State v. Walker

537 A.2d 1021, 206 Conn. 300, 1988 Conn. LEXIS 38
CourtSupreme Court of Connecticut
DecidedFebruary 16, 1988
Docket13034
StatusPublished
Cited by34 cases

This text of 537 A.2d 1021 (State v. Walker) 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. Walker, 537 A.2d 1021, 206 Conn. 300, 1988 Conn. LEXIS 38 (Colo. 1988).

Opinion

Hull, J.

The defendant, Gregory Walker, appeals from his judgment of conviction, after a jury trial, of the crime of murder in violation of General Statutes § 53a-54a (a).1 He raises four claims of error on appeal: (1) the prosecutor’s comment on the defendant’s post-arrest silence; (2) the prosecutor’s comments on the defendant’s failure to testify; (3) the admission into evidence of photographs of the victim’s body; and (4) the insufficiency of the evidence to prove the defendant’s guilt beyond a reasonable doubt. We find no error.

The jury could reasonably have found the following facts. On February 7, 1985, at 1:32 a.m., the Bridgeport police found the body of a male in an alley between the multi-service center and the special services police department office in Father Panik Village. The alley is approximately 100 feet long and six to seven feet wide. There were no lights in the alley. A fence surrounds the alley but the police officers at the scene were able to approach the body by walking through a hole in the fence. The alley was surrounded by residential buildings about 150 to 200 feet away, each containing eighteen to twenty-two units. The police saw no one in the alley or exiting it. The victim was identified on February 20, 1985, as Eddie Singletary, a resident of Passaic, New Jersey.

The victim was found in the snow with the hood of his orange and black jacket pulled over his head. A detective found one bullet near the victim’s lower back and three spent Remington .25 cartridges near the head. The chief medical examiner found four bullet holes in the head. The cause of death was multiple gun shot wounds to the brain. Death most likely occurred between ten to twenty minutes and one hour after [302]*302infliction of the wounds. The shots were probably fired from over two feet away. Detective Leo Krusinski. spoke with the defendant at the detective bureau on March 5, 1985. The defendant was not under arrest. The defendant admitted he knew Singletary. He said that he and Singletary had come to Bridgeport from New Jersey and had arrived at 681 Hallett Street, the place where the defendant’s wife was staying, at 5:30 a.m. on February 6. He and Singletary “hung around” and “got drunk.” At about 4 p.m. that day he gave $20 to Singletary to take the train to Passaic. The defendant also said his sister’s child had been molested by Singletary.

The last time Woodrow Minnick saw the defendant was in the company of Minnick’s brother, Donald. They came to the Hallett Street address sometime after 8 p.m. that evening to watch a University of Pittsburgh basketball game. The Pittsburgh game began at 8 p.m. on February 6. Deborah Embry saw the defendant in the Hallett Street house asleep at 7:30 a.m. on February 6. Singletary also was there. They stayed in the house all day. At about 5:30 p.m. the defendant, Singletary and Janie Minnick, who was the defendant’s wife, left. At 1 a.m. on February 7,1985, Embry saw the defendant come through the front door and go to Janie’s room.

The state’s key witness was Donald Minnick, Janie’s brother. When he was leaving work on February 6, 1985, he saw the defendant in his car with a man named Eddie. Eventually they went to the Hallett Street address to watch the Pittsburgh basketball game. They watched the game, staying until 10 or 11 p.m. The three of them then went to Father Panik Village in a car driven by the defendant. While the three of them were near building No. 17 the defendant and the victim said they were “going to take a leak.” The victim and the defendant then walked over by the fence near building No. 17, [303]*303behind the office and into a dark alley. They were out of his sight while Minnick stood and waited for their return. He waited for about five minutes and then heard three or four gunshots, at close to midnight. He saw no other person in the area when the defendant came back from the alley. He then saw the defendant walking to the car approximately one or two minutes after hearing the gunshots. The defendant then told Minnick that “he was sorry” that “he had to do what he did, but it had to be done.” Minnick said that at this point the defendant’s mood was normal. The defendant told Minnick that Eddie had molested his niece “or something” although Minnick did not remember why he was told this. The defendant told Krusinski that he had questioned the victim about his niece but the victim denied that he had had anything to do with her.

I

Claimed Error in the Prosecutor’s Comments on the Defendant’s Post-Arrest Silence

No post-arrest statements by the defendant were introduced at the trial nor did the defendant testify. In his opening argument the prosecutor stated: “Think about it—Mr. Singletary comes to Bridgeport, for what reason? And in less than 24 hours after he arrives in Bridgeport, he is a dead man. Does it sound like a bad break on his part? Does it sound like it may have been planned? That this had been thought out? Because if you hit him in Bridgeport, Bridgeport doesn’t know anything about it. You got no information on Eddie Singletary. Nobody is coming out of the woodwork to identify the body and Bridgeport won’t get an identification on the individual and just say, hey, chalk it up—we tried. No, Detective Krusinski worked on this. They finally got verification of who this individual was and confirmed it. They did an investigation in New Jersey. He came back here and now he starts interview[304]*304ing him. And Deborah Embry comes forward and says yeah, that man was in my house. He came here with Gregory Walker. And Gregory Walker was there the next day. And there was no Eddie Singletary. Now if that were the case, and Mr. Walker had nothing to hide the next day, perhaps he would have been saying, hey, where is my friend Eddie?” (Emphasis added.)

The defendant claims that this comment violated his due process rights under the fourteenth amendment to the United States constitution and article first, § 8, of the Connecticut constitution.2 Although the defendant did not object to this comment he seeks appellate review under the second “exceptional circumstance” test in State v. Evans, 165 Conn. 61, 70, 327 A.2d 576 (1973), where the record adequately supports a claim that a defendant clearly has been deprived of a fundamental constitutional right and a fair trial. The defendant’s claim is that the argument above violated his constitutional rights under Doyle v. Ohio, 426 U.S. 610, 96 S. Ct. 2240, 49 L. Ed. 2d 91 (1976). The Doyle court held that “[t]he use for impeachment purposes of [the defendant’s] silence at the time of arrest and after receiving Miranda3 warnings, violated the Due Process Clause of the Fourteenth Amendment.” Id., 619. This court does not usually review claims of error that [305]*305were not raised at trial. Practice Book § 4185. We will review the defendant’s claim, however, because it involves his fundamental constitutional right to due process under the fourteenth amendment. State v. Evans, supra, 71.

The rationale of the Doyle rule is that “it would be fundamentally unfair and a deprivation of due process to allow the arrested person’s silence to be used to impeach an explanation subsequently offered at trial.” Doyle v. Ohio, supra, 618; Wainwright v. Greenfield,

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Bluebook (online)
537 A.2d 1021, 206 Conn. 300, 1988 Conn. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-conn-1988.