Pre-trial witnesses delayed in Malmgren case

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CAPE MAY COURT HOUSE — The man who allegedly hit and killed two teenagers with his vehicle in 2012 in Middle Township will be in court again April 10 at the county courthouse in Middle Township.

The plan was for the prosecution to call witnesses on Tuesday, March 18, to show that Joshua Malmgren had a habit of texting and driving, but defense attorney Ed Weinstock argued that he needed more time to review the evidence.

The prosecutor wants to introduce evidence of texting and driving at Malmgren’s trial, expected to begin this June.

Judge John Porto ruled in Weinstock’s favor, which meant witnesses were excused from court March 18. Family members of the victims who came from Philadelphia also attended the motion status conference.

Malmgren, 32, of Lower Township, is charged with two counts of aggravated manslaughter in connection to a July 31, 2012, car accident that killed two cousins, Nioami Lazicki, 15, of Middle Township, and Ashley Dauber, 13, of Philadelphia, who had been walking along Bay Shore Road.

At the April 10 appearance, Weinstock said he plans to file motions on suppressing evidence of a blood test taken of Malmgren and dismissing his indictment. The prosecution plans to put witnesses on the stand to show that Malmgren had a habit of texting and driving.

Malmgren had previously been represented by H. Parker Smith and Brian Pelloni. Weinstock, public defender, took the case in late February.

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