State v. Marra

489 A.2d 350, 195 Conn. 421, 1985 Conn. LEXIS 706
CourtSupreme Court of Connecticut
DecidedMarch 12, 1985
Docket11214
StatusPublished
Cited by73 cases

This text of 489 A.2d 350 (State v. Marra) 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. Marra, 489 A.2d 350, 195 Conn. 421, 1985 Conn. LEXIS 706 (Colo. 1985).

Opinion

Parskey, J.

The defendant, Thomas Marra, Jr., was charged by an amended information with one count of first degree larceny in violation of General Statutes §§ 53a-119 (2) and 53a-122 (a) (2),1 one count of second degree larceny in violation of General Statutes §§ 53a-119 (8) and 53a-123 (a) (l),2 and one count of second degree forgery in violation of General Statutes [423]*423§ 53a-139 (a) (2).3 The three counts related to the alleged sale by the defendant of a stolen automobile. The jury returned verdicts of guilty on all three counts and the defendant was sentenced to imprisonment for an effective term of not less than five nor more than ten years and was fined $4000. The defendant appeals from the judgment of conviction on several grounds, claiming that the trial court erred in: refusing to grant appropriate relief from the allegedly prejudicial effects of publicity; denying his request for a continuance; restricting his cross-examination of a witness for the state; and charging the jury. We find no error.

The jury might reasonably have found the following facts: On March 20,1981, a black male identifying himself as Stuart Murray leased a 1980 Buick Century, bearing Connecticut registration plate TF 8789, from Budget Rent-a-Car Company in Bridgeport. On March 24, 1981, when the car had not been returned as provided in the rental agreement, the rental company reported to the Bridgeport police that it had been stolen.

In April, 1981, the defendant, an operator of a Bridgeport garage, agreed to sell the 1980 Buick to an Iranian student named Samad Aghamohammadi for $4500. The defendant presented Aghamohammadi with [424]*424an auto registration form, dated April 8, 1981, for a 1980 Buick Century, marker plate number WC 5414. The form listed “Robert Hicks” as the seller of the vehicle. At the time Aghamohammadi took possession of the car, it bore the registration plate WC 5414.

On June 23, 1981, Aghamohammadi visited the Bridgeport office of the motor vehicle department in an effort to obtain title to the car. He tendered the registration form to a department employee who determined that the document was not a valid registration. Department records revealed that the 1980 Buick had been reported stolen, and that marker plate number WC 5414 was assigned to a 1975 Fiat which had been towed to the defendant’s garage in an unrelated incident on April 8, 1981. Consequently, the Bridgeport police recovered the Buick at the motor vehicle department on June 23 and brought Aghamohammadi to the police station where he gave a statement identifying the defendant as the seller. At that point, Aghamohammadi had paid approximately $3500 of the $4500 purchase price to the defendant.

After the Buick was seized by the police, Aghamohammadi and the defendant had several telephone conversations, three of which Aghamohammadi taped. During the first two taped conversations, the defendant pressured Aghamohammadi for the remaining $1000 owed on the purchase price. In the third conversation, the defendant insisted that he had not sold the car to Aghamohammadi. He contended that the actual sellers were two black males, one of whom was the Robert Hicks whose name appeared on the registration form, and both of whom were present when Aghamohammadi agreed to buy the car and when the defendant presented him with the registration and the keys.

[425]*425When Aghamohammadi informed the defendant that he had a tape of conversations in which the defendant requested payment, the defendant told him not to give the tape to the police and promised to repay him. The defendant gave Aghamohammadi a check for $8500, but payment on the check was refused, apparently for lack of sufficient funds.

I

The defendant first claims that he was deprived of his constitutional rights to a fair trial by an impartial jury and to due process of law, as guaranteed by the fifth, sixth and fourteenth amendments to the United States constitution and article first, sections 8 and 9, of the Connecticut constitution. His claim rests on the allegedly prejudicial effects of pretrial and on-trial publicity, from which he asserts the trial court failed to grant appropriate relief. After careful review of the record in this case, we conclude that the defendant did receive a fair trial.

The publicity at issue did not concern the offenses for which the defendant was on trial in this case. Rather, it stemmed from two totally unrelated incidents which took place between the time of the defendant’s arrest in July, 1981, and his trial in late October and early November of that year. Most of the publicity concerned a blundered “sting” operation conducted by the F.B.I. and aimed at the Bridgeport superintendent of police. The defendant was used as the “bait” in an attempt to bribe the city official, but the plan backfired when the superintendent declined the defendant’s offer of money and arrested him for bribery. Some news coverage was also given to the trial of a third party for insurance fraud. Defense counsel in that trial sought to mitigate his client’s actions by implicating the defendant.

[426]*426The sting incident attracted local and national media attention when it occurred in mid-August, 1981. Local publicity continued, however, and intensified in October in connection with the hotly contested Bridgeport mayoral election, held on November 3, 1981. The Republican challenger to the incumbent mayor had previously provided some legal assistance to the defendant, and the defendant had contributed to this candidate’s campaign. This connection was exploited in political advertisements on the radio and in the press, and was reported in news coverage of the campaign. Two weeks before the election, a car belonging to the defendant’s wife was firebombed while parked in front of Republican election campaign headquarters in Bridgeport, creating additional coverage by the local media. Finally, there was press coverage of federal court proceedings relating to bribery charges filed against the defendant by the state, which arose out of the F.B.I. sting attempt. Only one venireman had read an article about the charges in the instant case, but he was not selected to be a member of the jury and the defendant does not claim any prejudice from publicity concerning these offenses.

Although the remedy most commonly sought to reduce the adverse effects of pretrial publicity is a motion for a change of venue; see State v. Vitale, 190 Conn. 219, 227, 460 A.2d 961 (1983); State v. Piskorski, 177 Conn. 677, 682, 419 A.2d 866, cert. denied, 444 U.S. 935, 100 S. Ct. 283, 62 L. Ed. 2d 194 (1979); State v. Hart, 169 Conn. 428, 432, 363 A.2d 80 (1975); the defendant in this case made no such request. In fact, the first reference to publicity came not from the defendant but from the trial judge in his opening remarks to the first panel of prospective jurors. On the second day of jury selection, before any voir dire questioning by counsel had begun, the defendant made an oral motion for an “extension of time” or “any other [427]*427remedy” necessary to protect his right to a fair trial. In support of his motion, the defendant was permitted to introduce into evidence an envelope containing numerous newspaper and magazine articles that mentioned the defendant. The court acknowledged an awareness of the publicity, which it termed “extensive,” but denied the defendant’s motion for a continuance.

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Bluebook (online)
489 A.2d 350, 195 Conn. 421, 1985 Conn. LEXIS 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marra-conn-1985.