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State v. Deverney4/15/1999
s' testimony; he or she is free to testify truthfully and fully without fear of reprisals on the part of the government." Id. The plea negotiations in this case "did not condition the state's acceptance of the witnesses' guilty pleas to second-degree murder on the successful conviction of [the defendant]; they were not inducements to commit perjury." Id. Therefore, the trial court did not err in permitting Mike Martin to testify.
IV.
DeVerney next argues that his right of confrontation, as provided for by the Minnesota Constitution and the Sixth Amendment to the United States Constitution, was violated because he was not allowed to cross-examine Martin regarding the precise number of years or months that Martin's sentence could be reduced by the trial court.
The trial court, while prohibiting DeVerney from inquiring as to the exact number of months Martin's sentence could be reduced, did not prohibit DeVerney from cross-examining Martin regarding every other aspect of the plea agreement, including the percentages by which Martin's sentence could be reduced. As the Supreme Court held in Kentucky v. Stincer, " he Confrontation Clause guarantees only `an opportunity for cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.'" 482 U.S. 730, 739 (1987) (quoting Delaware v. Fensterer, 474 U.S. 15, 20 (1985)). Therefore, we affirm the trial court's decision to prohibit DeVerney from cross-examining Martin regarding the number of months his sentence could be reduced because the limitation did not prevent DeVerney from discrediting Martin's testimony as biased.
V.
DeVerney argues that the trial court violated his constitutional right to prepare a defense, contending the trial court improperly instructed the jury on a theory of vicarious liability which was not included in the indictment. The indictment filed against DeVerney reads as follows:
"That on or about the 28th day of August, 1996, in the Township of Perch Lake, in the County of Carlton, State of Minnesota, Andy Leo DeVerney, then and thereby being, individually and aiding and abetting and acting in concert with another, to-wit: John Alexander Martin, John Steven Martin, Jamie Lee Aubid and Lester Dale Greenleaf, did wrongfully, unlawfully, intentionally and feloniously, with intent to effect the death of a human being, to-wit: Paul Martin Antonich, cause the death of the said Paul Martin Antonich while committing kidnapping, said death being caused by shooting the said Paul Martin Antonich, thereby causing the said Paul Martin Antonich to die on the 28th day of August, 1996."
The indictment goes on to state that the crime was committed in violation of "[Minn Stat. §] 609.185, Subd. 3; § 609.05, Subd. 1 -murder in the first degree while committing kidnapping (aid & abet)."
Minnesota Statute section 609.05, captioned "Liability of Crimes of Another," and commonly referred to as the aiding and abetting statute, provides in relevant part:
"Subd. 1. A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime."
"Subd. 2. A person liable under subdivision 1 is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended."
At the close of the state's case, the state indicated that it would seek aiding and abetting instructions under both subdivisions 1 and 2, and at the close of all the e
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