State v. Eastwood

850 A.2d 234, 83 Conn. App. 452, 2004 Conn. App. LEXIS 264
CourtConnecticut Appellate Court
DecidedJune 22, 2004
DocketAC 23907
StatusPublished
Cited by23 cases

This text of 850 A.2d 234 (State v. Eastwood) 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. Eastwood, 850 A.2d 234, 83 Conn. App. 452, 2004 Conn. App. LEXIS 264 (Colo. Ct. App. 2004).

Opinion

Opinion

FOTI, J.

The defendant, William Eastwood, appeals from the judgment of conviction, following a jury trial, of three counts of attempt to commit kidnapping in the second degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-94 (a), three counts of risk of injury to a child in violation of General Statutes (Rev. to 1999) § 53-21 (a) (1), as amended by Public Acts 2000, No. 00-207, § 6, and one count of interfering with an officer in violation of General Statutes § 53a-167a.1 On appeal, the defendant claims that the court improperly (1) denied his motion to suppress items that police seized from his van, (2) admitted these items into evidence and (3) denied his motion for a judgment of acquittal with regard to the risk of injury counts. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. During the afternoon hours of October 16, 2000, the defendant drove in his van to Liberty Street in New Haven. He parked his van near a multifamily house where ten year old J, eleven year old R and twelve year old N, who are brothers, resided with their family. In the early evening hours, after the boys had returned home from school, R and N walked to a nearby market [455]*455to purchase snacks. J received a quarter from his uncle and began walking toward the market to join his brothers. J was not wearing a shirt.

The defendant, who was sitting in the driver’s seat of his van with the driver’s window rolled down, observed J walking alone toward the market. The defendant called to J, saying, “little boy . . . come here, come here.” J declined. The defendant then said to J, “come in this van,” and indicated that he wanted to take him to Madison. When J again refused to approach, the defendant said, “when I take you, you’re not going to tell your parents.” The defendant told J, “don’t make me come out of this van and grab you and kill you; you ain’t gonna see your parents again.” The defendant then opened the driver’s door of his van and stepped out. The defendant threatened to kill J if he did not get into the van. J smelled alcohol on the defendant’s breath, observed the defendant drinking from a square shaped bottle and observed through a window a mattress in the back of the van.

Frightened by the defendant, J ran to the market and told his brothers about his encounter with the defendant. Shortly thereafter, the three brothers left the market together. They soon encountered the defendant, who called to them. The defendant had spoken with R shortly before, asking him to go with him in his van. The defendant now asked the boys, as a group, to accompany him to Madison. J left the scene to get his uncle, who lived in his house. The defendant again asked R and N to get into the van so he could “take them somewhere.” The defendant threatened to kill R and N if they did not get into the van. The defendant told R that he was not a stranger and that he was not dangerous. R refused to get into the van, telling the defendant, among other things, to leave him alone and that he was a stranger.

[456]*456J summoned his uncle, telling him that “there is a guy that wants to take me to Madison; if I don’t get in the car, he is going to kill me.” The victims’ uncle immediately walked to the van and asked the defendant what he wanted. The uncle had never met the defendant before and believed that the defendant was intoxicated. The defendant asked the uncle if he could take the boys to Madison. The uncle strongly refused, instructed his nephews to go back inside their house and dialed 911 on his cordless telephone.

The defendant, watching the boys’ home, remained in his van until Gregory Catania, a New Haven police officer, arrived. The defendant disobeyed Catania’s commands to exit the van. Catania opened the driver’s door of the van, pulled the defendant out of the van and attempted to handcuff the defendant. The defendant resisted. A second police officer, Rosealee Reid, arrived and assisted Catania in handcuffing the defendant and placing him in the back of Catania’s police cruiser. Catania placed the defendant under arrest. The defendant brought this appeal after his trial and conviction. Additional facts germane to the defendant’s claims will be set forth as necessary.

I

The defendant first claims that the court improperly denied his motion to suppress items that police found in his van. We disagree.

The record reflects that police filed an application for a warrant to search the defendant’s van, which was being stored at a police garage following the defendant’s October 16, 2000 arrest. Peter Moller, a detective with the New Haven police department, and David Fitzgerald, an officer with the New Haven police department, submitted the application as well as their affidavit in support of the warrant application. The application was for “any and all weapons and firearms including pistols, [457]*457rifles, revolvers, shotguns, hatchets, axes, knives, cutting instruments and cutting tools, blunt force instruments, projectiles, ammunition, bullet casings, computer systems . . . that may be used to ‘access’ . . . process or store data, cameras, video equipment, ‘lures’ i.e. toys, books, computer games, other items that would attract a child, restraints, video tapes, film, photographs or other images of a sexual nature” within the van.

In their affidavit, Moller and Fitzgerald averred, on the basis of their personal knowledge, personal observations, information received from other police officers, police reports and from statements given by prudent and credible witnesses, the following facts. On October 16, 2000, Catania and Reid responded to the 911 call from the victims’ uncle concerning a man outside of his home who threatened to kill his nephews if they did not accompany him. The officers found the defendant sitting in his van, but the defendant refused to comply with instructions to exit the van. The officers physically removed the defendant, who appeared to be intoxicated, from the van. The officers conducted a brief search of the van for weapons, but did not find any. Catania, however, noticed a “silver police type badge” on the van’s dashboard.

Moller and Fitzgerald further averred that Catania had spoken with the uncle, who related that J had run to his house and told him that “ ‘there’s a guy who wants to kill me. There’s a guy that wants to kill me if I don’t get into his car.’ ” The uncle went outside and found the defendant sitting in the driver’s seat of his van, talking to R and N. The defendant asked the uncle if he could take the boys to Madison. The uncle refused and called 911. Later that night, detectives from the New Haven police department interviewed J, R and N. Ten year old J recounted that the defendant had called to him, asked him to get into the van and said, “ ‘If you [458]*458don’t come in, I’m gonna kill you.’ ” At that time, the defendant opened the driver’s door and moved his feet outside of the van. R and N recounted their similar experience, how the defendant had called to them and told them that he wanted to take them somewhere. R and N informed the detectives that, when they refused, the defendant appeared to become angry and told them, “ ‘come here or I’ll kill you.’ ”

Moller and Fitzgerald further averred that following the defendant’s arrest, they conducted a criminal background check. They discovered that, in October, 1989, Madison police had arrested the defendant for risk of injury to a child.

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Cite This Page — Counsel Stack

Bluebook (online)
850 A.2d 234, 83 Conn. App. 452, 2004 Conn. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eastwood-connappct-2004.