210 Conn. 619 | Conn. | 1989
The defendant, Tracy Fisher, was charged in a substitute information with the crimes of murder in violation of General Statutes § 53a-54a (a),
At trial, a written statement of the defendant given to Hartford police officers on June 9,1987, was admitted into evidence. Although generally exculpatory, it placed the defendant near the scene of the crime in the company of Walker on the evening of May 12, 1987, and also indicated that he was associated with Walker
After a hearing on the defendant’s motion to suppress his written statement, the trial court found that the state had proved by a preponderance of the evidence that the statement had been given by the defendant “knowingly and intelligently, after a voluntary waiver and advisement of his rights under Miranda.” It, therefore, denied the defendant’s motion. We find no error. While we agree with the trial court and have examined its findings of fact, “our usual deference to factfinding by the trial court is qualified, on questions of this nature, by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” State v. Harris, 188 Conn. 574, 580, 452 A.2d 634 (1982), cert. denied, 460 U.S. 1089, 103 S. Ct. 1785, 76 L. Ed. 2d 354 (1983); State v. Pellegrino, 194 Conn. 279, 288-89, 480 A.2d 537 (1984); see also State v. Shifflett, 199 Conn. 718, 729, 508 A.2d 748 (1986); State v. Carey, 13 Conn. App. 69, 73, 534 A.2d 1234 (1987).
From the record it is evident the trial court could reasonably have found the following facts. The defendant was twenty-eight years old, had completed the eleventh grade at Weaver High School and could read and write English; he had been arrested approximately thirty-one times between 1974 and 1987; and he had been advised
Thereafter, on or about May 19, 1987, Dakin went to see the defendant at the Morgan Street detention center. There the defendant indicated that he wished to speak to Dakin and signed a correction department form to that effect. Dakin again advised the defendant of his Miranda rights and questioned him concerning his activities on May 12, 1987. In response the defendant gave Dakin an oral statement that included much of the same information that he provided in the contested written statement of June 9, 1987.
Subsequently, on June 8,1987, Dakin received a telephone call from Margaret Johnson, the defendant’s girlfriend, informing him that the defendant, who by then had been arrested for Dixon’s murder and was housed at the Hartford community correctional center, wished to speak to him and “tell the truth.” Consequently, on June 9, 1987, Dakin and his partner, Detective Clyde Mitchell, went to meet with the defendant at the correctional center. There the warden verified that the defendant wished to speak to the detectives and had the defendant sign a correction department “permission form” to that effect.
The state bears the burden of establishing by a fair preponderance of the evidence that the defendant was informed of and understood his rights and thereafter effected a voluntary, knowing and intelligent waiver of those rights. State v. Hernandez, 204 Conn. 377, 395, 528 A.2d 794 (1987); State v. Gray, 200 Conn. 523, 530,
In this case there was evidence that the defendant wished to talk to Dakin and arranged a meeting with him at the correctional center in order to do so. There was also evidence that the defendant could and did read the Miranda rights and the waiver contained in the Hartford police department form presented to him by Dakin at the correctional center. Further, there was evidence that the defendant was given the opportunity to read his statement and did so, initialing each paragraph and signing each page. It is true that before waiving his Miranda rights the defendant was not quizzed to determine the depth of his understanding of those rights or to establish his specific reading grade level. There is, however, no exact “test” to determine whether a defendant has voluntarily, knowingly and intelligently waived his rights. The answer to that question must be gleaned from the facts in each case. United States v. Hayes, 385 F.2d 375, 377 (4th Cir. 1967), cert. denied, 390 U.S. 1006, 88 S. Ct. 1250, 20 L. Ed. 2d 106 (1968); State v. Toste, 198 Conn. 573, 580-81, 504 A.2d 1036 (1986).
The defendant conceded at oral argument that if his written statement was properly admitted at trial there was sufficient evidence to convict him. We agree.
There is no error.
In this opinion the other justices concurred.
General Statutes § 53a-54a (a) provides: “murder defined, affirmative DEFENSES. EVIDENCE OF MENTAL CONDITION. CLASSIFICATION, (a) A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.”
General Statutes § 53a-48 (a) provides: “conspiracy, renunciation. (a) A person is guilty of conspiracy when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them commits an overt act in pursuance of such conspiracy.”
General Statutes § 53a-59 (a) (1) provides: “assault in the first degree: class b pelony. (a) A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument.”
Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).
At trial, the defendant did not contest the admissibility of this conversation or that of May 15, 1987, nor has he challenged the admissibility of those conversations on appeal. See Practice Book §§ 288, 4065.