83 Conn. App. 452 | Conn. App. Ct. | 2004
Opinion
The defendant, William Eastwood, appeals from the judgment of conviction, following a jury trial, of three counts of attempt to commit kidnapping in the second degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-94 (a), three counts of risk of injury to a child in violation of General Statutes (Rev. to 1999) § 53-21 (a) (1), as amended by Public Acts 2000, No. 00-207, § 6, and one count of interfering with an officer in violation of General Statutes § 53a-167a.
The jury reasonably could have found the following facts. During the afternoon hours of October 16, 2000, the defendant drove in his van to Liberty Street in New Haven. He parked his van near a multifamily house where ten year old J, eleven year old R and twelve year old N, who are brothers, resided with their family. In the early evening hours, after the boys had returned home from school, R and N walked to a nearby market
The defendant, who was sitting in the driver’s seat of his van with the driver’s window rolled down, observed J walking alone toward the market. The defendant called to J, saying, “little boy . . . come here, come here.” J declined. The defendant then said to J, “come in this van,” and indicated that he wanted to take him to Madison. When J again refused to approach, the defendant said, “when I take you, you’re not going to tell your parents.” The defendant told J, “don’t make me come out of this van and grab you and kill you; you ain’t gonna see your parents again.” The defendant then opened the driver’s door of his van and stepped out. The defendant threatened to kill J if he did not get into the van. J smelled alcohol on the defendant’s breath, observed the defendant drinking from a square shaped bottle and observed through a window a mattress in the back of the van.
Frightened by the defendant, J ran to the market and told his brothers about his encounter with the defendant. Shortly thereafter, the three brothers left the market together. They soon encountered the defendant, who called to them. The defendant had spoken with R shortly before, asking him to go with him in his van. The defendant now asked the boys, as a group, to accompany him to Madison. J left the scene to get his uncle, who lived in his house. The defendant again asked R and N to get into the van so he could “take them somewhere.” The defendant threatened to kill R and N if they did not get into the van. The defendant told R that he was not a stranger and that he was not dangerous. R refused to get into the van, telling the defendant, among other things, to leave him alone and that he was a stranger.
The defendant, watching the boys’ home, remained in his van until Gregory Catania, a New Haven police officer, arrived. The defendant disobeyed Catania’s commands to exit the van. Catania opened the driver’s door of the van, pulled the defendant out of the van and attempted to handcuff the defendant. The defendant resisted. A second police officer, Rosealee Reid, arrived and assisted Catania in handcuffing the defendant and placing him in the back of Catania’s police cruiser. Catania placed the defendant under arrest. The defendant brought this appeal after his trial and conviction. Additional facts germane to the defendant’s claims will be set forth as necessary.
I
The defendant first claims that the court improperly denied his motion to suppress items that police found in his van. We disagree.
The record reflects that police filed an application for a warrant to search the defendant’s van, which was being stored at a police garage following the defendant’s October 16, 2000 arrest. Peter Moller, a detective with the New Haven police department, and David Fitzgerald, an officer with the New Haven police department, submitted the application as well as their affidavit in support of the warrant application. The application was for “any and all weapons and firearms including pistols,
In their affidavit, Moller and Fitzgerald averred, on the basis of their personal knowledge, personal observations, information received from other police officers, police reports and from statements given by prudent and credible witnesses, the following facts. On October 16, 2000, Catania and Reid responded to the 911 call from the victims’ uncle concerning a man outside of his home who threatened to kill his nephews if they did not accompany him. The officers found the defendant sitting in his van, but the defendant refused to comply with instructions to exit the van. The officers physically removed the defendant, who appeared to be intoxicated, from the van. The officers conducted a brief search of the van for weapons, but did not find any. Catania, however, noticed a “silver police type badge” on the van’s dashboard.
