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TRENTON, N.J. — A 12-member jury on Thursday
convicted former pharmaceutical executive Dr. Jonathan
Nyce of manslaughter in the brutal slaying of his Filipina
wife, Michelle Rivera-Nyce at their Hopewell Township
mansion on Jan. 16, 2004.
Dr. Nyce, 55, had confessed to smashing Michelle’s
head on the concrete floor of their garage but contended
the killing was an accident.
The passion-provocation manslaughter verdict carries
a sentence of five to 10 years in prison. Dr. Nyce also
was convicted of tampering with evidence, which carries
a three- to five-year term.
Dr. Nyce had faced a murder charge, which could have
brought a life sentence. He did not express any emotion
as the verdict was read.
Dr. Nyce’s lawyer had said the death was the result
of a scuffle as his 34-year-old wife returned to home
from a tryst with her lover, a Guatemalan immigrant who
had once landscaped the couple’s property.
In a videotaped confession, Dr. Nyce said his wife —
a beauty consultant at Macy’s — lunged at
him with a stiletto. Authorities were unable to find any
such weapon. The defense lawyer said investigators did
not search a cosmetics bag in the victim’s car.
On Wednesday, the jury failed to reach a verdict after
seven hours of exhausting deliberation that concluded
with the jurors asking the judge for clarification of
the aggravated manslaughter charge.
The jurors asked in particular for clarification on a
section of the aggravated manslaughter instructions where
Judge Bill Mathesius said, “If, in light of all
the evidence, you find the defendant’s conduct resulted
in a probability as opposed to a mere possibility of death,
then you may find that he acted under circumstances manifesting
extreme indifference to human life.”
After consulting with both the prosecution and defense
lawyer Robin Lord, Mathesius offered the jury a distinction
between the words “possibility” and “probability”
in the charge.
“Possibility is an event that may or may not have
happened,” the judge said. “Probability is
an effect or result that is more likely to follow its
supposed cause than not follow.”
Mathesius’ instructions explained that if the
jury finds Dr. Nyce’s conduct resulted in only a
possibility of death, then it must consider the lesser
charge of reckless manslaughter.
The jury was instructed Monday to consider aggravated
and reckless manslaughter along with passion provocation
manslaughter and first-degree murder while deliberating.
In his statement with police, Dr. Nyce said he drove
Michelle’s Toyota Land Cruiser from their Keithwood
Court estate down the road to Jacobs Creek with his wife’s
corpse propped up behind the steering wheel.
Dr. Nyce decided not to take the stand in his own defense
last week, but his parents ended their silence Wednesday
after learning they’d have to go through another
day of deliberation.
“He wouldn’t hurt a soul, not a soul,”
Dr. Nyce’s mother, Emma, said as her son paced back
and forth in the background. “He was always excellent
to Michelle.”
The Trentonian said Emma Nyce talked about how her son
gave Michelle everything she needed, and how he rescued
her from her impoverished life in the Philippines.
“She got everything she wanted,” said Emma
Nyce, noting her son’s three children spend an hour
every night talking with their father on the telephone.
Dr. Nyce’s parents say his three children ask
for their father to come home every day, but rarely mention
Michelle.
“She wasn’t around much that last year,”
Dr. Nyce’s father, also named Jonathan, said. “Jonathan
had to take care of them all the time.”
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