State v. Stenner

917 A.2d 28

281 Conn. 742

STATE of Connecticut v. Jeffrey STENNER.

No. 17164.

Supreme Court of Connecticut.

Argued November 22, 2006.

Decided March 27, 2007.

Conrad Ost Seifert, special public defender, for the appellant (defendant).

Rita M. Shair, senior assistant state's attorney, with whom, on the brief, was Scott J. Murphy, state's attorney, for the appellee (state).

BORDEN, NORCOTT, KATZ, PALMER and VERTEFEUILLE, Js.

BORDEN, J.

The defendant, Jeffrey Stenner, directly appeals to this court from the judgment of the trial court convicting him of murder.¹ He claims that the trial court (1) abused its discretion by admitting evidence of the defendant's participation in another crime; (2) violated the defendant's federal constitutional right to confrontation by admitting hearsay statements of a coconspirator; and (3) violated the defendant's state constitutional right to counsel by admitting an inculpatory statement of the defendant. We affirm the judgment of the trial court.

In a single count information, the defendant was charged with murder in violation of General Statutes §§ 53a-54a² and 53a-8.³ Prior to trial, the defendant moved to exclude evidence of his role in two armored truck robberies, in which the victim, Robert Schmidt, also was involved, based upon the argument that the prejudicial effect of the evidence would substantially outweigh its probative value. Based upon the same argument, the defendant also moved, in limine, to exclude certain testimony by a coconspirator concerning the hearsay statements of a codefendant, Scott Cancel. Finally, on the eve of trial, the defendant moved to suppress a written statement that he had given to members of the Southington police department, on the ground that the statement had been obtained in violation of his sixth amendment right to counsel. The trial court deferred its decision on the defendant's pretrial motion to exclude evidence of the robberies, but ultimately admitted, over the defendant's renewed objection, testimony about the defendant's participation in the crimes. The trial court also admitted Cancel's hearsay, over the renewed objection of the defendant, during the state's case-in-chief, and the court denied the defendant's motion to suppress the defendant's statement to the police. The jury subsequently found the defendant guilty of murder. The trial court rendered a judgment of conviction in accordance with the jury's verdict and sentenced the defendant to life imprisonment pursuant to General Statutes § 53a-35b.⁴ This appeal followed.

The jury reasonably could have found the following facts. In 1985, the defendant a former banker, met and befriended Schmidt in Canton at Zindies, a bar owned by the defendant. Schmidt briefly worked for the defendant but the defendant fired Schmidt after catching him using cocaine, and the two parted ways. They became reacquainted in the spring of 1987 at the defendant's New Britain place of business, Banquer's restaurant. Once again, the defendant hired Schmidt, first as a part-time doorman and bartender, and eventually as a full-time, all-purpose employee. The defendant also hired Perfecto Valle as a cook, and, in 1987, the defendant, Schmidt and Valle orchestrated the robbery of an armored truck.⁵ At that time, Schmidt was working as a guard for the armored truck company and was the operation's "inside man." The trio stole more than $1 million, some of which the men shared, but the bulk of which went to run the defendant's fledgling New Britain restaurant.

At the defendant's urging, Schmidt took out a $100,000 life insurance policy in September, 1987. By September, 1988, however, the policy was on the verge of lapsing and, on the advice of his insurance agent, the defendant paid the premium on the policy and converted it into a "key man" policy.⁶ At that time, Schmidt named the defendant as the beneficiary. Around the same time, the defendant, disappointed by Schmidt's increasingly disheveled appearance and lax attitude, demoted Schmidt from his full-time job to a part-time one. Nevertheless, the duo planned and executed a second armored truck robbery that same year, and in the spring of 1989, they started a lawn care business together. By December of that year, however, the relationship had soured further, after the defendant again became dissatisfied with Schmidt's work performance. The defendant also refused Schmidt's requests to help with his rent and to borrow the defendant's truck from his landscaping business.

