Skrandel v. State

830 So. 2d 109, 2002 WL 1059868
CourtDistrict Court of Appeal of Florida
DecidedNovember 13, 2002
Docket4D01-860
StatusPublished
Cited by3 cases

This text of 830 So. 2d 109 (Skrandel v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skrandel v. State, 830 So. 2d 109, 2002 WL 1059868 (Fla. Ct. App. 2002).

Opinion

830 So.2d 109 (2002)

John J. SKRANDEL, Appellant,
v.
STATE of Florida, Appellee.

No. 4D01-860.

District Court of Appeal of Florida, Fourth District.

May 29, 2002.
Opinion on Denial of Rehearing November 13, 2002.

*110 Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Donna Hoffmann and Judy Hyman, Assistant Attorneys General, West Palm Beach, for appellee.

STEVENSON, J.

The appellant, John J. Skrandel, was tried by jury and convicted of aggravated assault with a firearm. In this appeal, Skrandel argues that the trial court erred in denying his post-trial motion for new trial which was based on the alleged ineffective assistance of trial counsel. We affirm.

The Evidence at Trial

On March 21, 1999, at Osborne Park in Palm Beach County, John Skrandel and Michael Adams got into a heated argument over who would use a particular batting cage. During the argument, Skrandel retrieved a gun from his equipment bag and aimed the laser sight on Adams' forehead. For this, Skrandel was charged with and convicted of aggravated assault with a firearm.

The State's theory was that Skrandel had simply "lost it" and overreacted. To this end, Adams testified that when he called Mary Cramer, the park supervisor, *111 for support, Skrandel came at him with a bat. Adams grabbed the bat and threw it to the side, taking a couple of steps toward Skrandel. Then, Randy Huseby, one of Adams' assistant coaches, came over to the cage, told Skrandel to use another cage, lifted the net, and grabbed the bat from underneath to remove it from the situation. According to Huseby, his actions were prompted by Skrandel's increasing agitation and his remarking "where's the bat, where's the f-ing bat." Huseby testified that he threw the bat away, intending it to land near the playground. Instead, the bat hit the roof of a nearby building and made a loud noise. Adams stated that Skrandel yelled "don't throw the bat at my son" and "I'm going to blow your f-ing brains out." Huseby indicated that Skrandel exclaimed "you're trying to kill my son" and "I'm going to kill you." Despite Skrandel's reaction, both Mary Cramer and Huseby testified that the bat did not come near Skrandel's son.

Skrandel then grabbed his equipment bag and began rummaging through it. Adams testified that, at the time, Skrandel was moving backwards and he, Adams, was moving forward, intending to block the balls that he expected Skrandel to take from the bag and throw at him. Skrandel instead pulled a gun out of the bag and aimed it at Adams. Adams described Skrandel as "shaking a little bit" and saying that he was tired of being pushed around and something about his son.

Skrandel did not take the witness stand, but defended through counsel's argument that he acted in self defense, fearing that the two men were a threat to him and his son. As evidence of Skrandel's justified fear, defense counsel elicited testimony from Adams that Huseby was 6'6" and about 300 pounds, but Skrandel was only 5'9" and about 155 pounds. And, in an effort to discredit Adams' and Huseby's repeated assertions that Skrandel was never threatened, defense counsel cross-examined Joseph Staats, whose son played on the team that Adams coached and who saw Skrandel point the gun at Adams, forcing him to admit that he told police that he heard Skrandel screaming "get away from me, get back." Defense counsel also challenged Adams' credibility by eliciting testimony that he called Dr. Carl Panzarella, who witnessed the afternoon's events, to see what he thought and what he saw and had spoken to Cramer as well.

Skrandel's Motion for New Trial & Ineffective Assistance of Counsel Claim

Immediately following his conviction, Skrandel discharged his trial counsel and filed a pro se motion for new trial, arguing that his attorney had provided ineffective assistance by failing to call Dr. Panzarella, Skrandel's son, Skrandel's ex-wife, and Skrandel himself to testify in support of his claim of self defense. At the evidentiary hearing, Dr. Panzarella testified (1) that he had spoken to Skrandel that same day and asked him to switch cages and that Skrandel had agreed to do so without incident; (2) that when Huseby threw the bat Skrandel began screaming, but he was of the opinion that Skrandel's child was never in any danger of being hit; and (3) that prior to Skrandel pulling out the gun, Huseby and Adams were moving toward Skrandel.

Skrandel's trial attorney, Gordon Richstone, acknowledged that Panzarella's testimony was favorable to his client. He explained, however, that he elected not to call Panzarella as a witness at trial because he believed that the substance of Panzarella's favorable testimony had already been brought out and to call him would risk his unfavorable testimony being introduced as well—i.e., Panzarella had characterized Adams and Skrandel as "two maniacs" and would have been one more *112 witness testifying that Skrandel had pointed a gun at Adams.

Skrandel's son and ex-wife testified at the hearing as well. Skrandel's son stated that the bat had come within two feet of him and that he would have been hit had his dad not yelled for him to move. Attorney Richstone stated that he had spoken to the child, but had decided not to call him as a witness because he was too young and his memory was bad. Moreover, the State diminished the significance of the child's testimony by pointing out deposition testimony where the child indicated that he had his eyes closed during the incident. As for Skrandel's ex-wife, there was deposition testimony wherein she stated that when she picked her son up from the park that afternoon, he told her "somebody was trying to hurt or kill daddy." The State, however, pointed to testimony from the same deposition suggesting that their son had not made such a remark and that any statements the child had made were only after she calmed him down.

Finally, Skrandel called himself as a witness. Skrandel testified that if he had been called as a witness at trial, he would have stated that, during his argument with Adams, Huseby came into the batting cage, walked between them and picked up his son's bat. Skrandel responded by stating "that's our bat" and reaching out for it. Huseby walked out of the cage, brought up his arm fast, and threw the bat. Skrandel insisted that Huseby was so close to his son that he feared the child would get hit and yelled for him to move. Then, he picked up his bag containing his gun. After he retrieved the bag and turned back around, he saw that Huseby had thrown the bat at his son and that his son was moving backwards with his hands in the air. According to Skrandel, the bat came down right in front of his son's head. Skrandel explained that he then tried to get to his son, who was screaming, and that Adams took a step toward him. Skrandel stated that he backed away from Adams until he was cornered, telling Adams to get away from him and his son. Then, when Adams was about two feet away, Skrandel pulled out his gun.

To prevail in his claim of ineffective assistance of counsel, Skrandel was required to establish that

(1) "counsel's performance was deficient" in that "counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment"; and

(2) "the deficient performance prejudiced the defense" because "counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, 466 U.S. at 687, 104 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
830 So. 2d 109, 2002 WL 1059868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skrandel-v-state-fladistctapp-2002.