Man convicted in brutal NJ murder loses federal bid for release as judge denies habeas petition
TRENTON, NJ — A New Jersey man serving a 40-year sentence for the murder of a 75-year-old woman has been denied federal habeas relief, with a judge ruling that his constitutional claims failed to meet legal standards for overturning his state conviction.
Thor T. Frey was convicted of felony murder, robbery, burglary, and criminal mischief in the 2006 killing of Mary Bostian, whose beaten and bound body was discovered in her Phillipsburg home. On Monday, U.S. District Judge Zahid N. Quraishi denied Frey’s petition under 28 U.S.C. § 2254, concluding that the state courts had not violated Frey’s rights in any way warranting federal intervention.
Frey’s conviction came after a retrial. His first conviction was overturned by a New Jersey appeals court because the jury had not been instructed on lesser-included offenses. But in the second trial, the jury again found Frey guilty of felony murder and other related charges. He was sentenced to 40 years under the No Early Release Act, which requires that 85% of the sentence be served before parole eligibility.
The crime scene revealed signs of a violent struggle. Bostian had suffered multiple fractures and was asphyxiated. Her home had been ransacked, and a fireproof safe containing $25,000 was stolen. A “Thor’s Hammer” medallion linked Frey to the scene, along with testimony from his estranged wife Naomi Frey and his then-fiancée, Robin O’Grady.
Robin testified that Frey admitted to robbing a home and became visibly disturbed while watching a news report about Bostian’s murder. She said Frey confessed to robbing the house with his work partner and co-defendant, Donald O’Grady, while O’Grady “was with the lady” inside.
Frey’s habeas petition repeated arguments rejected in earlier appeals, including claims about evidentiary rulings, ineffective assistance of counsel, and newly discovered evidence. Judge Quraishi found that none of the claims justified relief, emphasizing that federal courts do not second-guess reasonable state court decisions absent a clear constitutional error.
The court also denied a certificate of appealability, meaning Frey cannot appeal the ruling unless granted permission by the Third Circuit Court of Appeals.