State v. Wickes

805 A.2d 142, 72 Conn. App. 380, 2002 Conn. App. LEXIS 485
CourtConnecticut Appellate Court
DecidedSeptember 17, 2002
DocketAC 21555
StatusPublished
Cited by21 cases

This text of 805 A.2d 142 (State v. Wickes) 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. Wickes, 805 A.2d 142, 72 Conn. App. 380, 2002 Conn. App. LEXIS 485 (Colo. Ct. App. 2002).

Opinion

Opinion

DUPONT, J.

The defendant, Kevin J. Wickes, appeals from the judgment of conviction, rendered after a jury trial, of attempt to commit larceny in the first degree in violation of General Statutes §§ 53a-49 and 53a-122, and attempt to commit insurance fraud in violation of General Statutes §§ 53a-49 and 53a-215. The sole issue on appeal is whether certain remarks made by the prosecutor in his closing and rebuttal arguments to the jury amounted to prosecutorial misconduct that denied the defendant a fair trial. We conclude that the defendant was not denied a fair trial and, therefore, we affirm the judgment of the trial court.

The jury reasonably could have found the following facts. On November 30, 1997, the defendant, a Groton city police officer2 was working the day shift. Later in the afternoon, he informed his wife, Dara Wickes, that he would not be home at his normal time because he was working an overtime shift but that maybe the two could meet for dinner. At approximately 4:30 p.m., the defendant spoke with Dara Wickes and asked her to meet him at the Streeter boat launch in Groton. She agreed, believing they were meeting for dinner, and arrived there to meet the defendant sometime between 6 p.m. and 6:30 p.m.

Dara Wickes, who was driving the defendant’s minivan, stopped next to his police cruiser, which was on the ramp facing the water. The defendant grabbed her, pushed her into the back of his police cruiser and told [383]*383her to remain there. The defendant then opened all of the windows and the rear hatch of the minivan. Thereafter, he used a rubber hammer, to break off the key from the ignition, causing cosmetic damage to the steering column. The defendant pushed the minivan3 down the ramp into the water. As the defendant and Dara Wickes drove away from the boat launch, he threw the broken piece of the ignition key into a grassy area.

The defendant drove to a nearby shopping center where Dara Wickes got out of the vehicle. He told her to call 911 and to report the minivan stolen, and he threatened her when she refused to do so. The defendant left and Dara Wickes went into the shopping center. At 7:23 p.m. Dara Wickes called the Groton city police station to speak with the defendant. Former Sergeant Robert Giesing, the desk officer, informed her that the defendant was not there. After shopping in a grocery store, at 7:40 p.m. she again telephoned the police station and asked for the defendant. Giesing informed her that the defendant was not there.

Dara Wickes then called the Groton town police to report that the minivan had been stolen. At approximately 7:50 p.m., Officer Paul Reams of the Groton town police was dispatched to the scene. At 7:51 p.m., the dispatch officer telephoned Groton city police and spoke with Giesing. Giesing transmitted a message to the defendant over the police computer network,4 telling him to call the Groton town police station. The defendant, who was at the Mystic Icehouse speaking with Officers William Wagner and Michael Vanover of [384]*384the Groton city police, used a pay telephone to call the Groton town police department. Thereafter, at 7:55 p.m. the defendant requested permission from Giesing to go to the shopping center where the car allegedly had been stolen.

The defendant spoke with the responding officer, Reams, and then told Dara Wickes to call the Liberty Mutual Insurance Company when she got home. Thereafter, the defendant returned to duty, and Groton town police officers transported Dara Wickes home. A short time later, the defendant returned to the police station and got permission from Giesing to call his insurance company to report the theft of his minivan. At 9:15 p.m., the defendant called the insurance company and spoke with its claims center.

The minivan was found on December 4, 1997, in the Thames River off the shore of the Streeter boat launch. Following its retrieval from the river, the Groton town police began an investigation into the circumstances surrounding its alleged theft and disposal into the river. The investigation revealed that the minivan had not been broken into or started by “popping” the ignition. There only was cosmetic damage to the ignition, in which the broken key was found. That evidence and further investigation led to the conclusion that the vehicle had not been stolen. Additional facts will be set forth as necessary.

