NEW JERSEY APPELLATE COURT TOSSES ATTEMPTED MURDER CHARGE OVER FLAWED GRAND JURY INSTRUCTIONS

Mohammad Ramadan was indicted in 2022 with first-degree attempted murder, aggravated assault and weapons offenses for allegedly attacking 79-year-old attorney Ira Levine with a wooden baton. The attack, which occurred at his law office, sent Levine to the intensive care unit and ultimately left him with severe head injuries and long-term cognitive impairment.

Just days ago, the New Jersey Appellate Division dismissed the indictment as to the first-degree attempted murder charge, ruling that the Bergen County Prosecutor's Office gave the grand jury incorrect legal instructions about the required mental state for the offense, thus, the grand jury may have relied on an impermissible interpretation of the law.

According to court documents, the assistant prosecutor told the grand jury that Ramadan could be charged with attempted murder if he intended to cause either death or “serious bodily injury resulting in death.” The appellate panel found this to be “blatantly wrong,” noting that New Jersey law requires proof of intent to cause death—not merely serious bodily harm—for an attempted murder charge.

“The grand jury could have mistakenly determined an attempt to purposely cause serious bodily injury resulting in death, rather than an intent to cause death, would suffice,” the court wrote in its published opinion. The judges emphasized that although the prosecutor did at times correctly state the law, the incorrect instruction created “an inherent intolerable possibility” that the indictment was based on a faulty legal standard.

Adding to concerns, the grand jury asked for a rereading of the law during deliberations, suggesting confusion. The prosecutor then repeated the same flawed explanation, reinforcing the incorrect mental state.

Ramadan’s defense had also argued that the prosecutor misled jurors by denying any prior reports of “bizarre” or aggressive behavior, despite one witness having described Ramadan as appearing “disheveled” and behaving unusually. However, the appellate court did not reach that issue, as it found the flawed legal instructions alone warranted dismissal of the attempted murder count.

The decision allows prosecutors to re-present the case to a new grand jury if they choose, using accurate legal guidance.

The remaining charges - including aggravated assault and weapons offenses - still stand.

Ramadan was represented by Assistant Deputy Public Defender Lily W. Halpern.

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