State v. Gaines

• Decision Date: 27 December 1994
• Docket Number: No. 12724,12724
• Citation: 651 A.2d 1297,36 Conn.App. 454
• Court: Connecticut Court of Appeals
• Parties: STATE of Connecticut v. Robert GAINES.

Page 1297

651 A.2d 1297

36 Conn.App. 454

STATE of Connecticut v. Robert GAINES.

No. 12724.

Appellate Court of Connecticut.

Argued Sept. 26, 1994.

Decided Dec. 27, 1994.

Richard S. Cramer, Wethersfield, for appellant (defendant).

Kevin T. Kane, Asst. State's Atty., with whom, on the brief, was C. Robert Satti, Sr., State's Atty., for appellee (State).

Before DUPONT, C.J., and SCHALLER and SPEAR, JJ.

SPEAR, Judge.

The defendant appeals from a judgment of conviction of conspiracy to commit arson in the first degree in violation of General Statutes §§ 53a-48 ¹ and 53a-111(a)(3) and (4), ² and arson in the first degree as an accessory in violation of General Statutes §§ 53a-8 ³ and 53a-111(a)(3) and (4). On appeal, he claims that the trial court improperly (1) denied his motion for judgment of acquittal because the state failed to produce sufficient evidence to establish beyond a reasonable doubt that Steven Pappas had started a fire or in the alternative had caused an explosion within the meaning of § 53a-111, (2) admitted the testimony of Dan Lewis, president of Pequot Insurance Agency, regarding whether the additional fire insurance premium had been paid, and (3) denied his motion to suppress tape-recorded conversations between the defendant and his nephew, Larry Anglin. We affirm the trial court's judgment.

The jury reasonably could have found the following facts. The defendant leased property located on Route 156 in Old Lyme for the purpose of operating a restaurant named Swordfish Sally's. The restaurant opened on June 10, 1988, but closed after a few weeks. The defendant had purchased fire insurance coverage in the amount of $250,000 on the building and $75,000 on its contents effective May 31, 1988. On June 24, 1988, he increased the coverage on the building to $350,000.

The defendant offered his nephew, Larry Anglin, $35,000 to burn down the restaurant and Anglin in turn arranged for Steven Pappas, an employee of the restaurant, to set the fire. On the morning of June 30, 1988, Anglin and Pappas filled six containers with gasoline and hid them in the restaurant. Later that night, Pappas returned and spread the gasoline in various areas of the restaurant. Although Pappas intended to ignite the gasoline, the vapors ignited spontaneously before he had a chance to do so. The restaurant was destroyed by the resulting fire.

Pappas and Anglin were arrested and charged for their participation in the fire. Pappas pleaded guilty, and Anglin was found guilty after a trial. After his conviction, Anglin cooperated with the police in their investigation of the defendant. Anglin agreed to speak to the defendant, who had not been arrested or charged, and to allow his conversations to be recorded. Anglin taped five telephone conversations ⁴ with the defendant. In the course of these conversations, the defendant made inculpatory statements. The trial court denied the defendant's motion to suppress the tapes and admitted them into evidence at the defendant's trial.

I

The defendant first claims that the trial court improperly denied his motion for judgment of acquittal. In support of this claim, the defendant asserts that the state failed to produce sufficient evidence to establish beyond a reasonable doubt that Pappas either started a fire or caused an explosion within the meaning of General Statutes § 53a-111. We disagree.

In reviewing a sufficiency of the evidence claim, we apply a two part test. "First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt." (Internal quotation marks omitted.) State v. Greenfield, 228 Conn. 62, 76, 634 A.2d 879 (1993), quoting State v. Traficonda, 223 Conn. 273, 278, 612 A.2d 45 (1992). To convict a defendant of arson, the state must prove beyond a reasonable doubt that the defendant possessed the specific intent to destroy or damage a building by starting a fire or causing an explosion. The defendant maintains that the state failed to introduce sufficient evidence that Pappas either started a fire or caused an explosion within the meaning of § 53a-111.