I

REVIEWABILITY

The defendant did not properly preserve his claim of prosecutorial misconduct at trial5 and therefore requests review under State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). “The first two Golding [385]*385requirements involve whether the claim is reviewable, and the second two involve whether there was constitutional error requiring a new trial.” (Internal quotation marks omitted.) State v. Stevenson, 70 Conn. App. 29, 32, 797 A.2d 1 (2002). We conclude that the record is adequate for review and that the claim of prosecutorial misconduct in violation of a fundamental right is of constitutional magnitude, and, therefore, we will consider whether the alleged constitutional violation clearly exists and whether it denied the defendant a fair trial. See State v. Jefferson, 67 Conn. App. 249, 266, 786 A.2d 1189 (2001), cert. denied, 259 Conn. 918, 791 A.2d 566 (2002).

In evaluating a prosecutorial misconduct claim, we review whether the record discloses a pattern of misconduct pervasive throughout the trial or conduct that was so blatantly egregious that it infringed on the defendant’s right to a fair trial. See State v. Dudley, 68 Conn. App. 405, 409-10, 791 A.2d 661, cert. denied, 260 Conn. 916, 797 A.2d 515 (2002). A statement within closing argument is blatantly egregious as to implicate the fundamental fairness of the trial itself where “in light of all of the facts and circumstances ... no curative instruction could reasonably be expected to remove [its] prejudicial impact.” (Internal quotation marks omitted.) State v. Ancona, 69 Conn. App. 29, 37, 797 A.2d 1138, cert. granted on other grounds, 260 Conn. 928, 798 A.2d 970 (2002). In reviewing a claim of prosecutorial misconduct during closing argument, “we ask whether the prosecutor’s conduct so infected the trial with unfairness as to make the resulting conviction a denial of due process.” (Internal quotation marks omitted.) Id.

To determine whether prosecutorial conduct amounts to a denial of due process, we evaluate whether the conduct was improper and, if so, whether the conduct caused substantial prejudice to the defen[386]*386dant. State v. Thompson, 69 Conn. App. 299, 304, 797 A.2d 539, cert. granted on other grounds, 260 Conn. 936, 802 A.2d 90 (2002). In that analysis, “[w]e do not focus alone ... on the conduct of the prosecutor.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Medrano
27 A.3d 52 (Connecticut Appellate Court, 2011)
State v. Kendall
2 A.3d 990 (Connecticut Appellate Court, 2010)
State v. Velez
966 A.2d 743 (Connecticut Appellate Court, 2009)
State v. Bardliving
951 A.2d 615 (Connecticut Appellate Court, 2008)
State v. PEDRO S.
865 A.2d 1177 (Connecticut Appellate Court, 2005)
State v. Dews
864 A.2d 59 (Connecticut Appellate Court, 2005)
State v. Tate
857 A.2d 394 (Connecticut Appellate Court, 2004)
State v. Ceballos
832 A.2d 14 (Supreme Court of Connecticut, 2003)
State v. Abrahams
831 A.2d 299 (Connecticut Appellate Court, 2003)
State v. Perez
828 A.2d 626 (Connecticut Appellate Court, 2003)
State v. Dupigney
826 A.2d 241 (Connecticut Appellate Court, 2003)
State v. McKiernan
826 A.2d 1210 (Connecticut Appellate Court, 2003)
State v. Gentile
818 A.2d 88 (Connecticut Appellate Court, 2003)
State v. Cruz
816 A.2d 683 (Connecticut Appellate Court, 2003)
State v. Guzman
809 A.2d 526 (Connecticut Appellate Court, 2002)
Lemoine v. Commissioner of Correction
808 A.2d 1194 (Connecticut Appellate Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
805 A.2d 142, 72 Conn. App. 380, 2002 Conn. App. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wickes-connappct-2002.