Moller and Fitzgerald further averred that Catania had spoken with the uncle, who related that J had run to his house and told him that “ ‘there’s a guy who wants to kill me. There’s a guy that wants to kill me if I don’t get into his car.’ ” The uncle went outside and found the defendant sitting in the driver’s seat of his van, talking to R and N. The defendant asked the uncle if he could take the boys to Madison. The uncle refused and called 911. Later that night, detectives from the New Haven police department interviewed J, R and N. Ten year old J recounted that the defendant had called to him, asked him to get into the van and said, “ ‘If you
Moller and Fitzgerald further averred that following the defendant’s arrest, they conducted a criminal background check. They discovered that, in October, 1989, Madison police had arrested the defendant for risk of injury to a child. The arrest warrant in that case disclosed that the defendant’s brother-in-law reported to police that the defendant had engaged in activities with and made comments of a sexual nature to his thirteen year old son, the defendant’s nephew. When police officers interviewed the defendant concerning these allegations, the defendant “freely admitted” that these events had occurred and that he desired “ ‘younger people.’ ”
The detectives averred that they spoke with Catania regarding Catania’s “brief search for weapons” in the defendant’s van immediately following the arrest. Catania recalled observing “a bed at the back of the vehicle, [a] computer printer, a black case containing what appeared to be a laptop type computer, a camera tri-pod stand, a bright camera light [and] two filing cabinets, along with clothing and various other [personal] items.” Following the arrest, police towed the defendant’s van to the police garage.
Moller and Fitzgerald finally averred that, on the basis of their training and experience as members of their department’s sexual assault and bias crime unit, “individuals that attempt to lure young children off of the street and into their vehicle do so in order to assault,
On October 20, 2000, the court, Alexander, J., issued the warrant and, on October 23, 2000, police executed the warrant. Prior to trial, the defendant filed a motion to suppress all evidence seized during the search and any testimony regarding such evidence. Evidence seized by police during their search of the van included a portable lamp with a 250 watt bulb, a disposable 35mm camera that was still in its packaging, many sheets of stickers, a badge engraved with the title, “Security Guard,” a pair of size eight underwear, approximately seventy-one photographs depicting boys, six photographs depicting naked boys and thirty-four pages of typewritten material authored by the defendant. At the hearing on the motion, the defendant claimed that probable cause did not exist in support of the warrant and that any evidence seized during the search, therefore, was inadmissible as fruit of an illegal search. The court denied the motion to suppress. The defendant now claims that the court’s ruling was improper because the information contained in the application was insufficient to support a finding of probable cause.
“Whether the court properly found that the facts submitted were enough to support a finding of probable
“Probable cause to search exists if: (1) there is probable cause to believe that the particular items sought to be seized are connected with criminal activity or will assist in a particular apprehension or conviction . . . and (2) there is probable cause to believe that the items sought to be seized will be found in the place to be searched. ... In determining the existence of probable cause to search, the issuing [judge] assesses all of the information set forth in the warrant affidavit and should make a practical, nontechnical decision whether . . . there is a fair probability that contraband or evidence of a crime will be found in a particular place. . . . We view the information in the affidavit in the light most favorable to upholding the [issuing judge’s]
The defendant argues in his brief: “[T]here was no probable cause to believe that the items enumerated by the officers [in the warr ant application] were associated with criminal activity, and there was no probable cause to believe that the items named would be found in the place to be searched. The causal connection between the threats made [by the defendant] and the items believed to be in the defendant’s possession does not exist. The facts, as explained by the officers, do little to reasonably persuade an impartial and reasonable mind that probable cause exists. The facts, rather, give way to suspicion and conjecture.”
First, we conclude that probable cause existed with respect to objects such as weapons, firearms or restraints. The affidavit contained allegations that the defendant, having asked the three boys to accompany him in his van, threatened to “kill” each of them if they did not acquiesce to his request. It was not unreasonable to conclude that, at the time that the defendant made these threats, he possessed a weapon or firearm that would have enabled him to carry them out. Such evidence would certainly have been connected to the defendant’s criminal activity, would have assisted in the defendant’s conviction and would have been found in the place to be searched.
There is probable cause that these items were related to criminal activity and would have assisted in the defendant’s conviction. The facts alleged were that the defendant wanted the boys to get into his van and wanted to take them somewhere away from their home. The facts alleged in the affidavit, including the circumstances surrounding the defendant’s prior arrest, created a reasonable suspicion that there was a sexual motive underlying the defendant’s unusual conduct. The affidavit also related Catania’s observation of a bed, computer and camera equipment in the back of the van. On the basis of these facts, probable cause existed that these items would have provided evidence of the defendant’s motive and were connected to the alleged criminal activity for which the defendant was arrested.
Third, we conclude that probable cause existed with regard to lures, which include toys, books, computer
II
The defendant next claims that the court improperly admitted into evidence the items seized from his van. We disagree.
