By JIM WALSH
Courier-Post Staff
The stakes rose sharply, but courtroom theatrics lessened Thursday as jurors began hearing arguments on whether Rabbi Fred J. Neulander should live or die.
First Assistant Camden County Prosecutor James Lynch, who had argued passionately for Neulander's conviction on a capital murder charge, seemed almost matter-of-fact in his approach to the rabbi's fate.
"The state of New Jersey is not coming before you to pound a fist on the table and say, `Take this man's life,'" Lynch told the jury in brief remarks. Instead he urged jurors to base a sentencing decision on intellect, not emotion.
To some, it may have seemed a puzzling switch from Lynch's hard-charging style, legal experts said.
"You've got to be thinking as a juror, `Why am I going to kill this guy when the prosecutor won't tell me what to do?'" said Edward Ohlbaum, a professor at Temple University' s law school.
Lynch presented no witnesses and did not question three people who spoke for Neulander, including the rabbi's youngest child, Benjamin, 26.
But that low-key approach is likely a carefully chosen strategy, criminal attorneys said.
"It's probably a very good tactic on Jim's part," said Leonard Baker, a Haddonfield attorney. "The jury just went through voluminous testimony, and they deliberated for days. Besides, Lynch has the final statement, and at that time he can tie everything in."
Baker said aggressive tactics by Lynch could alienate jurors.
"These people are sincere," he said of the witnesses who found positives in Neulander's character. "There's no reason to go after them."
Mark Catanzaro, a Moorestown attorney who has argued death- penalty cases, suggested family members may be quietly lobbying against capital punishment. Family members declined to give a victim-impact statement before the jury.
Catanzaro also said Lynch's caution might be intended to avoid grounds for a successful appeal.
And he said Lynch faces "a no-lose situation" because Neulander, 61, is likely to die in prison regardless of his sentence.
"Your life expectancy in prison is shorter than on the street," Catanzaro said. "People live longer because they have hope, faith and desire. By the time five or six years has passed, all of the rabbi's appeals will be exhausted. Either he'll be out or he'll have no hope."
Reach Jim Walsh at (856) 486-2646 or jwalsh@courierpostonline.com
