State v. Bonner, No. 17628.
Decision Date | 24 February 2009 |
Docket Number | No. 17628. |
Citation | 290 Conn. 468,964 A.2d 73 |
Court | Connecticut Supreme Court |
Parties | STATE of Connecticut v. Rhondell BONNER. |
Christopher Y. Duby, special public defender, for the appellant (defendant).
John A. East III, senior assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, and Anne Mahoney, senior assistant state's attorney, for the appellee (state).
The defendant, Rhondell Bonner, appeals from the judgment of conviction, rendered after a jury trial, of one count of murder as a principal or accessory in violation of General Statutes §§ 53a-54a and 53a-8, one count of carrying a pistol without a permit in violation of General Statutes § 29-35, and one count of criminal possession of a pistol in violation of General Statutes § 53a-217c. The defendant claims that the trial court improperly (1) denied his motion to dismiss for lack of a speedy trial, (2) denied him his constitutional right to be present at all critical stages of the prosecution because he was not present at various discussions regarding potential conflicts of interest involving the office of the public defender, and (3) admitted the murder weapon and testimony relating to its chain of possession over the defendant's objections on grounds of relevance, prejudice and hearsay. We affirm the judgment of the trial court.
A jury reasonably could have found the following facts. On the night of December 28, 2002, the defendant, his uncle, Calvin King, and four young women were loitering in the lobby of an apartment building located at 37 Cabot Street in Hartford. Several witnesses had observed the defendant and King openly displaying semiautomatic handguns. One of the apartment's residents Annabelle Trimmier, who was well acquainted with the defendant, was disturbed by the noisy crowd in her lobby and ordered the group to leave the building, whereupon they left and began loitering in front of the building.
At approximately 1 a.m. on December 29, 2002, a car operated by the victim, Scott Houle, pulled up to the curb near 41 Cabot Street, where the defendant and King were standing. The victim apparently was seeking to purchase crack cocaine. Moments after the defendant and King approached the victim's car to consummate the transaction, one of the young women, Brittaney Simpson, heard the defendant exclaim, "he's trying to play me," as the victim attempted to drive off without paying for the drugs. At the same time, the defendant and King began firing their handguns rapidly in the direction of the victim's vehicle, riddling it with bullets. The vehicle rolled across the street, over the curb, and came to rest after hitting a fence. The defendant and King fled the scene.
Upon reaching the scene, Hartford police found the victim slumped over in the driver's seat of his car. There were numerous bullet holes in the vehicle, and the rear window had been shattered. The victim had been shot seven times and was pronounced dead at the scene. The medical examiner determined that the victim's death was caused by gunshot wounds to the head and chest, and that it was a homicide.
An investigation of the incident led to the defendant's arrest on March 28, 2003. He subsequently was charged with murder as a principal or accessory, conspiracy to commit murder, carrying a pistol without a permit and criminal possession of a pistol. The defendant was arraigned on March 31, 2003, and bond was set at $1 million. Following a hearing conducted on May 12 and 15, 2003, the court found probable cause to believe that the defendant had committed the offenses with which he had been charged. After various proceedings and delays lasting more than two years, the defendant's trial commenced on November 1, 2005. On November 11, 2005, the jury returned a verdict, finding the defendant guilty on all counts except the conspiracy count. On January 19, 2006, the defendant was sentenced to a total effective sentence of fifty-five years imprisonment. This appeal followed. Additional facts will be set forth as necessary.
The defendant raises three distinct issues on appeal. We will address each issue separately.
The defendant first claims that the trial court improperly denied his motion to dismiss for lack of a speedy trial, in violation of his rights under the federal and state constitutions.1 The state argues that the court's denial of the defendant's motion to dismiss was proper because his speedy trial motion was premature. We conclude that the trial court properly declined to dismiss the case on speedy trial grounds.
The record discloses the following additional facts that are relevant to this issue. On October 22, 2004, the defendant filed a motion for a speedy trial pursuant to Practice Book § 43-39 et seq.2 The court held a hearing on the defendant's motion on October 27, 2004. At the hearing, the following colloquy occurred:
Given an opportunity to respond, defense counsel made the following statement: The court ruled that,
The trial court addressed its reasons for denying the defendant's motion for a speedy trial on several subsequent occasions. On December 3, 2004, the court held a hearing in which it continued the defendant's case until January 19, 2005, pending the probable cause hearing of King, a potential codefendant. At the close of that hearing, the following colloquy occurred:
At the January 19, 2005 hearing, the defendant himself asked the trial court why his speedy trial motion of October 22, 2004, was denied. The following colloquy occurred:
Later in the same hearing, the assistant state's attorney sought to clarify the record with respect to the excludable time:
On September 2, 2005, the defendant filed a second motion for a speedy trial, as well as a motion to dismiss on the basis of the court's denial of his initial speedy trial motion of October 22, 2004. The trial court held a hearing on these motions on September 14, 2005. At that hearing, the following colloquy occurred:
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...of law and fact state a cause of action that should be heard by the court.” (Internal quotation marks omitted.) State v. Bonner, 290 Conn. 468, 477–78, 964 A.2d 73 (2009). “[This court's] review of the trial court's ultimate legal conclusion and resulting [denial] of the motion to dismiss w......
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