18 Conn. App. 303 | Conn. App. Ct. | 1989
The defendants are appealing their convictions, after a jury trial, of the crime of criminal trespass in the first degree under General Statutes § 53a-107 (a) (l).
Failing to persuade the group to leave, Hill called the police. Officer Hildon Wright of the New Haven police department was the first to arrive, followed by Officer Theodis Fenn. Both officers saw a group of demonstrators outside the recruiting office and, upon
The defendants, appearing pro se, were tried to a jury and convicted of the crime of criminal trespass in the first degree in violation of General Statutes § 53a-107 (a) (l).
The defendants claim that the trial court erred (1) in ruling that their proffered evidence regarding the defense of necessity was insufficient as a matter of law, (2) in unduly restricting their ability to present a defense, (3) in improperly instructing the jury on the charge of criminal trespass in the first degree, and (4) in making reference to the possibility of later appellate review of evidentiary rulings. We find these claims of error to be without merit.
After hearing arguments, the trial court ruled that a defense of necessity was inappropriate under the facts and circumstances of this case. The court determined that the defendants’ evidence, even if believed, failed to demonstrate any causal relationship between their commission of the crime of trespass at the recruiting office in New Haven and the prevention of perceived harms. Accordingly, the court concluded that the
Our statutory definition of the defense of justification, General Statutes §§ 53a-16
At common law, the defense of necessity has been recognized under certain narrowly defined circumstances. See, e.g., United States v. The Diana, 74 U.S. (7 Wall.) 354, 19 L. Ed. 165 (1869). The defense rests upon the proposition that “there may be circumstances where the value protected by the law is, as a matter of public policy, eclipsed by a superceding value which makes it inappropriate and unjust to apply the usual criminal rule.” Commonwealth v. Brugmann, 13 Mass. App. 373, 377, 433 N.E.2d 457 (1982); see also W.
Connecticut case law is devoid of any definition of the defense of necessity. Other jurisdictions recognizing the defense of necessity generally require a showing by the defendant: “(a) that there is no third and legal alternative available, (b) that the harm to be prevented [was] imminent, and (c) that a direct causal relationship [may] be reasonably anticipated to exist between defendant’s action and the avoidance of harm.” United States v. Seward, 687 F.2d 1270, 1275 (10th Cir. 1982), cert. denied, 459 U.S. 1147, 103 S. Ct. 789, 74 L. Ed. 2d 995 (1983); State v. Marley, 54 Haw. 450, 472, 509 P.2d 1095 (1973). In this case, the trial court determined that other legal alternatives were available to the defendants and that the defendants’ evidence, even if believed, failed to establish a causal relationship between their commission of the crime of trespass at the recruiting station in New Haven and the prevention of the perceived harms.
The defendants contend that the court erred in refusing to permit them to present evidence to the jury regarding a defense of necessity and in refusing to instruct the jury regarding that defense. This claim is without merit. Where an offer of proof is made with respect to a defense and it is clear from the offer of proof that the defense is insufficient as a matter of law,
The defendants next argue that the trial court, by excluding evidence of their mental states, prevented them from asserting a valid defense to the charges against them. This claim, too, is without merit. Our review of the transcript and the trial court’s charge to the jury reveals that the court imposed no restriction that would prevent the defendants from presenting relevant evidence supporting any valid defenses they might raise. The testimony excluded by the court concerned the “license” or “privilege” relied on by the defendants, i.e., that they were acting out of a duty or necessity to prevent violations of international law. Because the court had previously ruled that this defense was inappropriate, evidence that was relevant only for the purpose of establishing the defense was properly excluded. We will not intrude on the trial court’s exercise of its broad discretion when ruling on questions of relevancy unless a clear abuse of discretion is manifest. State v. DeForge, 194 Conn. 392, 396, 480 A.2d 547 (1984). No such abuse is shown in the record.
In their third claim of error, the defendants challenge the trial court’s instructions to the jury on the charge of criminal trespass in the first degree. The defendants argue that the court misrepresented the requirements for conviction under General Statutes §§ 53a-107 and
Our reading of the trial court’s charge to the jury discloses no error on the part of the trial court. The charge, taken as a whole, fully instructs the jury regarding the elements constituting the crimes charged and fully explains the legitimate statutory defense available. We conclude that it was not reasonably possible that the jury was misled by the challenged instructions.
The defendants’ final claim is that the trial court erred when it made reference to the availability of appellate review of its evidentiary rulings. Immediately following the defendant Drummy’s closing argument, the court remarked to the jury that there was certain evidence that the defendants had been precluded from presenting due to the court’s rulings. The court explained to the jury that any mistaken rulings it had made could be addressed in a different tribunal. The defendant failed to object to that remark. This court need not consider A claim of error unless it was distinctly raised at trial. Practice Book § 4185. We decline the defendants’
There is no error.
In this opinion the other judges concurred.
“[General Statutes] Sec. 53a-107. criminal trespass in the first degree: class a misdemeanor, (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that he is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person;
“(b) Criminal trespass in the first degree is a class A misdemeanor.”
The defendant Ann Sorenson was also charged with and acquitted of the crime of criminal mischief in the third degree in violation of General Statutes § 53a-117.
“[General Statutes] Sec. 53a-16. justification as defense. In any prosecution for an offense, justification, as defined in sections 53a-17 to 53a-23, inclusive, shall be a defense.”
“[General Statutes] Sec. 53a-17. conduct required or authorized by law or judicial decree. Unless inconsistent with any provision of this chapter defining justifiable use of physical force, or with any other provision of law, conduct which would otherwise constitute an offense is justifiable when such conduct is required or authorized by a provision of law or by a judicial decree, including but not limited to (1) laws defining duties and functions of public servants, (2) laws defining duties of private citizens to assist public servants in the performance of certain of their functions, (3) laws governing the execution of legal process, (4) laws governing the military services and the conduct of war, and (5) judgments and orders of courts.”