State v. Prtine

784 N.W.2d 303, 2010 Minn. LEXIS 348, 2010 WL 2606039
CourtSupreme Court of Minnesota
DecidedJune 30, 2010
DocketA09-702
StatusPublished
Cited by48 cases

This text of 784 N.W.2d 303 (State v. Prtine) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Prtine, 784 N.W.2d 303, 2010 Minn. LEXIS 348, 2010 WL 2606039 (Mich. 2010).

Opinions

OPINION

PAGE, Justice.

On September 12, 2008, appellant Andy William Prtine was indicted for first-degree premeditated murder and first-degree felony murder for the death of Brent Ward. On January 21, 2009, a St. Louis County jury acquitted Prtine of first-degree premeditated murder, but found him guilty of first-degree felony murder. The district court sentenced Prtine to the mandatory term of life in prison. In this direct appeal, Prtine raises the following issues: (1) whether the district court erred when it refused to strike, for cause, a juror who stated that she was more inclined to credit the testimony of police witnesses over that of other witnesses; (2) whether the district court erred when it allowed the medical examiner to offer his opinion that the victim’s assailant acted with an intent [308]*308to kill; (3) whether the prosecutor committed misconduct; (4) whether the district court committed plain error when it told the jury there was no need to consider lesser-included offenses if the jury found Prtine guilty of a greater offense; and (5) whether Prtine was denied his right to effective assistance of counsel when his trial counsel conceded during closing argument that the State had proven the element of intent. We remand to the district court to determine whether Prtine acquiesced in his trial counsel’s decision to concede intent.

In November 2006, Brent Ward moved to Hibbing, Minnesota, to take a job as a painter with his cousin, Mike Partyka. Ward rented an apartment above the Sportsmen’s Bar and Restaurant. While living in Hibbing, Ward sold drugs and sometimes “shorted” his customers.1 Prtine was a customer of Ward’s.

On November 8, 2007, Prtine went to Ward’s apartment between 5 and 6 p.m. and purchased crack cocaine. The following day, Ward did not show up for work. That night, Partyka was drinking at the bar below Ward’s apartment when he received a phone call telling him he should check on Ward because there was blood on Ward’s door handle. Partyka went upstairs to Ward’s unlocked apartment, found Ward face down on the kitchen floor, and called the police.

When the police arrived, they observed a blood trail leading from Ward’s apartment down a stairwell and onto the exit door. Ward appeared to have been stabbed. The police concluded that there had been a struggle based upon blood splatter on Ward’s bed, kitchen counters and sink, refrigerator, and walls. The police found a crow bar underneath Ward, but the knife used to stab Ward was not at the crime scene. Inside Ward’s front pant pocket was $230; however, the police learned that Ward had been paid $800 the previous day. Blood was found in three of Ward’s pockets. It was subsequently determined that the blood in the pocket with the $230 matched Prtine’s DNA, and blood found in two of Ward’s other pockets contained DNA mixtures consistent with both Ward and Prtine. Police also learned that Ward’s cell phone was missing.

The medical examiner, Dr. Thomas Un-cini, conducted an autopsy on Ward’s body and found at least 63 knife wounds. The injuries centered around Ward’s face, hands, and neck. Ward also had additional knife wounds to his left diaphragm and shoulder and abrasions on his knees. Two stab wounds to Ward’s neck and upper chest severed his jugular vein and were fatal. There were also numerous incision wounds on Ward’s hands, which Dr. Uncini characterized as defensive injuries. Dr. Uncini determined that Ward bled to death and ruled the death a homicide.

On November 11, a woman contacted the police after finding a cell phone case, knife sheath, and bloody dollar bill in a dumpster behind her garage. When the police arrived, they saw a bloodstain on the lid of the dumpster and noticed that the knife sheath retrieved from the dumpster had the initials “A.P.” scratched onto the back of it. In front of the dumpster was another bloody dollar bill and, after searching the area, the police found a bloodstain on a second dumpster. The police searched the second dumpster and found a Green Bay Packers knit hat and a pair of gloves. DNA testing revealed that the blood smears on the dumpsters and dollar bills matched Prtine’s DNA. Prtine lived a block away from the dumpsters.

[309]*309Upon questioning by the police, Prtine admitted that he had a hat, gloves, and a knife sheath similar to those found in the dumpsters, but he indicated that the items found in the dumpsters were not his and that his hat and gloves were at home. The police, with Prtine’s assistance, searched his house for the hat, gloves, and knife sheath. They did not find the items, but they did observe blood drops on the garage floor and near a basement floor drain. Prtine indicated that he would tell the police all he knew about Ward’s murder, but he said that he first needed to go to the hospital. Prtine indicated that he had cuts on one of his arms that came from cutting scrap metal. One of the cuts was a deep cut on his forearm that been super-glued together and camouflaged by using a magic marker to draw what appeared to be a tattoo.

On November 13, Prtine told the police that they could recover the missing knife from his basement floor drain. Later that afternoon, with his counsel present, Prtine told police that he bought drugs from Ward between 5 and 6:30 p.m. on November 8 and returned between 9 and 10 p.m. to buy more drugs. According to Prtine, an argument ensued, Ward hit Prtine in the face with his fist, and then Ward grabbed a knife that Prtine had given him during an earlier drug transaction. Prtine claimed he managed to gain possession of the knife and began stabbing Ward. Prtine’s trial testimony mirrored his November 13 statement to the police.

At trial, the State introduced evidence that Prtine was having financial difficulty, had been “shorted” by Ward on the night of Ward’s death, and had once told a friend that he was going to stab another drug dealer who had “ripped [him] off.” The State also sought to discredit Prtine’s claim that he had given a knife to Ward in an earlier drug transaction. Several witnesses testified that the only knife Ward had was a small pocketknife. In addition, on cross-examination, a defense witness testified that Ward once told him that: “The golden rule of dealing drugs is never take nothing in trade.” The defense attempted to counter this evidence with testimony from Partyka that he once . saw Ward give a. check and wallet back to Prtine after Prtine gave Ward $50. The jury weighed the evidence and found Prtine not guilty of first-degree premeditated murder but guilty of first-degree felony murder.

I.

We first address Prtine’s claim that his conviction should be reversed because of the district court’s refusal to strike a juror for cause after the juror indicated that she would be more inclined to believe a police officer’s testimony over that of other witnesses. In this case, voir dire involved a process during which both parties and the court questioned prospective jurors with the court removing jurors subject to challenge for cause. From the remaining pool of 39 jurors, the defense was required to exercise 15 peremptory challenges and the State 9, which reduced the juror pool to 12 jurors and 3 alternates.

During preliminary questioning from the district court, juror J.B. indicated that she knew various law enforcement personnel, including one of the lead investigators involved in this case. When initially asked by the court if she would treat “a police officer’s testimony as inherently either better or worse or more or less believable than anybody else’s,” J.B.

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Cite This Page — Counsel Stack

Bluebook (online)
784 N.W.2d 303, 2010 Minn. LEXIS 348, 2010 WL 2606039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prtine-minn-2010.