State v. Jones
| Decision Date | 13 March 2007 |
| Docket Number | No. 17613.,17613. |
| Citation | 916 A.2d 17,281 Conn. 613 |
| Court | Connecticut Supreme Court |
| Parties | STATE of Connecticut v. Jermaine JONES. |
Jeremiah Donovan, special public defender, for the appellant (defendant).
Julia K. Conlin, assistant state's attorney, with whom, on the brief, were John A. Connelly, state's attorney, and Robin Lipsky and Amy Sedensky, assistant state's attorneys, for the appellee (state).
BORDEN, NORCOTT, KATZ, PALMER and VERTEFEUILLE, Js.
The defendant, Jermaine Jones, was charged with one count of murder in violation of General Statutes § 53a-54a and one count of criminal possession of a firearm in violation of General Statutes § 53a-217 (a)(1). The trial court granted the defendant's motion to sever the two counts, and the defendant elected a jury trial on the murder charge and a bench trial on the firearm charge. Thereafter, a jury found the defendant guilty of murder and the trial court found the defendant guilty of criminal possession of a firearm.1 The trial court rendered judgment thereon,2 and the defendant appealed. On appeal,3 the defendant claims that the trial court improperly (1) ordered him removed from the courtroom during trial, (2) denied his request to represent himself, and (3) denied his motion to suppress his confession. We reject these claims and, accordingly, affirm the judgment of the trial court.
The state adduced the following facts at trial. In June, 2001, the defendant was residing in Hartford with his girlfriend, Erica Minnifield. At that time, the couple was not getting along because the defendant thought that Minnifield was too flirtatious with other men.
On the afternoon of June 22, 2001, the defendant and Minnifield traveled together to Waterbury to visit friends and family. They parted ways, however, immediately upon arriving there. After stopping at her mother's house, Minnifield went to a local mall with the victim, Thomas Williams, whom she had met the week before, and purchased several new outfits. That evening, the defendant saw Minnifield outside a local bar wearing one of the new outfits and immediately suspected that another man had purchased the outfit for her. The defendant confronted Minnifield about his suspicions, and an argument ensued.
Later that evening, the couple received a ride back to Hartford from a friend, Theo Byrd. On the ride home, the defendant, who was seated in the front passenger seat of Byrd's car, again confronted Minnifield, who was in the backseat, about her new clothing. The argument became violent when the defendant reached into the backseat and began to hit Minnifield. During the altercation, the defendant, who was holding a knife, cut Minnifield on her right arm. As soon as they arrived home in Hartford, Minnifield bolted from the car and ran into a neighbor's yard. The defendant found her there and dragged her, kicking and screaming, into the couple's house. Once inside the house, the defendant began cutting Minnifield's pants from her body with the same knife that he had used in his earlier assault on her. The following morning, while the defendant was still asleep, Minnifield fled to her mother's home in Waterbury.
That evening, the defendant was riding around Waterbury in a car driven by a friend, David Jackson, when Minnifield and the victim drove by in the victim's car. Upon observing Minnifield with the victim, the defendant became very angry and jealous. Later that evening, the defendant again saw Minnifield and the victim riding in the victim's car.
Jackson eventually dropped off the defendant, who met up with Byrd. The defendant and Byrd proceeded to drive around Waterbury in Byrd's car. Eventually, the two men saw the victim's car parked on Elmwood Avenue. Byrd stopped his car, and the defendant got out. As the defendant exited the vehicle, he reached into his jacket pocket and cocked the hammer of a .45 caliber semi-automatic handgun that he had concealed there. The victim, who was approaching his own car, greeted the defendant, and the defendant responded, "[Y]o, you gonna stop fucking around with my girl?" The victim laughed and asked the defendant what he meant. The defendant told him that he was not playing around and that the next time he saw him with Minnifield, he was going to kill him. The defendant then removed the handgun from his jacket. Upon seeing the weapon, the victim became scared and put his car into reverse. The defendant aimed the gun at the victim and shot him four times, mortally wounding him. Additional facts will be set forth as necessary.
