People of Michigan v. Cody Cory-Lea Connolly
333703
| Mich. Ct. App. | Dec 26, 2017Background
- Defendant Cody Connolly was convicted by a jury of torture, interfering with reporting a crime by threats, assault with intent to do great bodily harm (AWIGBH), aggravated domestic violence (2nd offense), and interfering with electronic communications; acquitted of unlawful imprisonment and assault by strangulation. Sentences were concurrent, with the torture count carrying 20–45 years.
- Victim (ex-wife) testified Connolly demanded her phone, physically forced her (choked, grabbed hair, dragged, blocked exits), body-slammed her to the floor, and later refused medical help while recording her; she suffered a comminuted fracture of the iliac crest (pelvic fracture), bruising, and abrasions.
- Defendant admitted the incident occurred but claimed the victim was the aggressor and disputed aspects of her account; he recorded portions of the encounter on his phone and later sought analysis of that recording.
- At trial the court excluded testimony about a fight the victim attended four days earlier (no evidence it caused a pelvic injury), admitted prior domestic-violence testimony from a former partner under MCL 768.27b, and allowed an amendment to add the torture charge after pretrial analysis of the audio.
- On appeal Connolly challenged: sufficiency of torture evidence, exclusion of the 4‑day-prior fight evidence (right to present a defense), admission of other‑acts domestic‑violence testimony, amendment of the information to add torture, completeness of self‑defense jury instructions (and counsel’s effectiveness), and several sentencing‑guidelines scores.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for torture | Evidence showed victim was in defendant's custody/physical control, suffered a serious bone fracture (iliac crest), and defendant intended cruel/extreme pain (left her without help; taunted/recorded her) | Victim was not under custody/control when injured; fracture did not constitute "great bodily injury"; no intent to cause cruel/extreme pain | Conviction affirmed: evidence sufficient on custody/control, great bodily injury, and intent to cause cruel/extreme pain |
| Exclusion of evidence about victim's fight 4 days earlier (right to present a defense) | Evidence of prior fight was irrelevant absent proof it caused a pelvic injury; exclusion did not violate right to present a defense | Fight testimony was critical to show preexisting pelvic injury and contest causation/intent | No plain‑error: exclusion was not abuse of discretion or prejudicial; defense could probe preexisting injury and x‑rays showed a new fracture |
| Admission of other‑acts domestic‑violence testimony under MCL 768.27b | Prior acts probative of propensity in domestic‑violence context and relevant to credibility; limited to one witness and jury instructed | Volume and detail were unduly prejudicial under MRE 403 and diverted jury from facts of this case | Admission affirmed: probative value (propensity, credibility, context) outweighed prejudice; court properly instructed jury |
| Sentencing guidelines scoring (OV 7, 8, 19) | OV7 (50) for sadism/torture supported by recording and refusal of aid; OV8 (15) for victim held captive beyond time needed; OV19 (15) for interfering with emergency services by disabling phone and rendering victim immobile | Scores exaggerated or not supported by the record | Scores affirmed: factual findings supported by record and statutory application correct |
Key Cases Cited
- People v. Henderson, 306 Mich. App. 1 (discusses standard for sufficiency review)
- People v. Unger, 278 Mich. App. 210 (credibility and relevance; limits on speculation)
- People v. Burns, 494 Mich. 104 (intent as factual determination; proving intent by circumstantial evidence)
- People v. Stevens, 306 Mich. App. 620 (minimal circumstantial evidence to infer intent)
- People v. Cameron, 291 Mich. App. 599 (use of other evidence to assess credibility)
- People v. Brown, 267 Mich. App. 141 (post‑offense conduct may show intent)
- People v. Railer, 288 Mich. App. 213 (MCL 768.27b admission of domestic‑violence propensity evidence)
- People v. Watkins, 491 Mich. 450 (MRE 403 balancing in context of MCL 768.27b)
- People v. McGee, 258 Mich. App. 683 (trial court’s authority to amend information under court rule)
- People v. Bennett, 290 Mich. App. 465 (harmlessness of preliminary‑examination errors when trial evidence sufficient)
- People v. Frazier, 478 Mich. 231 (ineffective‑assistance standard)
- People v. Mills, 450 Mich. 61 (right to proper jury instructions)
- People v. Kowalski, 489 Mich. 488 (waiver of instructional error by failure to object)
- People v. Schultz, 278 Mich. App. 776 (other‑acts evidence gives context to behavioral history)
- People v. Johnson, 298 Mich. App. 128 (courts may consider entire record for OV scoring)
- People v. Smith, 318 Mich. App. 281 (OV19 scoring where defendant disabled a victim's means to summon help)