State v. Couture

589 A.2d 343, 218 Conn. 309, 1991 Conn. LEXIS 110
Supreme Court of Connecticut·Decided April 16, 1991·No. 13725·Published·Cited by 29 cases

Opinion

Santaniello, J.

The defendant appeals from the judgment of conviction, after a jury trial, of three counts of felony murder in violation of General Statutes § bSa-Mc.1 He was sentenced to three terms of [311] imprisonment of twenty-five years to life, such sentences to run consecutively, for a total effective sentence of seventy-five years to life.

The defendant was indicted by a grand jury in 1979 for the commission of three murders in the course of an armed robbery. He was convicted after a jury trial in 1981 and appealed. That conviction was reversed by this court. State v. Couture, 194 Conn. 530, 482 A.2d 300 (1984), cert. denied, 469 U.S. 1192, 105 S. Ct. 967, 83 L. Ed. 2d 971 (1985) (Couture I). A second trial that commenced in November, 1986, culminated in a mistrial. A third trial, commenced on May 9,1989, led to the convictions from which the defendant presently appeals.

In his appeal the defendant alleges that the trial court improperly: (1) conducted the voir dire process on the first day of the Jewish holiday of Passover; (2) restricted voir dire examination of a prospective juror who had served on a prior criminal jury; (3) limited cross-examination of the state’s chief witness as to an alleged prior accusation; (4) permitted the state to introduce the hearsay statements of a coparticipant in the crimes through the testimony of the state’s chief witness; (5) denied the defendant a speedy trial; and (6) denied the defendant’s motion to suppress the fruits of the searches and seizures conducted at his house at the time of his arrest. During oral argument before this court, counsel for the defendant withdrew the speedy trial claim from consideration.

[312] The facts that the jury could reasonably have found from the evidence presented at trial are virtually indistinguishable from those described by this court in Couture I, supra, 532: “On the early morning of April 16,1979, the police were called to the Purolator Armored Car garage in Waterbury where three guards, Leslie Clark, Edward Cody and William West, were found shot to death. Each body suffered multiple gunshot wounds, and the exterior and interior of the garage were littered with 24 expended 30 caliber shell casings fired from two M-l semi-automatic carbines. The truck [that] Cody and West had driven from Hartford early that morning into the Waterbury garage where Clark was working alone was riddled with bullet holes, and its contents, a shipment of approximately 1.8 million dollars in cash, checks, food stamps and jewelry were missing.”

Two witnesses for the state, Evelyn Vega and Donna Souza, testified about a plan, formulated in February of 1979, to rob the Purolator Armored Car garage in Waterbury. Vega, Souza, Patricia Dolphin, Lawrence Pelletier and the defendant were involved in planning this robbery. Vega and Souza testified as state’s witnesses and implicated the defendant as one of the two people involved in committing the crime. They testified that, after returning to the defendant’s home immediately after the robbery, Pelletier and the defendant had described the robbery and murders, and then had proceeded to transport all of the weapons and fruits of the crime from their pickup truck into the house. Certain of the contraband and weapons were then moved to the home of Pelletier and Vega, who were living together. Thereafter, on the basis of a statement given by Dolphin on April 17,1979, the police executed a search warrant on the defendant’s home in Walling-ford and discovered numerous items, including two [313] large sacks of money, a money bag, garbage bags full of money and coins. Also found in the basement was a locked, grey metal cabinet. It contained, among other things, a briefcase full of money, black sneakers, gloves, a Connecticut license plate, wire cutters, two carbine rifles, tape, and clips of ammunition. A key on a leather loop attached to the defendant’s pants fit the lock on the metal cabinet. A Cadillac automobile and a green pickup truck were discovered in the area behind the defendant’s residence.

The continuing police investigation was able to match all but one of the deposit bags taken from the defendant’s residence with the deposit bags listed on the bills of lading for the armored car in the Purolator garage. In addition, the Waterbury police laboratory determined that two of the cartridge casings discovered in Pelletier’s basement had been ejected from the same weapon as ten of the casings taken from the crime scene; that all of the cartridge casings, bullets, and bullet fragments taken from the crime scene or the bodies of the slain guards were linked to the two carbines found in the defendant’s basement; that the victims had been shot by both of the carbines; and that the wire cutters found in the defendant’s basement had severed a chain behind the Purolator garage.

During the trial, Souza, the defendant’s former wife was cross-examined as to whether she had, on a prior occasion, falsely accused her lawyer of rape. The state’s objection was sustained, and the defendant attempted through a series of voir dire questions to qualify the line of questioning but failed. He now claims that his sixth amendment right to confront and cross-examine his accusers has been unconstitutionally denied.

The defendant also objected to the testimony of Yega, who testified in great detail about statements that [314] Lawrence Pelletier made privately to her, in the absence of the defendant, in which Pelletier supposedly provided a graphic description of the robbery and killings and the role of the defendant in committing these crimes. The court ruled that the statements were admissible under the coconspirator exception to the hearsay rule. The defendant claims that the statements did not fall within the exception and should have been excluded on federal constitutional grounds.

The defendant further moved to suppress the fruits of the searches and seizures conducted at his house at the time of his arrest. These searches yielded the murder weapons and most of the loot taken from the Purolator garage. A motion to suppress on the same grounds was denied by the trial court, Hull, J., in the first trial, and upon appeal, this court affirmed Judge Hull’s ruling. Couture I, supra, 531-47.

I

The defendant first claims that the trial court should not have held jury selection on the first day of Passover, an important Jewish holiday. He argues that religiously observant Jews would not serve on a jury on the first day of Passover, and thus, that he was deprived of his constitutionally guaranteed right to a jury truly representative of the community.

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State v. Couture, 589 A.2d 343, 218 Conn. 309, 1991 Conn. LEXIS 110 (Colo. 1991).

589 A.2d 343 (State v. Couture) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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