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Hours before a planned rally and march to protest the reported 15-year plea deal…

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Hours before a planned rally and march to protest the reported 15-year plea deal in the murder of Maplewood teenager Moussa Fofana, advocates and friends of the family are criticizing the Essex County Prosecutor’s Office for its handling of the case.

Moussa’s mother Hawa Fofana said was called into the prosecutor’s office on August 23 (without her attorney) and told that a plea deal has been struck with Yohan Hernandez, the Newark man arrested and charged in the murder her son.

Fofana said she was disappointed, sad, and “taken by surprise.”

Acting Essex County Prosecutor Theodore N. Stephens II said in a statement released Thursday afternoon that his office has kept Fofana informed of important developments in the case and allowed her a chance to have “meaningful input” regarding a plea:

The Essex County Prosecutor’s Office has consistently approached the cases presented to us by following the law and the facts. The tragic homicide of young Moussa Fofana was handled in the same way. Consistent with that approach, we have been mindful of the importance of keeping the family, through their counsel, informed of all important aspects of this case and have afforded them their right to offer meaningful input that we have considered in formulating the proposed plea. Based on the experience and expertise this office possesses, it is our considered opinion that all efforts to resolve this matter have been undertaken keeping all the above in mind.

Rich Pompelio, the family’s attorney, called parts of the statement “self-serving” and said the prosecutor’s contention that his office had provided the family with information and the opportunity for input was “not a true statement.”

Fred Profeta, former Maplewood Mayor who has advocated for justice in the case, said the 15 year plea deal was “an insult” and does not align with the facts of the case, or the law.

He also alleged the prosecutor’s statement was incorrect in several ways:

1) Hawa was not kept informed. Nor was her attorney. Hawa was called to the prosecutor’s office for an “update”, and not told to bring her attorney. That’s when she was informed that the deal had already been made. She never had an opportunity to provide input, contrary to the NJ Constitution and NJ law.

2) The recommended sentence does not comport with the facts and the law. Hernandez has confessed to intentional murder. The penalty for that is 30 years to life. 15 years for taking the entire life of Moussa Fofana is an insult.

3) The prosecutor had defended his position by claiming that the claim of self-defense is viable. It is not, either legally or factually. Hernandez stated that he shot Moussa because he “took a swing” at him. Even if that were true, answering a fist with a lethal bullet is totally disproportionate and the defense is flawed, as a matter of law.

Village Green will be covering today’s protest and will follow up on this story.

RELATED:

‘I Am Disappointed & Sad’ – Mom Reacts to Reported Plea Deal for Man Accused of Moussa Fofana’s Murder

Sept. 15 Protest Planned Against Plea Deal in Moussa Fofana Murder

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]]> Sept. 15 Protest Planned Against Plea Deal in Moussa Fofana Murder https://villagegreennj.com/towns/maplewood/sept-15-protest-planned-against-plea-deal-in-moussa-fofana-murder/ Wed, 14 Sep 2022 15:28:27 +0000 https://villagegreennj.com/?p=89416

Friends and family of Moussa Fofana, who was shot and killed at Underhill Sports…

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Friends and family of Moussa Fofana, who was shot and killed at Underhill Sports Complex in June 2021, are planning a protest march from Columbia High School to Maplewood Town Hall on September 15 in response to a reported plea deal in the case of Fofana’s alleged murderer.

“This was an intentional murder. The penalty for intentional murder is 30 years to life,” said former Maplewood Mayor Fred Profeta. “But the prosecutor has agreed to ask for a ridiculously low prison term of 15 years. The community is outraged. We protest this failure to provide justice for Moussa.”

Profeta helped to raise more than $50,000 in reward money toward the capture and arrest of Fofana’s murderer.

A hearing on the plea deal is scheduled on September 22. Village Green will provide more information on the hearing as it becomes available from the Essex County Prosecutor’s Office.

Moussa’s mother, Hawa Fofana, shared her feeling about the plea deal on Instagram, after the hearing was carried from September 1:

 

View this post on Instagram

 

A post shared by Bebe H Fofana (@hawabraiding)

Yohan Hernandez, 20, of Newark was arrested and charged with the murder of Moussa Fofana in August 2021. At a virtual arraignment later that month, his attorney claimed that Hernandez shot Fofana in self-defense, after Fofana and a friend allegedly chased Hernandez’s younger brother at Underhill Sports Complex in Maplewood on the night of June 6.

Profeta says that the protest will gather at the entrance to Columbia High School at 5:30 p.m. on Thursday, September 15, and then proceed with Maplewood Police escort along Kensington Terrace to Oakland Road to Valley Street and Maplewood Town Hall, where Profeta, Maplewood Mayor Dean Dafis and South Orange Village President Sheena Collum will speak, among others. Information on letter writing and a petition for signing will be available at Maplewood Town Hall.

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MEDIA ALERT

PROTEST PLANNED IN RESPONSE TO PLEA DEAL IN THE CASE OF ALLEGED MURDERER OF MAPLEWOOD TEEN MOUSSA FOFANA

WHO: Friends, family and #JusticeForMoussa supporters of Maplewood, New Jersey teenager Moussa Fofana, who was shot and killed at Underhill Sports Complex in June 2021, are planning a protest march from Columbia High School to Maplewood Town Hall in response to a reported plea deal in the case of his alleged murderer.

WHAT: Maplewood Mayor Dean Dafis and South Orange Village President Sheena Collum will speak about the proposed 15-year sentence and the system’s failure to provide justice for Moussa. A hearing on the plea deal is scheduled on September 22. Former Maplewood Mayor Fred Profeta – who helped to raise more than $50,000 in reward money toward the capture and arrest of Fofana’s murderer – will also speak.

“This was an intentional murder. The penalty for intentional murder is 30 years to life,” said former Maplewood Mayor Fred Profeta. “But the prosecutor has agreed to ask for a ridiculously low prison term of 15 years. The community is outraged.” 

 Moussa’s mother, Hawa Fofana, will be among the marchers and speakers.

WHEN: 5:30 p.m., Thursday, September 15, 2022

WHERE: Protesters will gather at the entrance to Columbia High School (470-482 Valley Street, Maplewood, NJ) and then proceed, with Maplewood Police escort, along Kensington Terrace to Oakland Road to Valley Street, ending at Maplewood Town Hall where the towns’ leadership will address the crowd.

BACKGROUND: Moussa Fofana, an 18-year-old 11th-grader at Columbia High School, was murdered the night of June 6, 2021 at the Underhill Sports Complex, less than a mile from the school. Yohan Hernandez, 20, of Newark was arrested and charged with the murder of Moussa Fofana in August 2021. At a virtual arraignment later that month, his attorney claimed that Hernandez shot Fofana in self-defense, after Fofana and a friend allegedly chased Hernandez’s younger brother at Underhill Sports Complex in Maplewood on the night of June 6.

Information on letter writing and apetition for signing will be available at Maplewood Town Hall. Professional photos will be available after the event.

CONTACT: Rosemary Ostmann, rostmann@rosecomm.com; 201-615-7751

 

 

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