On July 12, 2017, eleven year old Abbiegail Smith of Keansburg went missing from the front of her apartment building on Hancock Street in Keansburg.  Her body was found the next morning on the roof beneath a window from the convicted murderer, Andreas Erazo’s apartment and was wrapped in a mattress cover.  Erazo is currently serving a life sentence in prison for the rape and murder of his downstairs neighbor, Abbiegail Smith.  Both the victim and perpetrator lived in the same apartment building. 

On February 25, 2019 Erazo pled guilty to the crimes of first degree murder and aggravated assault to a person under the age of thirteen years old.  During his plea hearing Ezaro did admit he raped the girl and stabbed her in the neck causing her death.  Prosecutors add that he strangled her with a computer cord. 

In May 2021 Ezaro was sentenced to life in prison and a short time later his attorney appealed the case claiming that the local police violated Ezaro’s Miranda rights prior to his confession.  The appellate court ruled in favor of the convicted murderer and this gives him the opportunity to remove his plea of guilty which could potentially cause a new trial in this matter.   He will remain jailed as his criminal case proceeds through the courts.

A summary of the Appeals court decision is below.  For the full decision click here.  https://www.njcourts.gov/attorneys/assets/opinions/appellate/unpublished/a4408-18.pdf?c=7WW

  • When police brought Erazo to the Keansburg police department, he was not under arrest and the police failed to tell him he could leave, make a phone call, etc.
  • While in an interview room, two Keansburg police officers questioned him but never advised him of his miranda rights.
  • During the interview Erazo told police that he attempted suicide in the past and he suffered from mental health conditions.
  • A second interview was conducted and only at that time was Erazo read his Miranda rights.  While continuing with the second interview Erazo confessed to accidentally killing the victim and indicated that he “suddenly found her in his apartment”.  When questioned about sexually abusing the victim he advised he “blacked out” and did not remember.

Christopher Swendeman, spokesperson for the Monmouth County Prosecutor’s office responded, “We are aware of the Appellate Court’s decision and will be filing a petition for certification with the New Jersey Supreme Court because we believe this decision fails to align with the requirements of Miranda.”  

Police are required by law to advised a defendant of their rights upon placing them under arrest.