State v. Fisher

556 A.2d 596, 210 Conn. 619, 1989 Conn. LEXIS 97
CourtSupreme Court of Connecticut
DecidedApril 11, 1989
Docket13436
StatusPublished
Cited by8 cases

This text of 556 A.2d 596 (State v. Fisher) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fisher, 556 A.2d 596, 210 Conn. 619, 1989 Conn. LEXIS 97 (Colo. 1989).

Opinion

Callahan, J.

The defendant, Tracy Fisher, was charged in a substitute information with the crimes of murder in violation of General Statutes § 53a-54a (a),1 conspiracy to commit murder in violation of General [621]*621Statutes §§ 53a-48 (a)2 and 53a-54a (a) and assault in the first degree in violation of General Statutes § 53a-59 (a) (l).3 The charges arose out of the shooting death of Thomas Dixon and the wounding of Barrington Solomon on May 12, 1987, while the two men sat drinking and talking on the first floor rear porch of a three story multiple family dwelling located at 104 Enfield Street in Hartford. A witness testified that between 8:30 and 9 o’clock that evening he saw the defendant and Michael Walker alternately fire bursts from an automatic or semiautomatic weapon at the men on the porch. Other witnesses said they saw the defendant and Walker fleeing from the scene, with the defendant in possession of the weapon. The shooting apparently came about as a result of bad blood between Walker and Solomon brought about by a previous shooting in which Solomon had allegedly severely wounded Walker’s brother. The deceased, it appears, simply happened to be in the wrong place at the wrong time. A jury convicted the defendant of all three counts of the substitute information and the trial court sentenced him to a term of fifty years in prison.

At trial, a written statement of the defendant given to Hartford police officers on June 9,1987, was admitted into evidence. Although generally exculpatory, it placed the defendant near the scene of the crime in the company of Walker on the evening of May 12, 1987, and also indicated that he was associated with Walker [622]*622in the distribution of narcotics. The defendant objected to the admission of the statement and moved to have it suppressed. On appeal, as he did at trial, the defendant argues that his written statement should have been excluded because the state failed to meet its burden of proving that he had voluntarily, knowingly and intelligently waived his Miranda rights.4 He then argues that without the written statement there was insufficient evidence to convict him of the crimes charged.

After a hearing on the defendant’s motion to suppress his written statement, the trial court found that the state had proved by a preponderance of the evidence that the statement had been given by the defendant “knowingly and intelligently, after a voluntary waiver and advisement of his rights under Miranda.” It, therefore, denied the defendant’s motion. We find no error. While we agree with the trial court and have examined its findings of fact, “our usual deference to factfinding by the trial court is qualified, on questions of this nature, by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” State v. Harris, 188 Conn. 574, 580, 452 A.2d 634 (1982), cert. denied, 460 U.S. 1089, 103 S. Ct. 1785, 76 L. Ed. 2d 354 (1983); State v. Pellegrino, 194 Conn. 279, 288-89, 480 A.2d 537 (1984); see also State v. Shifflett, 199 Conn. 718, 729, 508 A.2d 748 (1986); State v. Carey, 13 Conn. App. 69, 73, 534 A.2d 1234 (1987).

From the record it is evident the trial court could reasonably have found the following facts. The defendant was twenty-eight years old, had completed the eleventh grade at Weaver High School and could read and write English; he had been arrested approximately thirty-one times between 1974 and 1987; and he had been advised [623]*623of his Miranda rights on numerous prior occasions. Further, the trial court could reasonably have found that the defendant’s initial contact with the Hartford police concerning this case occurred on May 15, 1987. At that time the defendant had been arrested on several unrelated warrants and was at Hartford police headquarters. There he was approached by Detective Michael Dakin, who advised the defendant of his rights and asked where he had been on May 12, 1987. The defendant replied that he did not know and terminated the conversation.

Thereafter, on or about May 19, 1987, Dakin went to see the defendant at the Morgan Street detention center. There the defendant indicated that he wished to speak to Dakin and signed a correction department form to that effect. Dakin again advised the defendant of his Miranda rights and questioned him concerning his activities on May 12, 1987. In response the defendant gave Dakin an oral statement that included much of the same information that he provided in the contested written statement of June 9, 1987.5

Subsequently, on June 8,1987, Dakin received a telephone call from Margaret Johnson, the defendant’s girlfriend, informing him that the defendant, who by then had been arrested for Dixon’s murder and was housed at the Hartford community correctional center, wished to speak to him and “tell the truth.” Consequently, on June 9, 1987, Dakin and his partner, Detective Clyde Mitchell, went to meet with the defendant at the correctional center. There the warden verified that the defendant wished to speak to the detectives and had the defendant sign a correction department “permission form” to that effect.

[624]*624Before questioning the defendant at the correctional center, Dakin handed him a Hartford police department form containing an advisement of the rights required by Miranda and a waiver of those rights. Dakin then had the defendant read “a couple of lines [of the form] out loud.” Thereafter, for approximately five minutes, the defendant appeared to read the entire form, “periodically” initialed each right and then placed his signature on the signature line provided for the waiver of rights. The defendant thereafter spoke to the detectives and agreed to give a written statement. In transcribing the statement the defendant talked and Dakin typed, a process that took approximately ninety minutes. When the statement was completed, Dakin asked the defendant to read a portion of it out loud. After he had done so, the defendant was requested to read the entire statement to himself, initial each paragraph, and sign it if he agreed that it was correct. Dakin testified that after the defendant spent approximately ten minutes appearing to read the statement, the defendant initialed and signed it and it was then witnessed by himself and Mitchell, and acknowledged before a correction officer. Each paragraph of the defendant’s two and one-half page statement is, in fact, initialed by the defendant, each page displays his signature at the bottom, is witnessed by Dakin and his partner, and acknowledged before a correction officer. The defendant claims that this written statement should have been suppressed because he was not “sufficiently tested to see if he really understood his rights and was then warned he could waive them at his peril.” We disagree.

The state bears the burden of establishing by a fair preponderance of the evidence that the defendant was informed of and understood his rights and thereafter effected a voluntary, knowing and intelligent waiver of those rights. State v. Hernandez, 204 Conn.

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Related

Fisher v. Warden, No. Cv 96-0323342-S (Nov. 30, 1999)
1999 Conn. Super. Ct. 15478 (Connecticut Superior Court, 1999)
Fisher v. Commissioner of Correction
696 A.2d 371 (Connecticut Appellate Court, 1997)
Fisher v. Warden, No. Cv 90 0000843 S (Sep. 8, 1994)
1994 Conn. Super. Ct. 9000 (Connecticut Superior Court, 1994)
State v. Roy
643 A.2d 289 (Connecticut Appellate Court, 1994)
Fisher v. State
634 A.2d 1177 (Connecticut Appellate Court, 1993)
Fisher v. State, No. 376896 (Jul. 6, 1992)
1992 Conn. Super. Ct. 6457 (Connecticut Superior Court, 1992)
State v. Walker
571 A.2d 686 (Supreme Court of Connecticut, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
556 A.2d 596, 210 Conn. 619, 1989 Conn. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fisher-conn-1989.