189 Conn. App. 186
Conn. App. Ct.2019Background
- Angela Grasso, a bail bondsperson, shot and killed Jose Mendez while seated as his passenger; she was convicted of first‑degree manslaughter with a firearm and sentenced to 25 years (including a 5‑year mandatory minimum).
- Grasso and Mendez had a brief romantic/financial relationship during which Grasso paid for rentals and gave money; Mendez repeatedly threatened to expose information about Grasso’s employer and made threats to kill Grasso and her family.
- On the day of the shooting Mendez sent threatening texts, demanded money, and drove Grasso around after a failed clinic visit; Grasso retrieved a handgun from her purse and shot him when he slowed near a fast food restaurant.
- Grasso told police she shot because Mendez had said he would drive to her home, kill her family in her presence, then kill her; she claimed it was her last chance to stop him.
- The jury was instructed on statutory self‑defense (§ 53a‑19); Grasso argued she reasonably believed deadly force was imminent and necessary. The jury acquitted her of murder but convicted of manslaughter.
Issues
| Issue | State's Argument | Grasso's Argument | Held |
|---|---|---|---|
| Whether the state failed to disprove beyond a reasonable doubt that Grasso acted in self‑defense (deadly force justified under § 53a‑19) | Texts, behavior, and opportunities to avoid violence showed the shooting was to stop blackmail/ protect employment rather than to repel an imminent deadly attack; jury could disbelieve Grasso’s account | Grasso sincerely believed Mendez was about to use deadly force and that shooting then was necessary — it was her only chance | Affirmed: state proved beyond a reasonable doubt Grasso did not act in lawful self‑defense; any perceived threat was to occur in the future, not imminent, and her belief was not objectively reasonable |
| Whether the court’s refusal to rehear closing arguments during deliberations violated due process or the right to effective assistance (and whether the claim is reviewable) | Court properly declined and instead reread instructions; defense counsel expressly approved the response at trial, waiving appellate review | Trial court’s answer deprived Grasso of due process and effective assistance because jury specifically requested rehearing of closings | Affirmed: claim waived because defense counsel expressly agreed to the court’s response; therefore Grasso cannot prevail under Golding review |
Key Cases Cited
- State v. Revels, 313 Conn. 762, 99 A.3d 1130 (Conn. 2014) (framework for assessing whether state disproved a justification defense beyond a reasonable doubt)
- State v. Clark, 264 Conn. 723, 826 A.2d 128 (Conn. 2003) (self‑defense is a non‑affirmative defense; state must disprove it beyond a reasonable doubt after defendant makes a prima facie showing)
- State v. Reddick, 174 Conn. App. 536, 166 A.3d 754 (Conn. App. 2017) (discussion of § 53a‑19 elements and jury analysis)
- State v. Singleton, 292 Conn. 734, 974 A.2d 679 (Conn. 2009) (state may defeat self‑defense by disproving any element beyond a reasonable doubt)
- State v. Gooch, 186 Conn. 17, 438 A.2d 867 (Conn. 1982) (credibility of defendant and witnesses central to self‑defense claim)
- State v. Lewis, 220 Conn. 602, 600 A.2d 1330 (Conn. 1991) (self‑defense does not permit preemptive strikes)
- State v. Bryan, 307 Conn. 823, 60 A.3d 246 (Conn. 2013) (defendant may not use force when risk can be avoided by waiting)
- State v. Peters, 40 Conn. App. 805, 673 A.2d 1158 (Conn. App. 1996) (defendant must honestly believe other was using or about to use force)
- State v. Golding, 213 Conn. 233, 567 A.2d 823 (Conn. 1989) (standard for appellate review of unpreserved constitutional claims)
- In re Yasiel R., 317 Conn. 773, 120 A.3d 1188 (Conn. 2015) (modification of Golding review standard)
