State v. Dearborn

846 A.2d 894, 82 Conn. App. 734, 2004 Conn. App. LEXIS 191
CourtConnecticut Appellate Court
DecidedMay 4, 2004
DocketAC 22645
StatusPublished
Cited by11 cases

This text of 846 A.2d 894 (State v. Dearborn) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dearborn, 846 A.2d 894, 82 Conn. App. 734, 2004 Conn. App. LEXIS 191 (Colo. Ct. App. 2004).

Opinion

Opinion

SCHALLER, J.

The defendant, John Dearborn, appeals from the judgment of conviction, rendered after a jury trial, of robbery in the first degree in violation of General Statutes § 53a-134 (a) (4).1 On appeal, the defendant claims that (1) the trial court improperly [736]*736admitted evidence of three other robberies, (2) the court improperly admitted physical evidence, (3) the state committed prosecutorial misconduct, thereby depriving him of a fair trial, and (4) the court improperly instructed the jury. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. At 1 a.m. on December 6, 1999, the defendant entered an Exxon gasoline station and convenience store in Fairfield. He approached the overnight clerk, who was working alone, and shouted at the clerk, instructing him not to look or he would shoot. Despite that admonition, the clerk observed that the defendant was wearing gray sweatpants and a black sweatshirt. The defendant also wore a maroon mask and had a paper bag over his right hand. The defendant told the clerk to open the cash register and then to lie down on the floor. The defendant continued to point his right hand, which was still covered by a paper bag, at the clerk and took the money from the register with his left hand. The defendant fled from the store, and the clerk called the police.

While the robbery was taking place, Officer Christopher Rubis of the Fairfield police department was patrolling the area. He noticed the defendant, who was approximately twenty to twenty-five feet away from the store. As Rubis slowed his patrol car, the defendant increased his walking speed and then suddenly began to run away. Rubis chased him, but was unable to catch him. Shortly thereafter, Rubis noticed a red minivan parked in a Gulf gasoline station. The minivan was parked differently from the rest of the cars in the lot and, although all of the other cars had condensation on their windows, the minivan did not. After further investigation, Rubis learned that the defendant’s wife was the primary user of the car. Further inquiries revealed that according to the Gulf station’s manager, [737]*737the minivan did not belong at the station. Looking into the van, Rubis saw birth certificates belonging to the defendant’s children. At approximately 4 a.m., the police went to the defendant’s house where the defendant’s wife met them. She informed them that the defendant was not at home.

The police also searched the area of the defendant’s escape route. In a wooded area nearby, Rubis found a gray sweatshirt, a pair of black sweatpants and a brown paper bag. Forensic tests revealed that the sweatshirt contained head hair, some of which was similar to the defendant’s head hair. None of the hair on the sweatpants was similar to the defendant’s hair. The defendant later was arrested, charged and convicted. This appeal followed. Additional facts will be set forth as necessary.

I

The defendant claims that the court improperly admitted evidence of other crimes he allegedly committed, specifically three other robberies. The court admitted the evidence as prior misconduct based on grounds of common scheme, intent and identity. The defendant contests the admission on each ground and argues that the evidence was not sufficiently probative.

The following additional facts are necessary for the resolution of the defendant’s claim. Before trial, the state informed the defendant that it planned to introduce evidence of prior and subsequent misconduct. The state filed a motion in limine seeking to admit the evidence. The court held a hearing, and the state introduced evidence of three incidents of other crimes, specifically, robberies that had occurred in Shelton, Milford and Westport.

The Shelton robbery occurred on August 6, 1999, at a Subway sandwich store. The store was staffed by a [738]*738single clerk who was preparing to close the store. The door to the store was locked, but a second employee, who was not scheduled to work that evening, used her key to enter the store to pick up her paycheck. At approximately 10:30 p.m., the defendant ran toward the store, opened the door, which had not been relocked, and ran to the register, where the clerk was standing and talking to the second employee. The clerk observed that the defendant was wearing jeans and a flannel shirt. The defendant also wore a nylon stocking mask over his face. His left hand was empty, but a brown paper bag covered his right hand.

After entering the store, the defendant pointed his right hand, still covered by the bag, at the clerk standing near the register. The defendant told the clerk to open the register; when the clerk hesitated, the defendant tinned toward the other employee and threatened to kill her. The clerk opened the register, the defendant reached over the counter and, with his left hand, grabbed money out of the drawer. The defendant then fled the store.

As the defendant ran out of the store and into the street, he ran in front of a woman who was driving an automobile. Their eyes met briefly, and the defendant continued to a red minivan that was parked across the street from the store. The defendant entered the minivan, drove onto the road and followed the woman’s vehicle. The defendant tried to pass her, but traffic forced his vehicle back into her lane. As a result, he forced her car off the road. Shortly thereafter, the woman wrote down the registration plate number of the defendant’s minivan. She later called the Shelton police.

The police investigated the minivan and discovered that it was registered to the defendant’s father-in-law, who explained that he had given it to his daughter to use. The police went to the defendant’s house where [739]*739they observed the van. As the police were observing the van, the defendant came out of the house and moved the van a short distance. The police arrested the defendant.2 The woman whose vehicle had been forced off the road was taken to the defendant’s house, where she identified the defendant and the minivan. After searching the defendant’s house, the police found a flannel shirt, which was later identified by the store clerk and the employee as the one worn by the defendant.

The Westport robbery took place on December 4, 1999, at a Cumberland Farms convenience store. At approximately 11:30 p.m., a clerk was working alone in the store. The defendant entered the store wearing a sweatshirt, jeans and a mask that appeared to be a thick stocking mask. The defendant’s left hand was empty, but his right hand was covered by a paper bag. He told the clerk to open the cash register and threatened the clerk; the clerk complied with the defendant’s demand. The defendant reached into the register drawer with his left hand and took money. As soon as the defendant had the money, he left the store.

After the defendant left, the clerk called the police. The police responded with a canine unit, which followed the defendant’s scent to a parking lot behind the store. While following the dog, the police recovered a shirtsleeve, a paper bag and a cash register clip. Forensic testing on the sleeve revealed hair that was microscopically similar to that of the defendant and a mixture of DNA that included his DNA.

The Milford robbery occurred on July 6, 2000, at a Foodmart in Milford. At 3:30 a.m., a clerk was working alone in the store when the defendant entered wearing a baseball cap and a blue mask.

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Cite This Page — Counsel Stack

Bluebook (online)
846 A.2d 894, 82 Conn. App. 734, 2004 Conn. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dearborn-connappct-2004.