 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Deverney4/15/1999
about Antonich's death, he called authorities. The following day, August 30, 1996, police officers arrested Mike Martin. On August 31, 1996, Mike Martin admitted his involvement in Antonich's murder. On May 8, 1997, Mike Martin reached a plea agreement with authorities wherein he would plead guilty to aiding and abetting second-degree murder and testify against the other four accomplices. The plea agreement allowed the court to reduce Martin's sentence 25 percent to 50 percent for testifying truthfully.
Greenleaf and DeVerney left Duluth on August 29, 1996, to attend a weekend powwow on the Red Lake Reservation. On August 31, 1996, reservation authorities arrested both men. On September 1, 1996, DeVerney gave a statement to police. At first, DeVerney denied any knowledge or involvement in the murder, but gradually told officers the specifics of his involvement in the murder. DeVerney admitted punching Antonich three or four times during the second assault.
On September 17, 1996, a Carlton County grand jury returned an indictment charging DeVerney with aiding and abetting first-degree murder (intentional killing during a kidnapping) in violation of Minn. Stat. §§ 609.185, subd. 3 (1998) and 609.05, subd. 1 (1998). The trial court granted the state's motion for a change of venue and the trial was held in Dakota County. DeVerney's trial was joined with the trial of co-defendant Greenleaf. During the co-defendants' trial, over DeVerney's objection, the state presented Spreigl evidence regarding an assault DeVerney committed a month and a half prior to Antonich's murder. The jury found DeVerney guilty of aiding and abetting first-degree murder (intentional killing during a kidnapping), and he was sentenced to life in prison.
DeVerney appeals this decision on the following grounds: (1) that joinder of his trial with Greenleaf's was improper; (2) that the state improperly used its peremptory challenges to remove two Native Americans from the jury pool; (3) that the trial court erred by allowing into evidence the testimony of Mike Martin; (4) that the trial court erred by prohibiting DeVerney from cross-examining Mike Martin regarding the exact amount of time his sentence would be reduced under his plea agreement; and (5) that DeVerney was improperly tried on a charge not included in the indictment.
I.
DeVerney first argues that the trial court committed reversible error when it granted the state's motion for a joint trial and denied his subsequent motion for severance, and that as a result of the joint trial he suffered substantial prejudice. Minn. R. Crim. P. 17.03, subd. 2 (1), states:
"When two or more defendants shall be jointly charged with a felony, they shall be tried separately or jointly in the discretion of the trial court. In making its determination on whether to order joinder or separate trials, the court shall consider the nature of the offense charged, the impact on the victim, the potential prejudice to the defendant, and the interests of Justice." (Emphasis added).
In reviewing a trial court's decision regarding the joinder of defendants, we make "an independent inquiry into any substantial prejudice to defendants that may have resulted from their being joined for trial." State v. Hathaway, 379 N.W.2d 498, 502 (Minn. 1985).
We have said that joinder is proper when two defendants act in close concert with one another. See State v. Strimling, 265 N.W.2d 423, 432 (Minn. 1978). DeVerney argues that he and Greenleaf acted separately. The evidence, however, does not support that position. The evidence, instead, indicates that DeVerney and Greenleaf had very similar involvement in Antonich's murder. Both eit
Page 1 2 3 4 5 6 7 8 9 Minnesota DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|