State v. Raguseo

622 A.2d 519, 225 Conn. 114, 1993 Conn. LEXIS 57
CourtSupreme Court of Connecticut
DecidedMarch 23, 1993
Docket14382
StatusPublished
Cited by71 cases

This text of 622 A.2d 519 (State v. Raguseo) 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. Raguseo, 622 A.2d 519, 225 Conn. 114, 1993 Conn. LEXIS 57 (Colo. 1993).

Opinions

Borden, J.

The defendant, John Raguseo, appeals1 from the judgment of conviction, after a jury trial, of murder in violation of General Statutes § 53a-54a (a).2 The defendant claims that the trial court improperly: (1) denied his motions for a judgment of acquittal and for a new trial because the evidence did not establish that he had the intent to cause the death of the victim; (2) denied his motions for a judgment of acquittal and for a new trial because the evidence established the affirmative defense of extreme emotional disturbance; (3) instructed the jury regarding the affirmative defense of extreme emotional distress; (4) instructed the jury regarding motive and premeditation; (5) refused to exclude testimony of the defendant’s expert witness regarding the defendant’s consumption of alcohol prior to the crime; (6) allowed the state’s expert witness to testify to an opinion on the ultimate issue of the defendant’s guilt; and (7) denied the defendant’s motion for a new trial that was based on evidence obtained fol[117]*117lowing the defendant’s commitment to the Whiting Forensic Institute.3 We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. The defendant lived in an apartment building on Clinton Avenue in Norwalk. The apartment building had its own parking lot for its tenants, and each tenant had an assigned parking space. The defendant owned a 1983 Camaro automobile that he parked in the space, and a 1979 Plymouth van that he parked at his mother’s house. He took meticulous care of both vehicles and the parking space at his apartment building. He posted a no parking sign in front of the space, and he often swept the space, painted the lines on either side of the space, and clipped the shrubbery on a nearby fence. Prior to the crime, the defendant had repeatedly complained to the apartment building’s superintendent about the unauthorized use of his parking space by the guests of other tenants.

At approximately 12:20 a.m., on June 21,1990, the defendant returned home to find that someone had parked in his space. The defendant parked his vehicle directly behind the automobile in his space so that the [118]*118other automobile could not be moved. The defendant then went inside the building to his apartment. He called 911 to complain that someone had parked in his space but the police informed him that they could not tow the vehicle because it was parked on private property. He also telephoned a friend, Carol Bakinowski, to complain that someone had parked in his space and that he did not know what he would do if “someone comes to the door and starts abusing me.” While they were speaking, Bakinowski could hear a loud banging noise in the background. The defendant told her that he was banging a knife on the kitchen table.

At approximately 2 a.m., the defendant saw from his window that the victim in this case, Philip Iacozza, had parked in his space, and had returned to his automobile and was trying to back out of the parking space. When the defendant saw the victim almost back the automobile into his vehicle, he took the knife and went down to the parking lot.

After a brief verbal exchange, the defendant repeatedly stabbed the victim in the head and torso. The defendant then returned to his apartment and called the police. When police officers arrived, he stated that “he couldn’t take it any more, that he had done it, and that he was tired of people parking in his parking space.” The defendant told the officers that they could find the knife with which he had stabbed the victim in the kitchen. The officers then found a blood-stained, eight inch knife in the kitchen sink.

The state charged the defendant in an information with murder in violation of General Statutes § 53a-54a (a). The defendant at trial did not deny that he had caused Iacozza’s death, but instead claimed that: (1) he did not have the intent to cause the death of Iacozza; (2) he was not guilty because of a mental disease or defect; and (3) he had acted under the influence [119]*119of an extreme emotional disturbance. The jury returned a guilty verdict and the court rendered a judgment on the information. The defendant was then committed to the Whiting Forensic Institute, but later was transferred to the Somers correctional facility.

I

The defendant first claims that the trial court improperly denied his motions for a judgment of acquittal and a new trial because the evidence did not establish that he had the intent to cause the death of the victim. We disagree.

“In reviewing a sufficiency of the evidence claim, the dispositive question is whether, viewing the evidence in the light most favorable to sustaining the verdict, the trier of fact reasonably could have concluded, from the facts established and the inferences reasonably drawn therefrom, that the cumulative effect of the evidence established guilt beyond a reasonable doubt. State v. Famiglietti, 219 Conn. 605, 609, 595 A.2d 306 (1991) . . . .” State v. Rodriguez, 223 Conn. 127, 146, 613 A.2d 211 (1992). Although “the jury must find every element proven beyond a reasonable doubt in order to find the defendant guilty of the charged offense, each of the basic and inferred facts underlying those conclusions need not be proved beyond a reasonable doubt. State v. Castonguay, 218 Conn. 486, 507, 590 A.2d 901 (1991). If it is reasonable and logical for the jury to conclude that a basic fact or an inferred fact is true, the jury is permitted to consider the fact proven and may consider it in combination with other proven facts in determining whether the cumulative effect of all the evidence proves the defendant guilty of all the elements of the crime charged beyond a reasonable doubt. State v. Grant, 219 Conn. 596, 604-605, 594 A.2d 459 (1991).” (Internal quotation marks omitted.) State v. Stanley, 223 Conn. 674, 678, 613 A.2d 788 (1992).

[120]*120The defendant was charged with murder in violation of General Statutes § 53a-54a. “ Tn order to be convicted under our murder statute, the defendant must possess the specific intent to cause the death of the victim. General Statutes § 53a-54a. To act intentionally, the defendant must have had the conscious objective to cause the death of the victim. General Statutes § 53a-3 (11) .... State v. Carpenter, 214 Conn. 77, 82, 570 A.2d 203 (1990). Ordinarily, intent can only be proved by circumstantial evidence; it may be and usually is inferred from the defendant’s conduct. Id. Intent to cause death may be inferred from the type of weapon used, the manner in which it was used, the type of wound inflicted and the events leading to and immediately following the death. ... Id., 82-83 .... Furthermore, it is a permissible, albeit not a necessary or mandatory, inference that a defendant intended the natural consequences of his voluntary conduct. . . . State v. Montanez, 219 Conn. 16, 20, 592 A.2d 149 (1991).’ ” State v. Stanley, supra, 678-79.

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Cite This Page — Counsel Stack

Bluebook (online)
622 A.2d 519, 225 Conn. 114, 1993 Conn. LEXIS 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-raguseo-conn-1993.