At trial, the state offered these items “in regards to [the defendant’s] motive, in regards to his intent, and in regards to his state of mind” at the time of the incident. The defendant objected on the grounds that these items did not have any probative value, that he did not use any of these items in his interaction with the three boys and that the prejudicial value of certain of these items was great. The court admitted the items into evidence, noting that although some of the items were “extremely prejudicial,” such prejudice was outweighed by the items’ high probative value with regard to the defendant’s motive, intent and state of mind.
The issue with regard to the disputed evidence is twofold. We must determine if the court abused its discretion in determining, first, that the evidence was
“Although relevant, evidence may be excluded by the trial court if the court determines that the prejudicial effect of the evidence outweighs its probative value. ... Of course, [a]ll adverse evidence is damaging to one’s case, but it is inadmissible only if it creates undue prejudice so that it threatens an injustice were it to be admitted. . . . The test for determining whether evidence is unduly prejudicial is not whether it is damaging to the defendant but whether it will improperly arouse the emotions of the jury. . . . The trial court . . . must determine whether the adverse impact of the challenged evidence outweighs its probative value. . . . Finally, [t]he trial court’s discretionary determination that the probative value of evidence is not outweighed
A
First, the defendant challenges the admission of thirty-four pages of typewritten material authored by him. In these writings, reasonably viewed as the defendant’s journal, the defendant detailed many of his dreams, beliefs and aspirations. The topics are varied, but a central theme in the journal is the defendant’s desire to engage in sexual relationships with boys as young as four years old. The journal is replete with graphically detailed descriptions of sexual encounters between the defendant and young boys. The defendant portrayed some of these encounters as past events, others as dreams and others as something to which he aspired and would work to make a reality.
The court did not abuse its discretion when it determined that the journal had probative value. The journal was compelling circumstantial evidence of the defendant’s motive in approaching the victims in this case and in determining whether the defendant acted in the manner alleged by his victims and charged by the state. One of the central themes of the journal is, in itself, telling. This theme is the defendant’s obsession with
The defendant specifically discusses his goal of finding boys who are alone or who spend time with him at their parents’ request. He also discusses coming upon young boys in public places and engaging in sexual activities with them. In one passage, the defendant writes about a sexual encounter with a young boy, who is not wearing a shirt, whom he found at a public beach. In yet another passage, the defendant describes seeing and being sexually attracted to “pretty wild bare chested little boys . . . .” The defendant describes his van, which he calls his “van sex temple.” The defendant also writes about sexual encounters between himself and boys on the bed in his van. Further, the defendant writes about filming and photographing his sexual encounters with boys.
These written thoughts and desires are circumstantially relevant to the defendant’s actions on October 16, 2000. Contrary to the defendant’s assertions, the fact that he wrote extensively about his strong desire to “get” young boys and to engage in sexual activities with them was relevant to the jury’s consideration of the charges against him. It was compelling evidence of why he acted as he did. Further, the journal depicts a state of mind that specifically relates to the facts and circumstances of this case. For example, in the journal, the defendant refers to his encountering boys who are the same age as one or more of the victims in this case and his strong sexual desire for such boys, the defendant’s
The defendant argues that the writings concerned a “taboo or disturbing” subject matter and improperly aroused the jury’s emotions.
Apart from his claim that the court abused its discretion in admitting the journal into evidence, the defendant claims that permitting the prosecutor to read the journal aloud “highlighted the evidence and called undue attention to it.” The defendant argues that “[g]iven the graphic nature of the [journal], having the pages read to the jury placed an unnecessary emphasis on the words contained therein and prejudiced the jury in making its deliberations.”
B
The defendant next claims that the court improperly admitted the photographs seized from his van. The record reflects that the state introduced one exhibit, which consisted of approximately seventy-one separate photographs depicting boys in various poses, and another six exhibits, all of which consisted of photographs of nude boys. All of these photographs appear to have been downloaded from Internet web sites, and the defendant concedes in his brief that he printed these photographs from the Internet. Many of the images are in color and are printed on heavy paper. Most of the photographs contain Internet web addresses and some contain captions.
