State v. Spearman

754 A.2d 802, 58 Conn. App. 467, 2000 Conn. App. LEXIS 284
CourtConnecticut Appellate Court
DecidedJune 27, 2000
DocketAC 18194
StatusPublished
Cited by3 cases

This text of 754 A.2d 802 (State v. Spearman) 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. Spearman, 754 A.2d 802, 58 Conn. App. 467, 2000 Conn. App. LEXIS 284 (Colo. Ct. App. 2000).

Opinion

Opinion

ZARELLA, J.

The defendant, Rufus Spearman, appeals from the judgment of conviction, rendered after a jury trial, of two counts of arson in the first degree in violation of General Statutes § 53a-lll (a) (2) and (4)1 and one count of conspiracy to commit arson in the first degree in violation of General Statutes §§ 53a-482 and 53a-lll (a) (4). On appeal, the defendant claims that (1) the evidence at trial was insufficient to support his conviction of first degree arson or conspiracy to commit arson, (2) his right to confront the state’s witness was denied in violation of the sixth amendment to the United States constitution and (3) the court abused its discretion in admitting consciousness of guilt evidence. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On the morning of October 23, 1996, a fire occurred at a three family home located at 16 Clover Place in New Haven as a result of arson. Earlier that morning, Katherine Hutchings was walking to a store and witnessed the defendant with Terrance Newton [469]*469walking toward the area located between 16 and 18 Clover Place. The two men were carrying a large object with a handle that resembled a bucket or jug. Hutchings called out to the defendant and Newton as they went toward the back of the houses to ask them why they were up so early. She continued walking when they did not respond.

While walking home from the store, Hutchings heard a “big boom,” and when she turned the corner she saw that the house at 16 Clover Place was on fire. She also saw the defendant and Newton on Clover Place running toward Truman Street. Newton was wearing a coat that was on fire. Hutchings saw Newton drop the coat onto the ground as he ran.

Edith Hunter, who lived at 18 Clover Place, also heard a loud sound that she described as “a big boom.” Hunter ran to her front porch and saw Newton stumbling and running from the porch of the house that was on fire wearing or carrying a smoldering coat. Although Hunter did not see the defendant running from the house, she did see the two men together that morning and she saw the defendant on Clover Place after the fire started, but before the fire department arrived.

At approximately 7:45 a.m., Napoleon Gunn, an off-duty firefighter, noticed smoke coming from 16 Clover Place. Gunn shouted to a passerby to call 911 as he attempted to enter the burning house. The New Haven fire department responded to the fire immediately. There was a tremendous volume of fire, which began to ignite the Hunter’s home next door. Lieutenant James Robinson testified that the volume of the fire in such a short period of time indicated that it was the work of an arsonist.

Lieutenant Thomas Heinz and two firefighters went into the burning house equipped with bottled oxygen and air masks. Heinz testified that even through his [470]*470oxygen mask, he could detect a strong odor of gasoline in the house. The men made their way up to the third floor where a firefighter fell through the floor that had been weakened by the fire. He was trapped momentarily until the other firefighters eventually pulled him from the hole in the floor. The firefighters then were forced to retreat from the third floor. Heinz also testified that the use of an accelerant like gasoline increases the risk posed to firefighters because it accelerates the rate of bum, causes floors to weaken more quickly when poured onto them, and causes the flames to explode and flare when hit with water.

New Haven Fire Marshal Frank Dellamura also responded to the fire. He discovered four or five areas in 16 Clover Place where gasoline had been poured but did not ignite. Additionally, in three rooms on the first floor, Dellamura found six or seven plastic milk containers that were partially melted with scorch marks near each of them. Dellamura opined that the fire was the result of an arsonist who had attempted to cause an explosion and to bum the house down. Dellamura also opined that because the fire originated in several areas, it must have been set by more than one person.

The defendant was charged by information with arson in the first degree and conspiracy to commit arson in the first degree. The defendant and Newton were tried together. The defendant moved for a judgment of acquittal at the end of the state’s case. The motion was denied, and the defendant was subsequently convicted. This appeal followed.

I

The defendant first claims that the evidence is insufficient to sustain his conviction of arson in the first degree and conspiracy to commit arson in the first degree. We are unpersuaded and conclude that the evidence is sufficient to support his conviction of both crimes.

[471]*471“The standard of review employed in a sufficiency of the evidence claim is well settled. [W]e apply a two-part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [jury] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt. ... In this process of review, it does not diminish the probative force of the evidence that it consists, in whole or in part, of evidence that is circumstantial rather than direct. ... It is not one fact, but the cumulative impact of a multitude of facts which establishes guilt in a case involving substantial circumstantial evidence.....

“While 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. . . . 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. . . . Moreover, [i]n evaluating evidence that could yield contrary inferences, the [jury] is not required to accept as dispositive those inferences that are consistent with the defendant’s innocence. ... As we have often noted, proof beyond a reasonable doubt does not mean proof beyond all possible doubt . . . nor does proof beyond a reasonable doubt require acceptance of every hypothesis of innocence posed by the defendant that, had it been found credible by the [jury], would have resulted in an acquittal. ... On appeal, we do not ask whether there is a [472]*472reasonable view of the evidence that would support a reasonable hypothesis of innocence. We ask, instead, whether there is a reasonable view of the evidence that supports the jury’s verdict of guilty.” (Citations omitted; internal quotation marks omitted.) State v. Torres, 242 Conn. 485, 489-90, 698 A.2d 898 (1997).

A

We first examine the claim that the evidence is insufficient to support the defendant’s conviction of arson in the first degree.

Hutchings saw the defendant with Newton very early on the morning of October 23, 1996, carrying a bucket between the houses at 16 and 18 Clover Place.

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Related

Spearman v. Commissioner of Correction
138 A.3d 378 (Connecticut Appellate Court, 2016)
State v. Miller
795 A.2d 611 (Connecticut Appellate Court, 2002)
State v. Paris
775 A.2d 994 (Connecticut Appellate Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
754 A.2d 802, 58 Conn. App. 467, 2000 Conn. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spearman-connappct-2000.