State v. Russell
189 Vt. 632
Vt.2011Background
- Defendant Elliot Russell was convicted by a jury of aggravated assault under 13 V.S.A. § 1024(a)(2) stemming from a December 10, 2007 barroom incident in Bennington.
- During trial, the State introduced letters Russell wrote from jail to Allison Pelletier in which he threatened the victim to show motive/intent.
- Defendant objected to the letters as irrelevant and prejudicial since neither party claimed recognizing the other on the night.
- Testimony showed Russell was seen with a hook knife and later admitted possessing a knife during the confrontation; the victim testified Russell was close enough to stab him.
- Defendant argued there was insufficient evidence to support aggravated assault and that the court erred by not instructing on simple assault as a lesser included offense.
- The Vermont Supreme Court affirmed the conviction, addressing evidentiary rulings, sufficiency of evidence, and jury instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of pre-incident letters | Russell shows motive to harm the victim | Letters are irrelevant and prejudicial | Letters were relevant; no abuse of discretion |
| Sufficiency of evidence for aggravated assault | Evidence showed deadly weapon and intent to harm | Evidence insufficient to convict | Evidence sufficient to support guilt |
| Jury instruction on simple assault as lesser included offense | Defendant entitled to a lesser-included offense instruction | No such instruction warranted given facts | No instruction warranted; simple assault not reasonably supported |
Key Cases Cited
- State v. Desautels, 180 Vt. 189 (2006 VT 84) (deferential abuse-of-discretion review for evidentiary rulings; relevance standard)
- State v. Ryder, 68 A. 652 (1908) (great latitude for circumstantial evidence in establishing propounded facts)
- State v. Forbes, 523 A.2d 1232 (1987 VT) (higher culpable state subsumes lesser included offenses)
- State v. Bolio, 617 A.2d 885 (1992 VT) (elements of simple assault subsumed in aggravated assault)
- State v. Wright, 581 A.2d 720 (1989 VT) (limits on granting lesser included offense instructions)
- State v. Kelley, 664 A.2d 708 (1995 VT) (unfair prejudice vs probative value in Rule 403)
- State v. Delisle, 648 A.2d 632 (1994 VT) (standards for evaluating sufficiency of the evidence)