Union Beach Woman, Guilty Of Killing Her 2 Children By Fire, Seeks A New Trial

UNION BEACH, NJ — A Union Beach woman currently serving a 100-year prison sentence for killing her baby and her toddler, after she started a fire in the car where they were strapped into their car seats, is asking for a new trial.

A public defender for Maria Montalvo, 61, argues expert testimony the state used against her in 1994 is no longer scientifically valid.

Montalvo was found guilty of fatally burning her two young children, her son, 28 months old, and a daughter, 18 months, in 1994. This happened in Long Branch, according to a New York Times archived report. Montalvo's car burst into flames moments after she pulled into the driveway of her mother-in-law's home. Her mother-in-law testified that she saw Montalvo throw an object towards a gasoline can in the car's front seat as she got out of the car. The Monmouth County Prosecutor also said Montalvo previously bought $3 worth of gasoline before driving to Long Branch.

(She had just dropped her two older children off at school.)

Montalvo was found guilty for the two deaths.

Montalvo is represented by Tamar Lerer, from the office of the New Jersey Public Defender. This week, Lerer said Montalvo was convicted based on "bad science."

"Since Ms. Montalvo’s conviction, the scientific evidence presented in her case has been revealed to be fundamentally flawed and unsupported by current medical understanding," said Lerer Tuesday. "Both the defense and the prosecution acknowledge that it is bad science. A conviction based on bad science is not a just conviction. As scientific knowledge evolves, the justice system must evolve with it. In Ms. Montalvo’s case, that means ensuring she receives a new, fair trial grounded in valid and reliable evidence."

Last week, Montalvo's attorney asked Superior Court Judge Jill Grace O'Malley to grant a new trial, the Asbury Park Press reported. O'Malley has not reached a decision yet.

A spokesman for the Monmouth County Prosecutor declined to comment this week, saying: "We don't feel that it would be appropriate for us to comment at this time, particularly while the judge is considering the pending matter."