DiGilio Jury to Resume Deliberations Tuesday

The jury in the Anthony DiGilio vehicular homicide case will continue deliberations Tuesday morning.

The jury was dismissed for the day around 4:30 p.m. Monday after hearing a court stenographer read a transcript of testimony from prosecution witness Jack Neary, who was fishing at the Point Pleasant Canal the night of the Aug. 3, 2008 fatal boat accident that led to the trial.

In the accident, DiGilio's 27-foot Imperial collided with a 17-foot Boston Whaler being piloted by Robert Post, 49, of Essex Fells. Post was killed and two others severely injured.

Judge Francis Hodgson said he received three notes from jurors about an hour into their deliberations: the first was requesting to see security video footage from a camera at Fisherman's Supply on Channel Drive in Point Pleasant Beach, the second was to hear a transcript of Neary's testimony, and the third was for a smoking break.

Neary's testimony supports the prosecution's contention that DiGilio's bow light was not illuminated the night of the accident, while the security video from the bait shop shows a boat resembling DiGilio's motoring up the channel near the Wharfside Patio Bar – where DiGilio had been that night – with both its bow and stern lights on at the time DiGilio would have been on his way home.

Neary, who told investigators he was fishing at the Point Pleasant Canal the night of the accident, testified that he saw a boat resembling DiGilio's drive by with its white stern light, but not its front bow lights, illuminated.

The prosecution's case hinges on whether or not the jury believes DiGilio was operating his boat in a criminally reckless manner when the accident occurred – by failing to have his bow lights turned on and by travelling too fast for the conditions at the time.

The panel of eight men and four women were ordered by Hodgson to report back to the Ocean County Justice Complex at 9 a.m. Tuesday to continue their deliberations.