The man serving more than a life sentence for the killing of a beloved radio host and veterans advocate is not entitled to a new hearing, a judge ruled Tuesday.
Augello and the late doctor, James Kauffman, were partners in an illegal prescription scheme that led to the killing, according to the state's case.
But Augello — who all sides agreed was not the one who fatally shot April Kauffman — has denied any involvement in her death.
Instead, he argued last month that prosecutorial misconduct and ineffective counsel in his defense added up to a wrongful conviction.
Superior Court Judge Donna Taylor did not agree.
The arguments presented last month arguing for an evidentiary hearing were just the same ones already presented before trial, before sentencing and after sentencing, she said in a 21-page ruling.
Augello claims that his defense attorneys should have called Dr. Michael Baden, a famed forensic pathologist who gave a much different timeline for April Kauffman's death than the one that fit the state's case.
But the jurors did hear Baden's take, the judge said in her written ruling Tuesday.
Because the state had originally retained Baden, his report was used to cross-examine the expert the state did use. The report was also referenced during the defense's closing, Taylor noted.
"The jury was unpersuaded by this argument," she wrote.
Augello's allegations also relied on former prosecutors who worked under then-Prosecutor Damon Tyner, including a letter to the Attorney General's Office authored by former acting Prosecutor Diane Ruberton and two other female assistant prosecutor.
The women made several allegations against Tyner and his allegedly questionable leadership in the letter, which turned into a lawsuit. They were paid $1.5 million in a settlement.
Among the accusations were that Tyner had not presented all the evidence to the defense in the case.
Allegations by another former assistant prosecutor were not enough either, Taylor found.
Matthew Davidson alleged that in July 2019, Tyner directed him to pursue a forfeiture action against a house that was associated with criminal activity.
Augello alleges this was the home where he resided at the time of his arrest, which belonged to his then-girlfriend. But no evidence was offered to prove that connection, Taylor wrote.
Augello also claimed that he was threatened not to testify on his own behalf by his attorneys. But Taylor pointed to Augello's comments to the judge during trial saying that he would take the advice of counsel.
Augello also said his attorneys didn't offer witnesses to prove he had no connection to the gunman, Frank Mulholland, who died before any arrests were made in the case.
Taylor notes no specific witnesses who Augello alleges could back his claims were ever mentioned by him.
Augello remains in New Jersey State Prison. He would not be eligible for release until Jan. 8, 2073. He would be 106 years old.
