Star Tribune
Supreme Court strikes down appeal for man convicted of 2020 road-rage murder in St. Paul
Nearly two years after Minnesota’s appeals court granted a new trial to a man convicted of a road rage murder in St. Paul, the state’s Supreme Court struck down the ruling and the man’s chance for a new trial.
Anthony Trifiletti, 28, argued his constitutional rights were violated during his 2021 trial because a witness was not available in person at the time. Prosecutors said the witness, who was in a car with her boyfriend at the time of the shooting, could not appear in person because they were exposed to COVID-19. The state appeals court agreed and granted Trifiletti a new trial in 2021.
Although Wednesday’s Supreme Court ruling agreed that prosecutors erred explaining why the witness was unavailable, the ruling also denies that Trifiletti’s constitutional rights were violated.
“The district court’s error in determining that a witness was unavailable under the Confrontation Clause was harmless beyond a reasonable doubt,” the Supreme Court ruling read. “We reverse the decision of the court of appeals.”
Trifiletti’s attorney, Anders Erickson, did not immediately respond to requests for comment.
Charging documents say 39-year-old Douglas Lewis bumped into Trifiletti’s truck the night of May 1, 2020. The men pulled onto Burns Avenue to assess the damage, but the situation escalated into shouting and Lewis allegedly referred to a gang by saying,”I’m GD.” Trifiletti told friends who followed him in another vehicle to leave, holstering his handgun before “unintentionally” following Lewis. Lewis parked and exited his car. Trifiletti did the same. That’s when Trifiletti said Lewis reached under his shirt, prompting Trifiletti to fire at 3-4 bullets at Lewis.
Trifiletti left the scene, but returned on his father’s advice. He told investigators that he feared for his life because he thought Lewis would shoot him.
Officers recovered six bullet casings from the scene and bystanders help Lewis before he was taken to Regions Hospital. He died during surgery that night. Officials found no weapons on Lewis, and the Ramsey County Medical Examiner said Lewis’ cause of death was four gunshot wounds. Family remembered the father of four as a hard worker with a jolly spirit. They said Lewis left a barbecue in St. Paul’s west side that evening with plans to return.
Trifiletti went to trial in early 2021, arguing he defended himself when fatally shooting Lewis after a traffic accident. The judge declared a mistrial when jurors could not reach a decision, launching a second trial where jurors convicted Trifiltti with second-degree murder and the second-degree manslaughter. He was sentenced to 12½ years.
“We are grateful for the Supreme Court’s decision on this matter as it upholds the jury’s verdict in this case and recognizes the special challenges that were faced by the judge, prosecutor, defense, and witnesses during the pandemic,” Ramsey County Attorney’s Office spokesperson Dennis Gerhardstein said in a statement. “Through the adversarial process and this appeal, it is assuring to know that the measures taken to ensure the safety of those involved in the trial during this difficult time did not deprive the defendant of a fair trial.”
Star Tribune staff writers Liz Sawyer, Alex Chhith and Kim Hyatt contributed to this story.
Star Tribune
Sentencing set for Monday morning for a Minnesota man who was drunk and speeding when he hit a woman’s SUV and killed her.
A man with a history of driving drunk received a four-year term Monday for being intoxicated and speeding when he hit a woman’s SUV on a southern Minnesota highway and killed her.
John R. Deleo, 54, of Lake Crystal, Minn., was sentenced in Brown County District Court after pleading guilty to criminal vehicular homicide in connection with the crash on Aug. 17, 2023, in New Ulm at Hwy. 68 and S. 15th Street that killed 82-year-old Sharon A. Portner, of New Ulm.
With credit for the two days he was in jail after his arrest, Deleo is expected to serve the first 2⅔ years years of his term in prison and the balance on supervised release.
A week ahead of sentencing, defense attorney James Kuettner asked the court to spare his client prison and put him on probation for up to five years.
Kuettner pointed out in his filing that Deleo stayed at the crash scene and attempted “to aid Portner, and he left [her] side only when directed to by law enforcement.”
The attorney also noted that Deleo has been sober since the crash, and therefore, at a particularly low risk for reoffending.
According to the criminal complaint:
Police arrived to find the two damaged vehicles near 15th and S. Broadway streets. Emergency responders took Portner to New Ulm Medical Center, where she died that day.
ROCHESTER – The defense for Shane Roper, the former state trooper charged for his role in a crash that killed Owatonna teenager Olivia Flores, has asked the court to dismiss eight of the nine charges against him.
In a motion filed Oct. 24, Roper’s attorneys said the state has “failed to meet its burden of offering direct evidence tending to demonstrate that [Roper’s] actions, or negligence, were the proximate cause of death or bodily harm.”
Roper, 32, faces nine criminal charges related to the May 18 crash, including felony charges of second-degree manslaughter and criminal vehicular homicide. Both charges carry maximum sentences of 10 years in jail.
The only charge the defense did not ask to have dismissed is a misdemeanor for careless driving, which carries a maximum sentence of 90 days in jail.
Among the other requests made to the court, Roper’s defense asked for a change of venue outside of Olmsted County, citing the extensive media coverage of the case. The defense said “jury pools have surely been tainted and a fair trial cannot be had” in the county.
Roper’s attorney, Eric Nelson of Halberg Criminal Defense, also argued that any evidence related to Roper’s prior speeding or traffic incidents should be precluded as evidence in the case.
In the five years leading up to the crash, Roper had been disciplined by the State Patrol on four separate occasions for careless or reckless driving, including a February 2019 crash that injured another officer.
District Judge Christa Daily has not responded to the motions. Roper is scheduled to be back in court Nov. 21 for a pretrial settlement conference.
Star Tribune
Who is comedian Tony Hinchcliffe, who insulted Puerto Rico at Trump’s Madison Square Garden rally?
NEW YORK — Of the nearly 30 speakers who recently warmed up the crowd for Donald Trump at Madison Square Garden, comedian Tony Hinchcliffe got the most attention for racist remarks.
”I don’t know if you guys know this, but there’s literally a floating island of garbage in the middle of the ocean right now. I think it’s called Puerto Rico,” he said, later including lewd and racist comments about Latinos, Jewish and Black people.
The comments have led to condemnation from Democrats and Puerto Rican celebrities, with Ricky Martin sharing a clip of Hinchcliffe’s set, captioned: “This is what they think of us.”
The Trump campaign took the rare step of distancing itself from Hinchcliffe. ”This joke does not reflect the views of President Trump or the campaign,” senior adviser Danielle Alvarez said in a statement.
Here’s what to know about Hinchcliffe, his comedic styling and the response to his Madision Square Garden comments.
Hinchcliffe, raised in Youngstown, Ohio, is a stand-up comedian who specializes in the roast style, in which comedians take the podium to needle a celebrity victim with personal and often tasteless jokes. He has written and appeared on eight Comedy Central Roasts, including ones for Snoop Dogg and Tom Brady.
Even fellow comedians aren’t immune. At the Snoop Dogg roast, Hichcliffe made a joke referencing comedian Luenell, who is Black, being on the Underground Railroad. Of the honoree, he said: ”Snoop, you look like the California Raisin that got hooked on heroin.”
