State v. Mozell

668 A.2d 1340, 40 Conn. App. 47, 1996 Conn. App. LEXIS 3
CourtConnecticut Appellate Court
DecidedJanuary 2, 1996
Docket13488
StatusPublished
Cited by8 cases

This text of 668 A.2d 1340 (State v. Mozell) 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. Mozell, 668 A.2d 1340, 40 Conn. App. 47, 1996 Conn. App. LEXIS 3 (Colo. Ct. App. 1996).

Opinion

LANDAU, J.

The defendant, Dana Mozell, appeals from the judgment of conviction, rendered after a jury trial, of conspiracy to commit murder in violation of General Statutes §§ 53a-54a (a) and 53a-48 (a) and manslaughter in the second degree as an accessory in violation of General Statutes §§ 53a-56 (a) (l)1 and 53a-8 (a).2 On appeal, the defendant claims that the trial court improperly (1) exercised its discretion and allowed into evidence prior acts of misconduct by third persons to establish motive, (2) denied his request for a continuance to permit an additional witness to testify, and (3) [49]*49instructed the jury as to the requisite mental element of accessorial liability. We affirm the judgment of the trial court.

The jury could reasonably have found the following facts. The defendant was a member of a gang that sold illegal narcotics in New Haven. For several weeks preceding the death of the victim, Richard Coleman, the defendant’s gang was involved in a dispute with Shelton Tucker, Sean Green and Rodney Lewis over control of the drug trade on Arthur Street. On December 29,1989, at approximately 6:30 p.m., several members of the defendant’s gang, including the defendant, his brother Troy Mozell, Eric Morton, Ronald Douglas and Matthew Bowden arrived at Arthur Street in a gray Jeep Cherokee. Meanwhile, Tucker and Lewis were walking across Arthur Street toward Tucker’s residence at 2 Arthur Street. The victim, a bystander, was walking past Tucker’s residence.

As Tucker and Lewis crossed Arthur Street, the defendant, together with Morton and Bowden, exited the Jeep carrying handguns. Tucker and Lewis noticed the vehicle and the gunmen and began to run toward Tucker’s residence. The trio chased Tucker and Lewis and simultaneously fired their weapons at them several times. To avoid the gunshots, Tucker and Lewis hid behind a vehicle that was parked in front of Tucker’s house. When the shooting ceased, Tucker and Lewis saw that the victim was lying on the sidewalk in front of 6 Arthur Street. The victim was struck in the chest by a single nine millimeter bullet and died later that evening.

Tucker and Lewis informed Detective Samuel Cotto of the New Haven police department that Troy Mozell and other members of the defendant’s gang were responsible for the shooting. Lewis specifically named Robert Henderson and Douglas, and described a third participant as “a kid in a green jacket.” The New Haven [50]*50police obtained search warrants for Henderson’s apartment at 288 Front Street, the defendant’s apartment at 16 Peck Street and the gray Jeep Cherokee that was owned by the defendant’s mother, Alice Mozell. The police recovered two loaded nine millimeter ammunition clips from Henderson’s apartment, six live nine millimeter cartridges from the defendant’s apartment, and a green jacket from inside the Jeep.

The police initially arrested only Troy Mozell and Douglas. At a probable cause hearing on February 27, 1990, Tucker was called to testify. While testifying, Tucker saw the defendant sitting in the courtroom gallery among several other spectators and recognized him as one of the shooters. Tucker’s identification of the defendant led police to investigate further and resulted in the defendant’s arrest.

I

The defendant first claims that the trial court improperly admitted testimony that (1) he was a member of a gang, (2) the gang was involved in a dispute with a rival gang that included Tucker and Lewis, and (3) the dispute was marked by recent violent confrontations. He argues that the challenged evidence was inadmissible because it constituted evidence of prior misconduct by third persons. The evidence, he asserts, was more prejudicial than probative because it improperly attempted to establish his guilt by proof of his association with a gang.

The following facts were established from the challenged evidence. Several days prior to the fatal shooting, Tucker and Lewis confronted Thomas Sanders, another member of the defendant’s gang, in front of Tucker’s residence on Arthur Street. Tucker and Lewis shoved Sanders and instructed him not to deal drugs in front of Tucker’s residence. Later that night, Henderson, Douglas, and Bowden returned to Arthur Street and [51]*51threatened Tucker and Lewis with a gun. They said that unless Tucker and Lewis left Sanders alone there would be trouble. Earlier on the day of the fatal shooting, Troy Mozell drove past Tucker’s house in the gray Jeep and fired several gunshots from the vehicle at Tucker and Lewis as they stood on the front porch.

“[T]here are two components to relevant evidence: materiality and probative value. . . . [EJvidence is relevant if it has a tendency to establish the existence of a material fact. . . .” (Citations omitted; internal quotation marks omitted.) State v. Wieler, 35 Conn. App. 566, 576-77, 645 A.2d 1032 (1994), aff'd, 233 Conn. 552, 660 A.2d 740 (1995). “Evidence of motive is a highly relevant factor for assessing the guilt or innocence of a defendant.” State v. Murdick, 23 Conn. App. 692, 696, 583 A.2d 1318, cert. denied, 217 Conn. 809, 585 A.2d 1233 (1991). Relevant evidence, although prejudicial in nature, “is admissible if the trial court, in the exercise of its sound discretion, determines that its probative value, for one or more of the purposes for which it is admissible, outweighs its prejudicial impact on the accused.” State v. Ramsundar, 204 Conn. 4, 15, 526 A.2d 1311, cert. denied, 484 U.S. 955, 108 S. Ct. 348, 98 L. Ed. 2d 374 (1987). “We will make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.” State v. Kulmac, 230 Conn. 43, 61, 644 A.2d 887 (1994).

The challenged evidence was relevant to prove the defendant’s motive. The evidence tended to establish that the defendant had conspired with members of his gang to kill a rival drug dealer to protect the gang’s drug sales territory. It established that the defendant participated in the shooting that resulted in Coleman’s death. The trial court properly conducted the requisite balancing test before it ruled that the challenged evidence was admissible. The court conducted several hearings outside the presence of the jury, heard lengthy [52]*52offers of proof from counsel, and carefully weighed the probative value of the evidence against its adverse impact before rejecting the defendant’s claim that the evidence was impermissibly prejudicial. Making every reasonable presumption in favor of the trial court’s ruling, we cannot conclude, under the circumstances of this case, that the trial court abused its discretion by admitting the challenged evidence.3

II

The defendant next claims that the trial court deprived him of his state and federal constitutional rights of compulsory process and due process of law when it denied his motion for a continuance, made at the conclusion of the evidence, to permit him to bring an additional witness to testify.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mozell v. Commissioner of Correction
967 A.2d 41 (Supreme Court of Connecticut, 2009)
State v. Wargo
731 A.2d 768 (Connecticut Appellate Court, 1999)
State v. Smith
680 A.2d 1340 (Connecticut Appellate Court, 1996)
State v. Torres
676 A.2d 871 (Connecticut Appellate Court, 1996)
State v. Brown
675 A.2d 1369 (Connecticut Appellate Court, 1996)
State v. Ortiz
671 A.2d 389 (Connecticut Appellate Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
668 A.2d 1340, 40 Conn. App. 47, 1996 Conn. App. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mozell-connappct-1996.