State v. Ritt

599 N.W.2d 802, 1999 Minn. LEXIS 519, 1999 WL 570973
CourtSupreme Court of Minnesota
DecidedAugust 5, 1999
DocketC9-98-114
StatusPublished
Cited by62 cases

This text of 599 N.W.2d 802 (State v. Ritt) 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. Ritt, 599 N.W.2d 802, 1999 Minn. LEXIS 519, 1999 WL 570973 (Mich. 1999).

Opinion

*804 OPINION

STRINGER, Justice.

Twenty-three-month-old Hannah Ritt died in her crib when a fire occurred in her home on March 25, 1997. Death was caused by toxic fumes released from the burning of an acrylic afghan. Six days later Hannah’s mother, appellant Kelly Jean Ritt, spoke with Detective James Rgnonti of the Hastings Police Department and admitted tossing an afghan from Hannah’s crib toward a daybed in the room and not moving it when it landed partially on a space heater on the floor. Ritt denied “wanting” to cause a fire or kill Hannah but admitted “hoping” that Hannah would die. Ritt was arrested and subsequently indicted on two counts of first-degree murder, 1 two counts of second-degree murder, 2 one count of third-degree murder 3 , one count of second-degree manslaughter, 4 and one count of first-degree arson. 5 She was convicted of all charges except manslaughter following a month-long jury trial in Dakota County in which 48 witnesses testified. Ritt asserts three issues on appeal: (1) that her statement to Rgnonti was involuntary and inadmissible because she was subjected to “psychological interrogation”; (2) that the trial court erred in excluding expert testimony describing police interrogation practices; and (3) that the trial court erred in admitting a videotaped “test burn” involving an afghan and a space heater similar to those involved in the fire in Hannah’s room. We affirm Ritt’s conviction.

I.

Hannah Jean Ritt was born on April 5, 1995, the third child of Kelly and Brian Ritt. 6 Although Kelly Ritt’s pregnancy had appeared normal, Hannah was born with cytomegalovirus (CMV), a virus that affected her heart, liver, spleen, hearing, eyesight and brain. While some of Hannah’s conditions improved over time, Hannah remained unable to eat without experiencing reflux, or regurgitation, and required four to six feedings of a liquid formula each day through a gastrostomy tube. The tube required frequent cleaning to avoid infection. Hannah was also deaf and developmentally delayed, and it was unclear at the time of her death whether she would experience any long-term mental deficiency. Hannah required the assistance of a large number of caregivers, including public health nurses, a physical therapist, a speech therapist, and sign language teachers, as well as in-home personal care attendants.

One of Hannah’s care providers was her grandmother, Judith Doffing, who told the fire marshal during his investigation that she rocked Hannah to sleep on the night of the fire. Doffing testified at trial that after putting Hannah to bed she smoked a cigarette in the kitchen before she went home but did not take a cigarette into any other room of the house that evening. According to the testimony of Doffing and others, smoking was confined to the kitchen of the house.

The state presented testimony that Ritt had told several friends that she wished Hannah would die. Ritt repeatedly asked a large number of people if they would be *805 interested in adopting Hannah, but also voiced the opinion that her husband would never allow it. Testimony from those involved in Ritt’s life indicated that she had participated in at least two conversations about the potential dangers of space heaters. Ritt had asked a family member whether a blanket placed over a space heater could cause a fire and was told it could.

The fire marshal in charge of investigating the fire in the Ritt home determined the origin of the fire to be either the front of the electric space heater or at floor level in front of the heater, and that the fire then spread to the daybed behind the heater. The front grille of the heater melted from the heat of the fire and a pattern of hard crusty ash material was found on top of the heater and on the floor in front and back of the heater. The fire marshal testified that in his experience this kind of ash was produced by the burning of synthetic fabrics such as acrylic. The carpet in front of the heater and the underlying pad were burned through to the hardwood floor. There were smudges in the soot on the wall at the foot end of the crib that appeared to be finger marks.

The fire marshal testified that Ritt told him that smoking was not allowed in Hannah’s room because of her medical problems and no evidence of matches, lighters, cigarettes or ashtrays was found in any room of the house other than the kitchen. A test of the air in Hannah’s bedroom the morning after the fire revealed no trace of combustible fumes, and analysis of samples of the carpet in three locations failed to disclose the presence of accelerants. The fire marshal testified that this did not rule out the presence of accelerants however, since some chemicals evaporate quickly and would not be detectable after the fire. The fire marshal also testified that Ritt told him that Hannah had recently started throwing things out of her crib.

Over a standing objection by the defense, four videotaped test burns involving an afghan and a space heater were played for the jury during the testimony of the state’s electrical expert witness. The court gave a cautionary instruction to the jury that the videotapes were “offered solely to demonstrate the scientific principles which may serve as a basis for this expert’s opinion” and were “not offered to recreate the fire that allegedly occurred at the Ritt home.” The test burns involved a heater similar to the one found in the Ritt home set to its maximum wattage for the duration of each of the four test bums. The first two tests involved an afghan taken from J.R.’s bed which was described by Doffing and the Ritts as similar to Hannah’s. 7

For the first test J.R.’s afghan was draped over the exemplar heater for 80 minutes, the maximum length of time the afghan could have been on the heater on the evening of the fire. The afghan browned slightly but did not burn and there was no damage to the grille of the heater or the carpet underneath. The second test involved bunching up the afghan in front of the heater in an attempt to increase the heat to the grille. Those who were present for the second test were driven out of the room after about 15 minutes because of the acrid choking fumes emitted by the afghan. The afghan charred and pulled away from the heater, but the heater grille did not melt. A test was also conducted on a piece of carpet taken from Hannah’s bedroom and was ignited with a propane torch, but the fire extinguished when the torch was removed.

The state’s expert concluded from the first two test burns that the fire in the Ritt *806 home involved an outside source of ignition and an accelerant because he could not duplicate the damage to the grille and the carpet with the burning afghan alone, so follow-up tests were conducted. In the third test burn an acrylic afghan was draped over the exemplar heater and a low shelf to recreate the location of the daybed, and the afghan was ignited in two places by a paper match.

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Cite This Page — Counsel Stack

Bluebook (online)
599 N.W.2d 802, 1999 Minn. LEXIS 519, 1999 WL 570973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ritt-minn-1999.