The defendant first claims that the trial court improperly removed him from the courtroom on the second day of trial in violation of his right of confrontation guaranteed under the sixth and fourteenth amendments to the United States constitution.4 The defendant's claim is twofold: first, before ordering that the defendant be removed from the courtroom, the trial court improperly failed to warn him that his disruptive conduct could result in his removal; and second, the trial court improperly refused to permit the defendant to return to the courtroom despite the defendant's expressed willingness to conduct himself appropriately. We reject the defendant's claim.5
The following additional facts and procedural history are relevant to our resolution of this claim. Alan D. McWhirter, the chief public defender for the judicial district of Waterbury, was appointed to represent the defendant following his arrest for the victim's murder.6 Not long after McWhirter's appointment, however, the defendant became dissatisfied with McWhirter and, on several occasions, sought to have him removed from the case. In particular, on January 30, 2002, the defendant complained to the trial court, Damiani, J., that McWhirter had failed to file motions on his behalf and was not preparing a defense. The trial court explained to the defendant that McWhirter was an experienced and able trial attorney and that, if the court dismissed McWhirter, the defendant would have to hire a private attorney because he was not entitled to the appointment of a different public defender. The court then gave the defendant an opportunity to consult with McWhirter outside the courtroom, which appeared to alleviate the defendant's concerns.
On June 11, 2002, the defendant filed a motion to dismiss McWhirter. A hearing on the motion was held on July 2, 2002, at which time the defendant complained that, among other things, McWhirter had not returned his telephone calls and had refused to file motions that the defendant had instructed him to file. McWhirter responded that, in fact, he and the defendant had had a great deal of contact, that he had arranged for the defendant to call him at his office at prearranged times, and that the public defender's office was actively investigating the defendant's case. At the conclusion of the hearing, and after McWhirter had spoken to the defendant, the trial court, Damiani, J., marked the defendant's motion to dismiss counsel as withdrawn without prejudice.
A little more than one week later, however, on July 11, 2002, the defendant again expressed dissatisfaction with McWhirter, stating in a letter to the court: (Internal quotation marks omitted.) In response to the defendant's letter, the trial court, Damiani, J., held another hearing on July 24, 2002. At that time, the defendant stated, among other things, that he was upset because McWhirter had refused to file a motion to dismiss. The trial court explained to the defendant that defense counsel had no basis on which to file such a motion and told the defendant to speak to McWhirter to resolve any problems that the defendant might have. The defendant agreed and the hearing concluded.
Although represented by counsel, the defendant persisted in personally filing numerous motions throughout the course of the proceedings.7 In addition, at virtually every court appearance, notwithstanding the presence of defense counsel, the defendant argued with the trial court over points of law and regularly attempted to reargue issues that already had been ruled on.
One of the motions that the defendant filed himself was a motion for a speedy trial. At a hearing on April 2, 2003, the trial court, Iannotti, J., informed the defendant that it would not recognize his pro se motion for a speedy trial because he was represented by counsel. The defendant responded that he wished to file an "[e]mergency" motion to dismiss counsel. The defendant also asked why the court could not appoint a new attorney for him. The court responded that the office of the public defender had selected McWhirter to represent him and the court could not interfere with that decision. The trial court further advised the defendant that it would be a mistake for him to proceed pro se and offered to give him ample time to hire substitute counsel, if he wished to do so. The defendant responded, among other things, that the court was "throwing [him] to the wolves." The defendant then asked the court whether the state might offer him a deal or whether he would be forced to go to trial. The court responded that a resolution of the case might be possible and asked the state's attorney and defense counsel whether there had been any plea negotiations. Defense counsel responded that the state had made an offer to the defendant but that the defendant had rejected it. Thereafter, the following colloquy ensued:
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