An East Orange man who was appealing his 2005 murder conviction due to ineffective legal representation had his claim denied by a state appellate panel on Friday according to court records.
The panel upheld the conviction Mark Caldwell, 33, who was convicted of fatally shoot a woman in the head after forcing her and her husband to the ground during a 2005 robbery shortly before "Somebody's going to die tonight," according to court documents.
Caldwell appealed the earlier murder conviction on grounds that he received ineffective legal assistance by being denied the right to testify in the 2008 trial in connection with the killing of Kerlissa Romeo who was 22-years of age during the time of the incident.
According to court records, Caldwell was convicted by a jury of felony murder, aggravated manslaughter, and robbery and weapons offenses. He was sentenced to life in prison and will be eligible for parole in August 2069.
The incident occurred around midnight on Nov. 9, 2005 in East Orange when Romeo was heading home from her hospital job and met up with her husband at a train station, according to authorities.
Shortly after the couple had stopped at a store to buy several items, Romeo and her husband were within a block of their home when Caldwell crossed the street then out a weapon, forcing both of them to lay face down onto the ground authorities said.
Authorities said Caldwell's accomplice, Zakiyah Jones searched the couple's pockets, stealing cash shortly before Caldwell mumbled the phrase, "Somebody's going to die tonight," then shot Romeo in the head, according to court records.
The pair were arrested a short distance away, authorities said.