Township man found guilty for 2004 double murder

An Ocean Township man was convicted last week of the "brutal and depraved murders" of his ex-girlfriend and grandmother and is facing a life sentence without parole. He is scheduled to appear for sentencing next month.

A jury returned a guilty verdict Sept. 2, convicting Rosario Miraglia, 36, of two counts of murder, as well as multiple weapons charges. He was acquitted on one count of attempted aggravated arson.

The conviction stems from the double homicide that occurred in Ocean Township in June 2004, when Miraglia was charged with murdering his grandmother and his ex-girlfriend, according to police reports.

Miraglia was indicted on Feb. 14, 2005, for killing his grandmother, Julia Miraglia, 88, of Ocean Township, and his exgirlfriend, Leigh Martinez, 31, also of Ocean Township.

Joseph Krakora, the public defender assigned to represent Miraglia during the trial, said last week that it has not been decided whether his client will appeal the guilty verdict.

Immediately following the verdict, an additional hearing was conducted before the jury to determine what type of sentence Miraglia would receive for the two murders.

Under the state's current murder statute, Miraglia either could be sentenced to life behind bars without parole, or to imprisonment for a term of between 30 years and life in prison.

Miraglia would have to serve all 30 years without becoming eligible for parole, authorities said.

If his sentence exceeds 30 years, authorities say that Miraglia would be required, under the No Early Release Act, to serve 85 percent of whatever aspect of the sentence exceeds the 30 years before he could be released on parole.

Under the section of the murder statute applicable to Miraglia, the heavier sentence of life without parole was available only if the prosecution proved to the jury, beyond a reasonable doubt, that the defendant committed the murder by his own conduct and that at least one of 12 statutorily defined aggravating sentence factors existed.

The jury found that three aggravating sentence factors existed. The jury was asked to consider the following four aggravating factors: whether the murder of Julia Miraglia was outrageously or wantonly vile, horrible or inhuman; whether the murder of Leigh Martinez was outrageously or wantonly vile, horrible or inhuman; whether Miraglia killed Julia Miraglia in order to avoid apprehension for the murder of Martinez; and whether Miraglia killed Julia Miraglia while in the course of flight after the murder of Martinez.

The jury found the first three of the four aggravating factors existed, exposing Miraglia to a sentence of life without parole for each of the two murders, authorities said.

Miraglia's case was originally slated to be a capital prosecution. The additional sentencing hearing conducted after Miraglia's criminal trial was the first of its kind in Monmouth County since the state abolished the death penalty in 2007.

After the verdict was announced, Executive Assistant Monmouth County ProsecutorRichardE. Incremona, who tried the case for the state, requested that the judge revoke Miraglia's bail.

Miraglia previously was being held at the Monmouth County Correctional Institution, Freehold Township, in lieu of $2 million bail. The state's request was approved and Miraglia will be held without bail. He is scheduled to be sentenced Oct. 24.

"The jury's verdict ensures that Miraglia will be held accountable for two brutal and depraved murders," said Monmouth County Prosecutor Luis A. Valentin. "The evidence presented during the course of the trial demonstrated that Miraglia clearly knew what he was doing, and that it was wrong, when he murdered these two innocent victims.

"He will now be appropriately punished with a lengthy period of incarceration," Valentin added.