Preye Roberts, 29, of Nutley, is pursuing a "diminished capacity" defense to attempted murder and related charges in connection with the 2010 shooting
NEWARK -- At Preye Roberts's upcoming trial for shooting an off-duty Fairfield police officer in 2010, prosecutors may present evidence that he was later firing the same weapon outside a liquor store in Union County, a judge has ruled.
Superior Court Judge Ronald Wigler handed down that ruling on Tuesday, about a month before the attorneys are scheduled to begin jury selection in the long-running case on March 8.
Roberts, 29, of Nutley, is facing attempted murder and weapons charges in connection with the Jan. 30, 2010 shooting of Officer Gerald Veneziano.
Roberts is accused of following Veneziano as the officer was driving his personal car on his way to work. After the two cars pulled into a parking lot near the Fairfield police headquarters, Roberts allegedly shot Veneziano multiple times.
Two weeks later, Roberts was arrested for allegedly firing a gun outside a Route 22 liquor store in Union Township. Authorities later determined that weapon was the same one used in the shooting of Veneziano.
During Tuesday's hearing, Roberts's attorney, Joseph Krakora, said his client admits shooting Veneziano, according to an audio recording of the hearing.
But the defense is preparing to argue during the trial that Roberts - who has a history of mental illness - suffers from "diminished capacity," meaning he had a mental defect or deficiency and did not form the intent needed to be convicted of certain offenses, according to Krakora.
Wigler previously ruled that Roberts is competent to stand trial.
As for the Union Township incident, Wigler on Tuesday said the state may admit evidence at the trial in regard to the recovery of various items, including the gun, shell casings, ammunition, and a rental car receipt.
That receipt allegedly helps show Roberts rented a car that matches the shooter's vehicle described by Veneziano.
In response to the "diminished capacity" defense, Essex County Assistant Prosecutor Romesh Sukhdeo, who is handing the case, had sought to introduce evidence that Roberts shot a Cadillac he was trying to enter outside the liquor store and that he shot a nearby surveillance camera. Sukhdeo suggested Roberts was trying to avoid detection by shooting the camera.
"He was actively trying to cover up criminal conduct," Sukhdeo told Wigler, according to the recording.
The judge, however, said prosecutors could not present evidence that Roberts allegedly shot the car and the camera, because such evidence would be irrelevant and prejudicial to Roberts. As for the state's claim that Roberts was trying to conceal his identity by shooting the camera, "that really requires speculation," Wigler said.
But Wigler suggested Sukhdeo may be able to address those issues in his cross-examination of a defense expert, who is expected to testify about Roberts's "diminished capacity."
"This information may end up coming out through cross-examination," Wigler said.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.