Apart from the six photographs depicting nude boys, the other photographs depict boys in various poses and states of undress. The exhibit contains photographs of boys in their underwear, photographs of partially
The defendant objected to the admission of these exhibits, arguing, as he does on appeal, that they lacked any probative value. The defendant argues that he did not take these photographs and that the photographs do not depict either the victims or the area in which the defendant was arrested. The defendant also argues that he did not illegally possess these photographs and that these photographs did not depict “lewd characterizations or sexual content.” In contrast, however, the defendant simultaneously argues that the subject matter of these photographs was highly prejudicial. As the defendant admits, he does not contest “that the photographs . . . are not sexually explicit in any manner
We conclude that the court’s admission of these photographs reflected a sound exercise of discretion. The probative value of these photographs becomes obvious when the photographs are viewed in conjunction with the defendant’s journal and the charges against him. The court admitted these exhibits into evidence solely on the issue of the defendant’s motive and intent and so instructed the jury.
Having discussed the probative value of these photographs, we also reject the defendant’s claim that the court should have excluded these photographs because they “greatly” prejudiced the defendant. The defendant does not support his claim that these exhibits were of such a nature as to be unduly prejudicial. In fact, the defendant argues that these photographs are neither lewd nor sexually explicit. The jury was free to draw whatever reasonable inferences from this evidence, with regard to the defendant’s motive, as it saw fit. This evidence may have been adverse to the defendant’s case, but we do not conclude that it was unduly prejudicial to the defendant’s case.
C
The defendant also claims that the court improperly admitted into evidence a portable lamp with a 250 watt bulb, a disposable 35mm camera that was still in its packaging, many sheets of stickers,
The defendant objected at trial to the admission of these items. He argues that these items lacked probative
We conclude that the court properly exercised its discretion in admitting these items into evidence solely on the issue of the defendant’s motive.
The jury reasonably could have determined that the lamp and camera are relevant in light of the defendant’s desire, expressed in his journal, to photograph young boys engaging in sexual encounters with him. The badge and stickers reasonably could be viewed, as the state argues, as evidence of lures that the defendant might employ to attract young boys. The defendant argues that the state did not present any evidence with regard
The defendant’s arguments fail because the court is bound to view this evidence in the light that a rational juror might view it. “The jury is entitled to draw reasonable inferences from the evidence before it and, in performing its function, the jury brings to bear its common sense and experience in the affairs of life.” State v. Koslik, 80 Conn. App. 746, 756, 837 A.2d 813, cert. denied, 268 Conn. 908, 845 A.2d 413 (2004). Expecting the jury to view these items in light of the other evidence presented, the court properly determined that it was relevant to the issue of the defendant’s motive. Further, the defendant has failed to support his argument that the admission of these items was unduly prejudicial to him.
Ill
Finally, the defendant claims that the court improperly denied his motion for a judgment of acquittal with regard to the risk of injury counts. We disagree.
“The standards by which we review claims of insufficient evidence are well established. When reviewing a sufficiency of the evidence claim, our courts apply a two-prong[ed] test. First, we construe the evidence in the light most favorable to sustaining the verdict. Sec
We next define the elements that are integral to the crimes at issue. General Statutes (Rev. to 1999) § 53-21 (a), as amended by Public Acts 2000, No. 00-207, § 6, provides in relevant part: “Any person who (1) wilfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child ... is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child . . . shall be guilty of a class C felony.” The charges against the defendant concern only that part of the statute that prohibits the creation of a situation likely to impair the morals of the victims.
Here, the state specifically charged that the defendant violated the statute by “engaging, enticing, and threatening” the boys. The jury had before it ample evidence of the defendant’s motive and reasonably could have found that the defendant’s motives during the incident were entirely sexual in nature. The jury reasonably could have found that the defendant had engaged, enticed and threatened the boys because he wanted to engage in the sexual behavior with them of the variety amply detailed in his journal. The jury reasonably could have found that the defendant acted unlawfully and wilfully in creating the situation that he did and that in so acting, the defendant created a situation that was likely to be harmful to the boys’ morals.