We conclude from our review that there was sufficient evidence from which the jury could have reasonably inferred that Pappas started a fire or caused an explosion. We have repeatedly held that statutory language is to be given its plain and ordinary meaning. Mazur v. Blum, 184 Conn. 116, 118, 441 A.2d 65 (1981); Glastonbury Education Assn. v. Freedom of Information Commission, 35 Conn.App. 111, 117, 643 A.2d 1320, cert. granted on other grounds, 231 Conn. 922, 648 A.2d 162 (1994). "It is appropriate for us to look at dictionary definitions in order to clarify the ordinary meaning of various terms." State v. Domian, 35 Conn.App. 714, 724, 646 A.2d 940 (1994). Webster's Third New International Dictionary (1966) defines "start" as "to begin an activity or undertaking ... to bring into being: initiate, originate." Given Pappas' clear intent, his actions in carrying out that intent and the plain, common sense meaning of the statutory language, the jury reasonably could have found that Pappas indeed started the fire.

"Explosion" is defined by Webster's Third New International Dictionary (1966) as "a violent expansion or bursting that is accompanied by noise and is caused by a sudden release of energy from a very rapid chemical reaction." At trial, Pappas testified that he poured six cans of gasoline throughout the interior of the restaurant. After he had finished spreading the contents of the sixth can, he heard a whooshing sound, and the restaurant spontaneously caught on fire. ⁵ It was reasonable for the jury to infer from Pappas' testimony that the fire resulted from the gasoline vapors igniting into a sudden burst of energy that produced the whooshing sound that Pappas described. In light of Pappas' testimony, it was reasonable for the jury to have concluded beyond a reasonable doubt that Pappas caused an explosion.

"It is true that penal statutes are to be construed strictly and not extended by implication to create liability which no language of the act purports to create.... On the other hand, [t]he rule of strict construction does not require that the narrowest technical meaning be given to the words employed in a criminal statute in disregard of their context and in frustration of the obvious legislative intent." (Citations omitted; internal quotation marks omitted.) State v. Roque, 190 Conn. 143, 151, 460 A.2d 26 (1983); see Singh v. Singh, 213 Conn. 637, 646, 569 A.2d 1112 (1990).

Were we to accept the defendant's argument that Pappas' actions did not cause an explosion or start a fire, we would be interpreting the statute in such a narrow manner that the legislative intent would be thwarted. ⁶ The defendant cannot prevail on his sufficiency claim.

II

The defendant next claims that the trial court improperly admitted Lewis' testimony into evidence. He argues that Lewis, president of Pequot Insurance Agency, should not have been allowed to testify that he did not believe the premium payments for the additional fire insurance had been paid.

Our Supreme Court and this court have consistently held that an issue that is not adequately briefed will not be addressed on appellate review. See Latham & Associates, Inc. v. William Raveis Real Estate, Inc., 218 Conn. 297, 300, 589 A.2d 337 (1991); Cohen v. Security Title & Guaranty Co., 212 Conn. 436, 437 n. 1, 562 A.2d 510 (1989); Isaac v. Mount Sinai Hospital, 210 Conn. 721, 732, 557 A.2d 116 (1989); New Haven Firebird Society v. Board of Fire Commissioners, 32 Conn.App. 585, 591, 630 A.2d 131, cert. denied, 228 Conn. 902, 634 A.2d 295 (1993). As this issue involves an evidentiary ruling, the defendant has the burden of showing, not only that the ruling was erroneous, but also, that it is more probable than not that the error affected the result. See State v. Campbell, 225 Conn. 650, 657, 626 A.2d 287 (1993). In his brief, the defendant fails to offer any legal argument or authority in support of his claim that the testimony should not have been admitted. "Assignments of error which are merely mentioned but not briefed beyond a statement of the claim will be deemed abandoned and will not be reviewed...." (Citations omitted; internal quotation marks omitted.) Cohen v. Security Title & Guaranty Co., supra, at 437 n. 1, 562 A.2d 510. Given that the defendant did not adequately brief this issue we decline to review it.

III

The defendant's final claim is that the trial court improperly admitted tape-recorded conversations between the defendant and Anglin. On appeal, the defendant argues that the conversations should have been suppressed because they were made after the defendant had announced he had retained counsel, and therefore were made in violation of the Rules of Professional Conduct. We disagree.

The following additional facts are necessary to resolve this issue. Anglin agreed to allow his conversations with the defendant to be tape-recorded and relayed to the investigators. At that time, the defendant was considered a suspect, but had not been arrested or charged with any crime. Anglin recorded five telephone conversations with the defendant beginning on September 9, 1991. The first telephone conversation with the defendant was relayed to Agent Thomas Viens, an inspector with the division of criminal justice. On September 13, 1991, Viens questioned the defendant regarding a third party's involvement with the arson at Swordfish Sally's. At this meeting, the...