BY KATHY CHANG
Staff Writer
NEW BRUNSWICK — There will be no new trial for Michelle Lodzinski, who was found guilty in May of murdering her five-year-old son, Timothy “Timmy” Wiltsey in 1991, according to a ruling on Oct. 26 by Middlesex County Superior Court Judge Dennis Nieves.
On Aug. 23, Gerald Krovatin, attorney for Lodzinski, had argued in court that a “juror’s misconduct” during jury deliberations warranted a new trial or acquittal for his client.
The jury had started deliberations on May 12 after a three month trial; however, the jury foreman was dismissed for personal reasons on May 17.
An alternate juror was selected and the jury started new deliberations the morning of May 18.
Through arguments, the jury foreman had researched Federal Bureau of Investigation (FBI) crime scene protocols and the information he researched was discussed among the members of the jury in relation to the credibility of retired FBI agent Ron Butkiewicz, who investigated the case in 1991 and 1992.
Timmy was reported missing the night of May 25, 1991 at a carnival held at Kennedy Park in Sayreville. A massive search for him ensued after Lodzinski told authorities she had only turned her back on Timmy for a few minutes to get a soda at a concession stand when he disappeared.
Timmy’s skeletonized remains were found in the creek off Olympic Drive in Raritan Center in Edison on April 23, 1992.
No arrests were made at the time and the case became cold. An anonymous tip that came into the Crime Stoppers hotline in 2011 about the disappearance of Timmy prompted the Middlesex County Prosecutor’s Office to re-open the cold case in 2011.
Lodzinski, who faces life in prison, was scheduled to be sentenced in August, the same day the motions were heard.
