State v. Walton

678 A.2d 986, 41 Conn. App. 831, 1996 Conn. App. LEXIS 322
CourtConnecticut Appellate Court
DecidedJune 25, 1996
Docket12608
StatusPublished
Cited by14 cases

This text of 678 A.2d 986 (State v. Walton) 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. Walton, 678 A.2d 986, 41 Conn. App. 831, 1996 Conn. App. LEXIS 322 (Colo. Ct. App. 1996).

Opinion

O’CONNELL, J.

The defendant appeals from the judgment of conviction of manslaughter in the first degree in violation of General Statutes § 53a-55 (a) (1), assault in the first degree in violation of General Statutes § 53a-59 (a) (1), and carrying a pistol without a permit in violation of General Statutes § 29-35. The defendant claims that the trial court improperly (1) denied his motion to suppress two statements, (2) excluded evidence of the victim’s use of cocaine, (3) dismissed a regular juror after deliberations had begun, and (4) substituted an alternate juror for a regular juror after deliberations had begun. We reverse the judgment of conviction and remand for a new trial.

The jury could reasonably have found the following facts. On the evening of December 30, 1991, Melvin, Evelyn, and Tony Kardulis drove to a convenience store on the comer of Farmington Avenue and Marshall Street in Hartford to purchase laundry detergent. Evelyn waited in the car while Melvin went into the store. After [833]*833returning a video at a nearby store, Tony joined Melvin in the store.

A group of five men, including the defendant and Tarik Hightower, approached Melvin and Tony in the convenience store. The group then left and waited outside for Melvin and Tony. Outside, Hightower grabbed Melvin and forced him down on the pavement. Tony attempted to protect Melvin by kicking Hightower. The defendant, who up until this point had not been involved in the fight, pulled out a gun and fired at both Melvin and Tony. Tony attempted to disarm the defendant, who continued shooting. When he was out of bullets, the defendant fled and tossed the gun into a nearby dumpster. Melvin and Tony were taken by ambulance to a hospital where Melvin died from three gunshot wounds to his chest and neck. Additional facts are included in the analysis of individual claims.

I

The defendant first raises a two part challenge to the trial court’s denial of his motion to suppress two incriminating statements that he gave without the benefit of Miranda1 warnings. We conclude that the trial court properly denied the defendant’s motion.

At the suppression hearing, the trial court found the following facts. On the morning following the shooting, the sixteen year old defendant, with his mother, sister, and grandfather, appeared at the Hartford police station at 9 a.m. The defendant’s mother told the desk sergeant that she wanted to turn her son in for being “involved” in the previous evening’s shooting. The desk sergeant escorted the defendant and his family to the second floor crimes against persons unit. The defendant was told to wait in an interview room, and his family was seated at a conference table about twenty-five feet [834]*834away. The door to the interview room was left open, and, although there were officers on duty in the unit, the room itself was unguarded.

The desk sergeant telephoned Detective James Rovella, an investigator assigned to the shooting, stating that “a party • • • who had knowledge of’ the shooting had come to the station. Upon arriving from his home forty-five minutes later, Rovella spoke with the defendant’s family, and ascertained that the defendant was then wearing the same clothes that he had worn the previous evening. At no time did the family tell Rovella that the defendant was the shooter.

Rovella went to the interview room, shut the door and introduced himself. At that time, Rovella saw that the defendant’s clothing and physical characteristics matched the description of the shooter that he had been given at the scene. Rovella did not apprise the defendant of his Miranda rights and asked the defendant what had happened on the previous night. In response to this single question, the defendant answered that an argument between two men escalated into a physical confrontation, and that he fired his gun to protect a friend from one of the men who was brandishing a knife.

Approximately five minutes after Rovella had entered the interview room, a woman introducing herself as the defendant’s attorney knocked on the door. Rovella immediately ceased questioning the defendant and left the interview room. The defendant and his attorney spoke privately.

On the basis of his oral confession to the shooting, the defendant was arrested and transferred to Officer Thomas Kieselback for booking. During fingerprinting, the defendant became upset and began to cry. Kiesel-back asked the defendant “if he was all right.” The defendant responded to this question by again confessing to the shooting.

[835]*835A

In the first part of this claim, the defendant argues that the trial court improperly denied his motion to suppress the incriminating statement made to Rovella.

Two conditions must be satisfied to trigger the advisement of rights constitutionally required by Miranda: (1) the suspect must be in the custody of law enforcement officials; and (2) the suspect must be subjected to interrogation.2 State v. Vitale, 197 Conn. 396, 411, 497 A.2d 956 (1985).

Our review of a trial court’s finding of whether a person was in custody has previously been limited to a determination of whether that finding is clearly erroneous. State v. Ross, 230 Conn. 183, 204, 646 A.2d 1318 (1994), cert. denied, 513 U.S. 1165, 115 S. Ct. 1133, 130 L. Ed. 2d 1095 (1995); State v. Northrop, 213 Conn. 405, 414, 568 A.2d 439 (1990). The United States Supreme Court, however, has recently held that a federal habeas court’s review of a state trial court’s determination of custody for Miranda purposes is a mixed question of law and fact. Thompson v. Keohane, 516 U.S. 99, 112-13, 116 S. Ct. 457, 133 L. Ed. 2d 383 (1995). “Two discrete inquiries are essential to the determination [of custody]: first, what were the circumstances surrounding the interrogation; and second, given those circumstances, would a reasonable person have felt he or she was not at liberty to terminate the interrogation and leave.” Id., 112. The first inquiry, “ ‘whether there [was] a “formal arrest or restraint on freedom of movement” of the degree associated with a formal arrest’ ”; Stansbury v. California, 511 U.S. 318, 322, 114 S. Ct. 1526, 128 L. [836]*836Ed. 2d 293 (1994), quoting California v. Beheler, 463 U.S. 1121, 1125, 103 S. Ct. 3517, 77 L. Ed. 2d 1275 (1983) (per curiam); State v. Pittman, 209 Conn. 596, 606, 553 A.2d 155 (1989); is factual and will not be overturned unless it is clearly erroneous. See State v. Ross, supra, 204. The second inquiry, whether “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave”; United States v. Mendenhall, 446 U.S. 544, 554, 100 S. Ct. 1870, 64 L. Ed. 2d 497 (1980); requires an “application of the controlling legal standard to the historical facts.

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Bluebook (online)
678 A.2d 986, 41 Conn. App. 831, 1996 Conn. App. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walton-connappct-1996.