State v. Traficonda

612 A.2d 45, 223 Conn. 273, 1992 Conn. LEXIS 253
CourtSupreme Court of Connecticut
DecidedAugust 4, 1992
Docket14310
StatusPublished
Cited by26 cases

This text of 612 A.2d 45 (State v. Traficonda) 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. Traficonda, 612 A.2d 45, 223 Conn. 273, 1992 Conn. LEXIS 253 (Colo. 1992).

Opinion

Berdon, J.

The defendant, Philip C. Traficonda, was charged in an information with the crime of murder in violation of General Statutes § 53a-54a.1 At the defendant’s request, the trial court charged the jury on the lesser included offenses of manslaughter in the first degree in violation of General Statutes § 53a-55,2 [275]*275and criminally negligent homicide in violation of General Statutes § 53a-58.3 After a jury verdict of guilty of the crime of murder, the defendant was sentenced by the court to a term of life imprisonment. The defendant appealed from the judgment of conviction to this court.4 We affirm the judgment of the trial court.

On appeal, the defendant claims that the trial court improperly denied his motion for judgment of acquittal because the state did not produce sufficient evidence to establish beyond a reasonable doubt that the defendant intended to kill his wife, and that the trial court improperly denied his motion for a mistrial following the improper and prejudicial testimony of a witness that deprived him of a fair trial.

The following evidence was presented at trial. On June 3, 1989, at approximately 4:35 a.m., Officers Bernard Douton and Bruce Thompson of the Waterford police department responded to a report of a shooting at the defendant’s address. The defendant had called 911 to report the shooting. Shortly after they arrived at the scene, the officers saw the defendant walking down the driveway towards them, yelling that “he had shot his wife and to hurry up and get inside.” The victim, Terry Traficonda, died instantly from the gunshot wound to the neck area.

The defendant told the police that he and his wife had been discussing hunting when she expressed an interest in learning how the weapon operated. The defendant said that his wife had been lying on the couch and he had been sitting in a chair, demonstrating how [276]*276his “30-30” caliber Winchester rifle worked, when the gun discharged accidentally and struck his wife. The defendant claimed that he “freaked out,” threw the gun down, and ran to his wife’s side.

Officer Mark Willard testified that at the police station, the defendant’s mood had shifted from crying and sobbing, to somber and straight, to telling jokes, and back again. Willard testified that the defendant had said that he loved his wife and son, “Then he kind of clarified it, said he loved the bitch. He said that maybe he should have shot himself. Then he said, ‘No, life could never get that bad. I would never do [that to] myself.’ ” Blood alcohol tests, performed at 5:36 a.m. and 6:14 a.m. revealed blood alcohol levels of .219 and .199, respectively.

The defendant’s 911 call, which had been recorded by the Waterford police department, was later copied and analyzed by Detective Stuart Clark, who heard the sounds of a lever on a lever-action rifle being worked back and forth rapidly, and the sounds of a storm door being opened and closed.5 An analysis of the tape by the Engineering Research Facility of the Federal Bureau of Investigation disclosed that the unloading of the defendant’s rifle made a unique sound which was consistent with the unloading sound on the tape.

The police discovered the defendant’s rifle, which holds a maximum of six bullets, in the hallway near its case. One spent “30-30” caliber cartridge was discovered on the floor near the sofa on which the victim was found, and one live “30-30” caliber round was found underneath a cushion on the couch. Four live rounds were discovered in an adjoining neighbor’s backyard, approximately thirty to fifty feet from the defendant’s backdoor. Marks on the one spent cartridge were con[277]*277sistent with chamber markings from the defendant’s rifle. Four of the five live rounds contained ejector markings from the defendant’s rifle. The markings on the remaining live round could not be identified. A total of six rounds, both discharged and undischarged, were found.

Trooper Robert Hathaway, from the state police forensic laboratory, testified that the defendant’s rifle could be fired accidentally, but only if: (1) the rifle had a cartridge in the chamber; (2) the safety lever was compressed against the barrel; (3) the hammer was held back; and (4) the trigger was pulled—all while the hammer simultaneously slipped. Two defense witnesses testified that the defendant was familiar with gun safety.

Numerous witnesses for the state testified about a history of marital strife and documented the defendant’s mental and physical abuse of the victim. Sergeant Robert Flannigan testified that he had been called to the defendant’s residence to investigate a domestic dispute less than two weeks before the victim’s death. The victim, who had a cut and bruised lip, had urged Flannigan to remove the “30-30” caliber Winchester rifle from their home. During the state’s case-in-chief, several witnesses testified that the victim had been terrified of guns.

Attorney David Fabricant testified that on June 1, 1989, two days before the shooting, the victim had consulted him, saying that she had been a victim of abuse by her husband. Fabricant testified that he had noticed bruises on her legs, arms and neck. He testified that the victim had told him that she was afraid that if she divorced her husband, he would attempt to obtain custody of their young child. Other witnesses attested to having seen bruises on the victim which she said had been inflicted by the defendant. The victim’s mother [278]*278testified that the victim had said, “ ‘Mom, [the defendant] told me that he was going to have his child if he had to kill me to do it.’ ”

I

The defendant claims that the trial court improperly denied his motion for judgment of acquittal because the state did not produce sufficient evidence to establish beyond a reasonable doubt that the defendant intended to kill his wife. The defendant asserts that (1) in light of his intoxication, a reasonable jury could not have concluded beyond a reasonable doubt that he intended to kill his wife, and (2) he acted under the influence of extreme emotional disturbance, thereby mitigating his culpability from murder to manslaughter. The defendant does not dispute the fact that he caused the victim’s death, but challenges the sufficiency of the evidence that he possessed the requisite intent to kill his wife. We are not persuaded by either of the defendant’s sufficiency claims and conclude that the trial court properly denied the defendant’s motion for a judgment of acquittal.

In reviewing a sufficiency claim, this court must follow the well established 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.” State v. Grant, 219 Conn. 596, 599-600, 594 A.2d 459 (1991). Moreover, circumstantial evidence has the same probative force as direct evidence. Id., 600.

A

The defendant claims that in light of the evidence of his intoxication, a reasonable jury could not have found [279]*279beyond a reasonable doubt that he specifically intended to kill his wife. “A

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Cite This Page — Counsel Stack

Bluebook (online)
612 A.2d 45, 223 Conn. 273, 1992 Conn. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-traficonda-conn-1992.