The fact that the defendant did not actually impair the boys’ morals is of no consequence. The jury, having heard the testimony of J and R, reasonably could have determined that actual impairment was averted by reason of the boys’ actions and responses to the defendant’s enticements and threats. What the statute precludes is the creation of a situation that is likely to impair the morals of a victim younger than sixteen years of age. “Lack of an actual injury to . . . the . . . morals of the victim is irrelevant . . . actual injury is not an element of the offense. . . . [T]he creation of a prohibited situation is sufficient.” (Citation omitted; internal quotation marks omitted.) State v. Davila, 75 Conn. App. 432, 437, 816 A.2d 673, cert. denied, 264
Here, the situation that the defendant created rises to the level of behavior prohibited by the statute. The defendant engaged, enticed and threatened the minor victims. His explicit goal was to get them into his van, away from their parents or guardians. Probative evidence supported a finding that the defendant’s conduct constituted steps toward sexual contact. The jury reasonably could have found that, once inside the van and away from their parents or guardians, the victims surely would have encountered strong sexual advances and behavior by the defendant. The defendant referred to his van as a “sex temple.” He wrote about finding ways to engage in sexual activities with minors, including engaging in such behavior in his van, and graphically described the activities that he wanted to engage in with them. The defendant had a bed in his van, along with a camera and the other items previously described. The jury was entitled to view all of this evidence in light of its common sense and to draw reasonable inferences from this evidence concerning the defendant’s motives. On the basis of the evidence, the jury reasonably could have found that the defendant had created a situation in which he could satisfy his sexual interest in boys and, specifically, these victims, and that he had taken every step possible to fulfill his desires in that regard.
In evaluating whether a situation is likely to impair a victim’s morals, the relevant inquiry, as the court properly instructed the jury, is to evaluate the situation in light of “precepts that are commonly accepted among us as right and decent.” See, e.g., State v. Payne, supra, 40 Conn. App. 13-14 (reiterating that “common sense of the community was an appropriate standard for a jury to apply in order to distinguish innocuous conduct
For the foregoing reasons, we conclude that the court properly denied the defendant’s motion for a judgment of acquittal. The state presented sufficient evidence to support the defendant’s conviction with regard to these charges.
The judgment is affirmed.
In this opinion the other judges concurred.
The court sentenced the defendant to a total effective sentence of nine years incarceration to be followed by fifteen years of special parole.
The defendant claims on appeal that the court admitted all of the items seized from his van as evidence of prior misconduct. “Evidence of other crimes, wrongs or acts of a person is admissible ... to prove intent, iden
Although the defendant mischaracterizes the ground on which the court admitted this evidence, there is some merit to the defendant’s claim that the writings were, in small part, evidence of prior uncharged crimes of the defendant. In the writings, the defendant wrote about at least one sexual relationship that he had engaged in with a boy in Florida. As the rule provides, the court could admit this evidence on the issue of motive. The court clearly indicated to counsel and to the jury that this evidence was to be considered solely on the issue of the defendant’s motive. Accordingly, the court’s admission of this evidence did not violate § 4-5, and we will address the defendant’s claim that the court should have excluded the evidence as being irrelevant and unduly prejudicial.
Having reviewed the journal in its entirety, we conclude that it would serve no useful purpose to set it forth in its entirety in this opinion.
The defendant also argues that the writings were not probative because they reflected mere “dreams and fantasies” and “surely are not of logical thought.” We disagree. Although some passages are written so as to memorialize what the defendant describes as dreams, the writings as a whole concern the same subject matter. The defendant intermingled his descriptions of dreams about sexual encounters with boys with writings about his conscious thoughts and desires about the same topic. As the court aptly noted, the defendant chose to memorialize these dreams concerning his sexual interactions with young boys in writing, and such conduct speaks to the defendant’s state of mind. There is no reason to believe that the jury did not afford to excerpts concerning dreams the weight that it deemed proper.
The court delivered an immediate limiting instruction concerning this evidence. The court stated: “[T]he evidence that has been introduced as having been seized from the defendant’s van has been offered by the state and admitted by the court solely as evidence of the defendant’s motive and intent in enticing the alleged victims to his van, if you find that he, in fact, did so. Such evidence has not been admitted or offered to prove that he, in fact, did try to entice the alleged victims to his van.”
For example, one photograph contains the following caption: “Hi! This is my Boylove site! This site is for Boylovers and Boys! If you aren’t a Boylover. Feel free to visit anyway! There might be something to learn!”
See footnote 5.
Some stickers depict, among other things, trucks, airplanes, boats, castles, unicorns, dragons, birds, whales, panda bears and the planet earth. Other stickers are packaged and labeled as “motivational stickers” and are captioned with phrases including “Enjoy life!” and “Do it now!”
The jury reasonably could have found that the underwear is of a type typically worn by young boys.
See footnote 5.
In a long form information, the state charged, with regard to each of the minor victims, that the defendant “did willfully or unlawfully cause or permit a child under the age of sixteen years ... to be placed in a situation that the morals of such child were likely to be impaired by engaging, enticing, and threatening the minor child in violation of Sec. 53-21 (a) (1) of the Connecticut General Statutes.”