128 Conn. App. 703
Conn. App. Ct.2011Background
- Petrozza owed defendant money; Petrozza died September 29, 2006, killed by skid-steer loader and buried on defendant's Manchester property.
- Defendant later stole Petrozza's checkbook, attempted to cash checks using Petrozza's license and forged signatures.
- Police recovered Petrozza's body on June 19, 2007, after warrants and searches; defendant cooperated with police, providing information about crimes and the body.
- Defendant was charged with murder; elected to be tried by three-judge panel; convicted May 27, 2009, and sentenced to 50 years.
- Defendant challenged warrants, statements, and procedures on appeal; issues include Franks hearing, suppression motions, and new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Franks hearing warranted | St Louis alleges police omitted exculpatory info and included false statements in warrants. | Omissions and falsity undermine probable cause; warrant affidavits false or misleading. | Franks hearing denied; probable cause remained even with omissions. |
| Warrants supported by probable cause; dismissal | Warrants lacked probable cause to arrest/charge murder; execution improper. | Evidence insufficient to show intent; improper execution limits under Fourth Amendment. | Probable cause found; warrants valid; no dismissal warranted. |
| Suppression of statements (Miranda and counsel) | Police failed to give Miranda warnings and to provide counsel after requests; interrogation improper. | Miranda rights triggered earlier; interrogation persisted after requests; counsel needed. | Waivers voluntary; timetable of warnings valid; no suppression warranted. |
| Suppression of physical evidence | Search exceeded scope; excavation not authorized; improper to involve highway department. | Warrant did authorize exterior search; excavation and civilian assistance permitted under law. | Warrant scope satisfied; excavation permitted; civilian assistance permissible; no suppression. |
| Motion for new trial | Errors in suppression and Franks rulings warrant new trial. | No reversible error; favorable rulings support verdict. | Court did not abuse discretion; new trial denied. |
Key Cases Cited
- State v. Pappas, 256 Conn. 854 (2001) (probable cause standard and Franks-type analysis)
- State v. Buddhu, 264 Conn. 449 (2003) (probable cause in search affidavits; scope of search warrants)
- State v. Heinz, 193 Conn. 612 (1984) (arrest warrant sufficiency; probable cause to arrest)
- State v. Vincent, 229 Conn. 164 (1994) (search warrants directed at property; evidence location)
- State v. Duffus, 125 Conn. App. 17 (2010) (Fourth Amendment scope and excavation uncertainty)
- United States v. Ross, 456 U.S. 798 (1982) (scope of searches of exterior premises)
- State v. Batts, 281 Conn. 682 (2007) (informant reliability; credibility in warrant affidavit)
- State v. Birch, 219 Conn. 743 (1991) (Sixth Amendment right to counsel; offense-specific right)
- State v. Bridges, 125 Conn. App. 72 (2010) (voluntariness of Miranda waivers; mixed questions of law and fact)
- State v. Anonymous, 240 Conn. 708 (1997) (objective unequivocal invocation of right to counsel)