State v. Drummy

557 A.2d 574, 18 Conn. App. 303, 1989 Conn. App. LEXIS 126
CourtConnecticut Appellate Court
DecidedMay 2, 1989
Docket5875
StatusPublished
Cited by7 cases

This text of 557 A.2d 574 (State v. Drummy) 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. Drummy, 557 A.2d 574, 18 Conn. App. 303, 1989 Conn. App. LEXIS 126 (Colo. Ct. App. 1989).

Opinion

Spallone, J.

The defendants are appealing their convictions, after a jury trial, of the crime of criminal trespass in the first degree under General Statutes § 53a-107 (a) (l).1

[305]*305From the evidence introduced at trial, the jury could reasonably have found the following facts. On October 4,1986, United States Army Staff Sergeant Betty A. Hill was stationed at the armed forces recruiting office located at 157 Orange Street in New Haven. Hill’s primary duty at the time was to interview and recruit people to enlist in the United States Army. She normally worked from 8 a.m. to 5 p.m. daily. The premises were open one Saturday each month to accommodate prospective recruits who were unable to come in during the week. During working hours, the recruiting station was open to the general public. On Saturday, October 4, 1986, Hill arrived at the recruiting facility sometime between 11 and 11:30 a.m. Upon her arrival, she observed a group of people marching on the sidewalk outside the office. She entered the office. A short time later, she left on an errand, leaving the door unlocked. Upon her return, she discovered the defendants, Michael Drummy, Ann Sorenson, John Sevanick and Suzanne Abrams, inside the recruiting station. While Hill was away, the defendants, carrying a large wooden cross, had entered the facility, where they began to sing and pray. Hill observed the defendant Sorenson tearing up army recruiting posters. Sorenson had taken these posters down from the wall and replaced them with others. Hill asked the defendant Abrams, who was kneeling in front of the doorway to the facility, to leave. Abrams responded that the group “couldn’t leave.”

Failing to persuade the group to leave, Hill called the police. Officer Hildon Wright of the New Haven police department was the first to arrive, followed by Officer Theodis Fenn. Both officers saw a group of demonstrators outside the recruiting office and, upon [306]*306entering, discovered the four defendants inside. After ascertaining that Hill wanted the defendants to leave, the officers asked them to do so. They refused. Wright then contacted his supervisor, Sergeant Edward Clough. When Clough arrived at the scene, he and the other officers met with Hill outside the premises. Hill explained that she was in charge of the recruiting office and that she wanted the defendants to leave. Hill and the officers entered the facility, and Clough identified himself to the defendants and explained that Hill wanted them to leave. Clough also warned the defendants that if they did not leave they would be arrested. The defendants did not respond to Clough’s statements, but continued singing and praying. After a period of five to ten minutes, Clough again warned the defendants that if they did not leave the premises they would be subject to arrest. The defendants again failed to respond. Thereafter, they were arrested.

The defendants, appearing pro se, were tried to a jury and convicted of the crime of criminal trespass in the first degree in violation of General Statutes § 53a-107 (a) (l).2 Upon conviction, each defendant was sentenced to a term of four months, execution of sentence suspended, and placed on probation for two years. This appeal, by all four defendants, followed.

The defendants claim that the trial court erred (1) in ruling that their proffered evidence regarding the defense of necessity was insufficient as a matter of law, (2) in unduly restricting their ability to present a defense, (3) in improperly instructing the jury on the charge of criminal trespass in the first degree, and (4) in making reference to the possibility of later appellate review of evidentiary rulings. We find these claims of error to be without merit.

[307]*307The trial court correctly ruled that the defendants’ proffered evidence regarding their proposed defense of necessity was insufficient as a matter of law. Prior to trial, the defendants filed a motion in limine with regard to their proposed defense of necessity and the admissibility of expert testimony on international law. The defendants sought an advance ruling as to whether they would be permitted to raise a defense of necessity and argue principles of international law as part of their defense. After reviewing the defendants’ motion and supporting memorandum, and having heard the defendants’ proffered evidence, the trial court initially denied the motion as being premature. Later, the court set aside its ruling and asked for further argument regarding the defense of necessity. Each defendant was permitted to present further extensive argument regarding the proposed defense of necessity and the applicability of international law. The defendants expressed their earnest belief that the policies of the United States with regard to the Republic of Nicaragua were in violation of international law. Essentially, the defendants argued that, if they did in fact commit a trespass at the recruiting station in New Haven, it was necessary in order to prevent the commission of “atrocities” in Nicaragua. The defendants also described other activities in which they had engaged in order to protest government policies regarding Nicaragua, asserting that these other efforts had proved “futile.”

After hearing arguments, the trial court ruled that a defense of necessity was inappropriate under the facts and circumstances of this case. The court determined that the defendants’ evidence, even if believed, failed to demonstrate any causal relationship between their commission of the crime of trespass at the recruiting office in New Haven and the prevention of perceived harms. Accordingly, the court concluded that the [308]*308defense of necessity was inapplicable under the facts and circumstances of this case and that any evidence relating to the defense offered by the defendants would be irrelevant. We agree with the trial court.

Our statutory definition of the defense of justification, General Statutes §§ 53a-163 and 53a-17,4 does not include “necessity” as a recognized defense to a criminal charge. Indeed, our Supreme Court has indicated that the defense of necessity has no statutory basis in Connecticut. See In re Juvenile Appeal, 184 Conn. 157, 163-64, 439 A.2d 958 (1981) (noting that, although statutes in other jurisdictions and the model penal code explicitly define necessity, “[tjhere appears to be no statutory definition in Connecticut for the defense of necessity”).

At common law, the defense of necessity has been recognized under certain narrowly defined circumstances. See, e.g., United States v. The Diana, 74 U.S. (7 Wall.) 354, 19 L. Ed. 165 (1869). The defense rests upon the proposition that “there may be circumstances where the value protected by the law is, as a matter of public policy, eclipsed by a superceding value which makes it inappropriate and unjust to apply the usual criminal rule.” Commonwealth v. Brugmann, 13 Mass. App. 373, 377, 433 N.E.2d 457 (1982); see also W. [309]*309LaFave & A. Scott, Substantive Criminal Law (1986), § 5.4, p. 629. The defense of necessity “traditionally covered the situation where physical forces beyond the actor’s control rendered illegal conduct the lesser of two evils.” United States v. Bailey,

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Cite This Page — Counsel Stack

Bluebook (online)
557 A.2d 574, 18 Conn. App. 303, 1989 Conn. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-drummy-connappct-1989.