Melvin Jovel testified on Monday at a hearing for Rodolfo Godinez's bid to overturn his conviction in the 2007 execution-style shootings of three friends in a Newark schoolyard Watch video
NEWARK -- On the witness stand Monday in a Newark courtroom, Melvin Jovel recalled in a calm and casual tone how he killed three friends in execution-style shootings in a city schoolyard in 2007.
"I killed all three of them with that gun," Jovel said.
But Jovel claimed Rodolfo Godinez and four other co-defendants had nothing to do with the murders and were wrongfully convicted in the case.
"They tried to stop me," he said.
Jovel provided that testimony at a hearing for Godinez's bid to overturn his conviction in the Aug. 4, 2007, shooting deaths of Terrance Aeriel, Iofemi Hightower and Dashon Harvey in the schoolyard behind the Mount Vernon School. Terrance's sister, Natasha Aeriel, was also shot in the head, but survived.
The alleged ringleader of the group, Godinez, 32, formerly of Newark, was the first of the six defendants to be convicted in the case. Three co-defendants, Jose Carranza, Alexander Alfaro and Gerardo Gomez, were later convicted at separate jury trials. Jovel and another co-defendant, Shahid Baskerville, each pleaded guilty.
The six men collectively received more than 1,000 years in prison. Prosecutors have said the six men had ties to a Central American gang known as MS-13, and that the murders were gang-related.
During Godinez's trial, an inmate at the Essex County jail testified that Godinez told him he had ordered the schoolyard killings.
Godinez was convicted of murder and related charges at his trial in May 2010 and then sentenced in July 2010 to 245 years in prison.
Jovel did not testify at Godinez's trial. In September 2010, Jovel pleaded guilty and admitted shooting all four of the victims.
When Jovel was sentenced in November 2010 to 245 years in prison, he said, referring to Godinez, "the person who was sentenced had nothing to do with this."
During Monday's hearing," Jovel, 26, formerly of Elizabeth, claimed he shot the victims, because he became angry when Natasha Aeriel was making fun of him and Godinez.
Jovel claimed he "forced" his co-defendants to take certain actions, such as when Alfaro attacked Hightower with a machete. At 18 years old, Jovel was younger than Godinez and Carranza at the time of the killings, and older than Alfaro, Baskerville and Gomez.
Godinez is now relying on those claims by Jovel in his motion for a new trial.
Since Jovel's statements were made after Godinez was convicted, Godinez's attorney, Susan Gyss, argued they represent newly discovered evidence that entitles Godinez to a new trial. The motion relies in part on Jovel's remarks during his sentencing hearing.
While Godinez was present at the time of the incident, Gyss told Superior Court Judge Michael L. Ravin during Monday's hearing that if Jovel had testified at Godinez's trial, his testimony "could have raised some doubt as to the actual involvement of Mr. Godinez."
Gyss argued Jovel's testimony was "evidence that could have made a difference at the trial."
Godinez also is attempting to overturn his conviction through a petition for post-conviction relief, in which Gyss has cited various alleged mistakes by Godinez's trial attorney, Roy Greenman.
But on Monday, Greenman testified at the hearing and asserted he made correct decisions during the trial.
"I don't second guess myself," Greenman said. "I thought the decisions I made were the correct ones."
Essex County Assistant Prosecutor Romesh Sukhdeo said during Monday's hearing that Greenman did a "fantastic job" in representing Godinez.
Sukhdeo also claimed Jovel's testimony was "completely incredible" based on the totality of the evidence presented at Godinez's trial, including Godinez's confession about his involvement in the incident and the testimony from Natasha Aeriel about how the crimes were "a group effort."
"There was a ton of evidence against Mr. Godinez in this case," said Sukhdeo, before later referring to Jovel testifying at the trial: "And even if he was called, I don't believe it would make any difference in the outcome."
Ravin said he would issue a written decision at a later date on Godinez's motion and petition.
Outside the courtroom after the hearing, James Harvey, the father of Dashon Harvey, said Jovel's testimony was "unbelievable."
Harvey said Jovel is trying to boost his image among fellow inmates within state prison by testifying on Godinez's behalf, but "you're a monster in the real world."
"Behavior like that is not tolerated, shouldn't be tolerated," Harvey said.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.