Thursday, November 3, 2016

Bait Shop Robbery in Hennepin County


2006-M-22          State of Minnesota, Respondent, vs. Matthew Martin Scanlon, Appellant.

DESCRIPTION OF CRIME:  On September 22, 2003, Vermont “Ike” Isaacson was robbed and killed with a shotgun at his bait shop in Hennepin County. 

THE INVESTIGATION:  The last person seen with Isaacson was Scanlon.  Scanlon had worked in the shop, was cash-strapped, and had previously remarked that Isaacson would be “an easy guy to knock off” because he was a loner and carried a lot of money on him.

On September 23, 2003, Scanlon was arrested and interviewed after police had received evidence that a truck matching Scanlon’s truck had been seen late on the evening of the murder, another said he had seen Scanlon at the bait shop earlier in the evening, his aunt reported that Scanlon had given her $1,000-$1,250 in medium bills, and others reported he had bought gas and groceries.  The next morning, Scanlon bought $100 of tools, anti-freeze, and a water pump for his truck, bought lunch and loaned cash to a cousin for gambling, and paid over $800 for truck repairs.  Scanlon had $300 or $400 in his wallet.  Police had found a twelve-gauge shotgun and boxes of Federal brand number five shot in Scanlon’s apartment that were consistent with evidence from the murder scene.

 Scanlon statement on September 23, 2003:  Scanlon was first interviewed on September 23, 2003, after he was taken into custody and received a Miranda warning.  He spoke with police for a time and then requested counsel.  The district court allowed officers to testify regarding the information elicited from Scanlon before he requested counsel, but excluded any testimony from the interview after the request for counsel.  Scanlon was released after approximately a month.

Scanlon statement on December 23, 2003:  Scanlon was not arrested, was told that he was not under arrest, was told that he was not obligated to speak with the investigator, and in the words of the district court, “at the end of the interview Investigator Talbot and [Scanlon] discussed their back problems, had a laugh, and even exchanged pleasantries.”  The district court ruled that because of the two-month break in custody and the fact that Scanlon was not in custody at the time of the December 23 interview, Scanlon’s September 23 invocation of the right to counsel did not bar the admission of his December 23 statements. 

Scanlon statement on March 27, 2004: Scanlon was again interrogated, shortly after he was arrested for Isaacson’s murder.  Scanlon does not contest that he was read and waived his Miranda rights at this interview.  This time, when asked where he got the money to pay his aunt, Scanlon said he got part of it from a money order and part from a sleeping bag where he stashed money.  Again, he did not mention winning any money at Mystic Lake.

            Scanlon also gave different versions of his route home from the bait shop.  Construction workers found Isaacson’s driver’s license near the intersection of highways 494 and 62, on one of the routes Scanlon reported taking home.  Upon searching the area where the license was found, police officers further discovered Isaacson’s hunting license, DNR site tag, and other cards with Isaacson’s name on them.  Isaacson’s wallet was not recovered.

Alternative perpetrator evidence.  Prior to trial, Scanlon notified the court that he intended to present evidence of an alternative perpetrator, S.A., who lived across the street from the bait shop.  Allegedly, a neighbor, Mark Eliseuson, had told a friend, one of Scanlon’s aunts, and a defense investigator that S.A. had told Eliseuson that S.A. had killed Isaacson.  

But at the pretrial hearing on the alternative perpetrator issue, Eliseuson stated that S.A. had not confessed to the murder, but had only said “If I would have done it, I would have gotten away with it.”  The friend and the aunt testified that Eliseuson told them that S.A. had confessed to killing Isaacson. 

The tape of Eliseuson’s statement to the defense investigator was unclear. Eliseuson did testify that S.A. was a drug dealer and carried guns.  In addition to impeachment testimony, Scanlon submitted to the court evidence that S.A. was convicted in connection with the kidnapping of his wife, and had been a suspect in a recent gun theft case.

The district court excluded the alternative perpetrator evidence, concluding that the only connection between S.A. and the crime was impeachment statements consisting of several levels of hearsay.  The court concluded, “[w]here somebody told somebody told somebody that he heard somebody say something, and that’s kind of where we’re at.  I don’t think it rises to the level of evidence with an inherent tendency to connect [S.A.] to the actual murder of Ike Isaacson.” 

THE TRIAL:   On January 22, 2005, a jury in Hennepin County found Scanlon guilty of first-degree premeditated murder.  The district court sentenced Scanlon to life imprisonment.

THIS APPEAL:   On direct appeal, Scanlon alleged that: (1) his statements of December 23, 2003, and March 27, 2004, were erroneously admitted in violation of his Fifth Amendment right to counsel; (2) he was erroneously prohibited from admitting evidence of an alternative perpetrator; (3) the state’s discovery violations cumulatively deprived him of a fair trial; and, (4) the evidence was insufficient to sustain his conviction. 

Justice Gildea joined the unanimous decision by Justice Barry Anderson on this direct appeal to uphold Scanlon’s conviction and sentence.

First, the Minnesota Supreme Court held that when months have elapsed between a defendant’s invocation of the right to counsel and the defendant’s subsequent statements, the defendant was sufficiently “out of custody” to nullify the Edwards invocation under both the Fifth Amendment to the Federal Constitution and Article 1, Section 7 of the Minnesota Constitution.  

Second, the Minnesota Supreme Court held that inadmissible hearsay statements cannot inherently connect an alternative perpetrator to a crime, and thus the alternative perpetrator evidence here was properly excluded.  Additionally, as there was no evidence inherently connecting the alternative perpetrator to the crime, the district court did not err in excluding reverse-Spreigl evidence concerning the alleged alternative perpetrator.

Third, the Minnesota Supreme Court held that the state’s discovery violations did not deprive the defendant of a fair trial because the discovery violations were the result of oversight or mistake, not deliberate attempts to hide facts or surprise the defense, and none of the violations were prejudicial, singly or cumulatively. 

Fourth, the Minnesota Supreme Court held that a conviction based on circumstantial evidence will only be upheld if, when viewing the evidence in a light most favorable to the conviction, reasonable inferences from the circumstantial evidence are consistent only with the defendant’s guilt and inconsistent with any rational hypothesis except that of guilt.  The circumstantial evidence at issue was sufficient to uphold the verdict against Scanlon.

DATE OF DECISION:  August 10, 2006
RECORD NUMBER:  2006-144
FULL OPINION:  A05-586,
DESCRIPTION: [MURDER] [ROBBERY]




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