, insisted that Toscano provide the fraudulent documentation, threatening Toscano and his wife if Toscano refused. Toscano testified that he complied under duress, out of fear for his and his wife’s safety, then moved to a new address and changed his telephone to an unlisted number.
After Toscano testified, the judge excluded any further testimony regarding Toscano’s claim of duress and refused to instruct the jury on that defense. The jury subsequently convicted Toscano, and the Appellate Division affirmed his conviction. The New Jersey Supreme Court accepted Toscano’s appeal.
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