Posts tagged with "reasonably infer"

Arson Convict Loses His Appeal: Evidence Pointed to Intent to Destroy Building in Suicide Attempt

In a recent criminal law matter, the Appellate Court of Connecticut declined to reverse a defendant’s arson convictions, finding sufficient evidence to establish the essential elements of the crime.

This case arose from an incident that occurred on October 13, 2006. Police responded to the multi-resident apartment building where the defendant lived, following a report that the defendant was threatening to commit suicide. After they arrived, another resident was seen leaving the building because she was “nervous” about the defendant’s conduct. Officers were unsuccessful in communicating with the defendant, who refused to speak with them.

Smoke soon appeared in the building, and though the defendant climbed onto the fire escape, he reentered the building when officers asked him to come down. The fire intensified but responders could not enter the building because they feared for their safety in light of the defendant’s behavior. The defendant fell from a third-story window and was apprehended with effort, and firefighters promptly attempted to suppress the fire. However, a portion of the roof collapsed and they had to exit the building. The fire was eventually put out but nonetheless caused severe structural damage. The fire marshal did not find an accidental cause for the fire and placed its origin in the defendant’s apartment, but was not definitive on the cause.

The defendant was charged with and convicted of two counts of arson in the first degree (under different subsections to address risk of injury to other occupants and the firefighters) and interfering with an officer. On appeal, the defendant argued that the State provided insufficient evidence that he “intentionally started the fire,… specifically intended to destroy or damage the building and… had reason to believe that the building was or may have been occupied or inhabited at the time the fire started.”

Intent is often inferred from circumstantial evidence where direct evidence is lacking. In arson cases, it is permissible to use the lack of evidence that the fire was caused accidentally, in light of other evidence bearing on intent, to infer that the fire was instead intentionally started. In this case, the Appellate Court cited numerous pieces of circumstantial evidence supporting the jury’s findings: the origin of the fire, the fire marshal’s conclusions, the defendant’s destructive emotional instability, and the fact that no one else left the building after the fire began other than the defendant. Therefore, a jury could reasonably infer that the defendant intended to start the fire.

The defendant next argued that his conduct “indicated recklessness or indifference to the damage [the fire] would cause, not specific intent to damage or destroy the building.” However, the Appellate Court was not persuaded, arguing that even if suicide was the primary goal, the jury could reasonably infer that “he intended to damage the building as a means to that goal.” Therefore, as with the previous argument posed by the defendant, this one equally failed.

Finally, the defendant claimed he had no reason to believe anyone else was in the building at the time he started the fire. However, the evidence worked against him: another resident left the building shortly before it was started. At trial, this individual testified that she typically stays home during the daytime. In addition, another resident’s vehicle was located on the scene. Therefore, a jury could reasonably have inferred that “the defendant had reason to believe that one or more tenants may have been in the building during the incident.” Therefore, the Appellate Court affirmed the judgment.

When faced with a charge of arson, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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Perpetrator Not “Beamed There By Martians” – Court Upholds Defendant’s Accessory Conviction

In a recent criminal law matter, the Appellate Court of Connecticut rejected a defendant’s claim that the State presented insufficient evidence that she participated in a plot to steal nearly a quarter of a million dollars from her employer.

This case involved the February 22, 2005 theft of approximately $248,000 in cash from a bank located in New Britain. The interior of the location has little public access, and employees must first be buzzed into or use their key to access a “mantrap” before proceeding through another door to the employee area. This section of the store contains a bathroom and the safe room, and the only exit is to proceed back through the mantrap.

The defendant was a store manager at the bank and was working alone for five and a half hours prior to closing. An hour before leaving the store, she received a phone call from a former district manager (former manager), who had been fired following a previous unsolved robbery at the bank years earlier. The defendant counted the money in the safe, after which she closed down the store and set the alarm. Approximately thirty minutes later, motion sensors and alarms were rapidly triggered in reverse order from the safe room to the front door. The bank owners called the defendant, who was in the vicinity of the bank, and asked her to allow police into the building. When police arrived, they found no evidence of forced entry, but the money was gone and the defendant did not look or act surprised.

Telephone records revealed that the phone call received by the defendant prior to closing the bank was made from a cell phone in New Britain. She received two more calls from numbers belonging to the former manager: the first from a landline in Manhattan only minutes after the incident; the second twenty minutes thereafter once again from the cell phone, this time placed from the New Haven area.

The defendant was subsequently arrested for accessory to larceny in the first degree, conspiracy to commit larceny in the first degree, and accessory to burglary in the third degree, in violation of General Statutes §§ 53a-8, 53a-122(a)(2), 53a-48, and 53a-103. The State’s theory of the case was that the defendant knowingly permitted someone to stay behind in the employee area prior to her departure. The defendant argued that one of the employees working earlier that day “could have let someone into the bathroom unbeknownst to [her].” The prosecutor countered that this was unreasonable: “The idea of somebody sitting in this bathroom for five and one-half hours, waiting for business to close, is as ludicrous as saying that they were beamed there by Martians.” The defendant was convicted on all counts and appealed, arguing that the State presented insufficient evidence identifying her as a participant, and therefore the jury convicted her “on the basis of mere speculation.”

When a jury considers the facts presented in a case, they are permitted to make reasonable and rational inferences stemming from those facts. “When we infer, we derive a conclusion from proven facts because such considerations as experience, or history, or science have demonstrated that there is a likely correlation between those facts and the conclusion.” The more strained the correlation, the less reasonable the inference will be. In this case, the Appellate Court admitted that the evidence presented was scant, but still sufficient to support the convictions. The jury could reasonably infer that the defendant was knowingly involved in the scheme to steal the money from the bank, permitting someone to remain behind after she set the alarm and left for the night. Therefore, the Appellate Court affirmed the judgment.

When faced with a charge of larceny, burglary, conspiracy, or accessory, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

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