 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Lemasters2/17/1983
Opinion by JUDGE BERMAN
Defendant, Larry LeMasters, appeals a judgment and jury verdict finding him guilty of first degree burglary, second degree burglary, criminal attempt to commit aggravated robbery, second degree assault, and menacing. We affirm.
On a snowy day in November of 1980, the victim was interrupted by the doorbell while talking with a friend on the telephone. Before opening the door she asked the man outside what he wanted, and he explained that one of his co-workers had fallen from the scaffolding at a nearby construction site and he needed to call an ambulance. The victim let the man in, then hung up the phone, asking her friend to call back in two minutes.
The man explained that he needed to call the home office for authorization before sending for an ambulance. After dialing a few times he told the victim he was unable to get through. The man asked for a glass of water, which the victim provided. He replaced it in the sink and asked to use the restroom. While defendant was in the restroom, the victim became apprehensive and placed a kitchen knife on the counter next to her.
After making one more attempt at reaching the home office, the man turned and lunged at the victim with a knife. A struggle ensued during which the victim managed to activate a silent alarm. She told her attacker that he had better leave because the police would soon be coming. After the man demanded money, the victim reached for her purse and made a run for the garage. She was able to activate the automatic door opener and began screaming loudly. The man fled.
The victim reentered the house and attempted to call for help, but the line had been cut. She then ran into the street to flag down a van. The driver told her to get in and they followed the man's car, as a result of which they were able to obtain the license number and the car's description.
Defendant's arrest and conviction followed. Defendant's appeal is based on the contentions that evidence was improperly admitted and that he was denied his right to effective assistance of counsel. We affirm.
I.
Defendant first argues that a hood and sweater of his, which were suppressed as a result of an invalid search, were improperly introduced for impeachment purposes. We disagree.
Here, the trial court properly admitted pieces of defendant's clothing which had been described by the victim to impeach the defendant's testimony that he was not at the victim's home on the day in question. The defense argues that because the defendant specifically admitted owning the articles of clothing, there was nothing to impeach.
In United States v. Havens, 446 U.S. 620, 100 S. Ct. 1912, 64 L. Ed. 2d 559 (1980), the Supreme Court held that evidence suppressed as the fruit of an unlawful search and seizure may nevertheless be used to impeach a defendant's false trial testimony, given in response to proper cross-examination, even where the evidence does not squarely contradict the defendant's testimony on direct examination. It is not necessary that the matter be expressly mentioned on direct; rather, it is permissible to use the impeachment evidence if the direct examination suggests the question to a reasonably competent cross-examiner. This exception has been made because a court's overriding concern is to arrive at the truth and not permit a defendant to base his case on perjured testimony.
The items were not offered to impeach a statement as to ownership. Rather, they were offered to impeach defendant's statement that he was not at the victim's house on the day of the crime. When asked on direct examination by his counsel, "Mr. LeMasters, o
Page 1 2 3 4 5 6 7 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|