In addition, the defendant learned that Schmidt had discussed the first armored truck robbery with individuals not privy to that crime. He also learned that the Federal Bureau of Investigation (FBI) had interviewed employees of Banquer's restaurant, including Schmidt, in the course of its investigation of the armored truck robberies. The defendant thought, incorrectly, that Schmidt had been serving as an informant for narcotics officers of the New Britain police department. As a result, the defendant was, as he testified, concerned about Schmidt's "proclivity to talk too much . . . ." According to Valle, the defendant said that he would "take care of it." To do so, the defendant turned to Cancel, whom the defendant had met at a gym. Cancel organized a group of men, including John Grzeszczyk, Gilberto Delgado and Salvatore Zampi, to plan Schmidt's murder.⁷ Cancel initially told the group only that somebody had a problem with an individual, whom that person wanted "out of the way," and that the team would be financially compensated. Approximately two weeks before the murder of Schmidt, Cancel specifically stated that it was the defendant who wanted somebody killed and that the defendant would pay to have this done. He later informed the men of the identity of Schmidt, whom Cancel did not, himself, know and toward whom he had no particular animosity.

On the evening of December 19, 1989, Cancel and Grzeszczyk met the defendant and Schmidt at Banquer's restaurant. The defendant asked Schmidt to help Cancel and Grzeszczyk with an errand. He agreed, and Cancel and Grzeszczyk then left the restaurant, informing Schmidt that they would return later to pick him up. As promised, Grzeszczyk arrived at the restaurant later that night, accompanied this time by Delgado. Grzeszczyk, Delgado and Schmidt then proceeded to Schmidt's car. Grzeszczyk sat in the driver's seat, Schmidt sat in the front passenger seat, and Delgado sat behind Schmidt. While on route to their fictitious destination, Delgado strangled Schmidt with a rope. At the same time, Grzeszczyk repeatedly hit Schmidt in the head, in an apparent effort to push him back in the seat. After killing him, Grzeszczyk and Delgado dumped Schmidt's body on the side of a snow bank near the Bethel Church in Southington. Thereafter, they returned to New Britain, where they left Schmidt's car in the parking lot of Banquer's restaurant. They then met with Cancel and Zampi, who destroyed the clothing of Grzeszczyk and Delgado, to discuss the murder.

Early the next morning, the pastor of Bethel Church discovered Schmidt's body. The state medical examiner's office determined that Schmidt had died of asphyxiation from strangulation and that he had suffered a puncture wound to the forehead.⁸ That same day, the defendant notified his insurance agent of Schmidt's death and confirmed that the key man policy on Schmidt was in force. Approximately one or two weeks later, Cancel paid Grzeszczyk and Delgado each $1000 with money he had received from the defendant. Shortly thereafter, the defendant again contacted his insurance agent regarding Schmidt's $100,000 life insurance policy, stating that his restaurant was encountering financial troubles and intimating that he was anxious to collect the policy's proceeds.

The effort of the police to identify Schmidt led them to the defendant, who, on December 20, 1989, identified Schmidt's body and gave a statement regarding his interactions with Schmidt on the night of the murder. Two days later, the police again interviewed the defendant, who provided a written statement. The police and the FBI discussed the possibility of a connection between the armored truck robberies and the murder. Although the police recovered thirteen latent fingerprints from Schmidt's automobile, at the time, the laboratory was unable positively to identify any of the prints, and the police were unable to solve the murder.

In 1995, the state forensics laboratory acquired an automated fingerprint identification system. Subsequent to that acquisition, the Southington police department requested that the state forensics laboratory evaluate the latent fingerprints obtained in their investigation. In 2001, that investigation matched the fingerprints recovered from Schmidt's car with those of Grzeszczyk. After multiple interviews, Grzeszczyk confessed his role in Schmidt's murder and implicated the defendant, Cancel, Zampi and Delgado, all of whom subsequently were charged in connection with Schmidt's murder. See State v. Cancel, 275 Conn. 1, 5, 878 A.2d 1103 (2005). Grzeszczyk and Delgado both testified against the defendant at his trial, which also included testimony from various law enforcement officials, forensic experts and other witnesses, including the defendant's former wife. Additional facts and procedural history will be set forth as necessary.

I

We turn first to the defendant's claim that the trial court improperly admitted evidence regarding the defendant's involvement in the 1987 and 1988 armored truck robberies. Specifically, the defendant contends that the trial court abused its discretion by allowing extensive testimony regarding the robberies, resulting in prejudice to him. We disagree.

The following additional facts are relevant to this claim. The defendant filed two motions in limine objecting to the introduction of his criminal record as it pertained to the two robberies and to details of the facts and circumstances ...