Thursday, November 3, 2016

Stripped, Beat and Robbed a Senior Newspaper Courrier on Dawn Route in Duluth

2007-M-037      State of Minnesota, Respondent, vs. Wintersun Lemieux, Appellant.

DESCRIPTION OF CRIME:  On July 9, 2003, Lemieux stripped and beat to death 68-year-old Irwin Teitelbaum while Teitelbaum was making his pre-dawn newspaper deliveries.

Before trial, Lemieux moved to suppress the evidence discovered during the warrantless sweep-search of 15 East 13th Street, and all evidence derived from that search.  Following a three-day omnibus hearing, the district court denied the motion, concluding that the warrantless entry was justified under the emergency-aid exception to the warrant requirement. 

At trial, in addition to evidence from the search, the state presented the physical evidence and forensic analysis of the evidence collected from 729 West 4th Street; and also, evidence from the crime scene, including Lemieux’s bloody thumbprint on top of the bundle of newspapers, a water bottle with Lemieux’s fingerprints and DNA, and miscellaneous papers with bloody shoe prints similar to the treads on Lemieux’s shoes. 

There were also Lemieux’s police statements.  The resident from 729 West 4th Street testified about Lemieux’s confession made in the early morning hours of July 9, 2003, and the taxi driver testified about picking up Lemieux from that residence and driving him by the crime scene.  

The medical examiner testified that Teitelbaum’s death was caused by blunt-force trauma to the head and neck region, and that he died relatively quickly after the attack started. 

The jury found Lemieux guilty as charged, and he was committed to the custody of the Commissioner of Corrections for the mandatory life term. 

THE HOLDING:  Justice Gildea joined the 5-2 majority opinion by Chief Justice Russell Anderson which upheld Lemieux’ conviction and life sentence.

MAJORITY:  Appellant Wintersun Lemieux was convicted and sentenced in St. Louis County District Court for the crime of first-degree murder in connection with the death of 68-year-old Irwin Teitelbaum.  The Court held that police entry of a residence in close proximity to a brutal and seemingly random homicide was justified under the emergency-aid exception to the warrant requirement because the officers had reasonable grounds to believe that a burglary was in progress or had recently occurred, the entry was motivated primarily to look for possible victims, and the scope of the search was limited to the emergency.

DISSENT:  Justice Meyer opined:  I would not require that an emergency-aid search be supported by evidence establishing probable cause to believe an emergency exists at a particular location, and instead I would inquire whether the emergency-aid search was based on a reasonable belief supported by specific and articulable facts.  I disagree with the majoritys conclusion that the facts of this case give rise to an objectively reasonable belief that an emergency-aid search was justified.  Finally, I would conclude that the evidence obtained as a result of that search was improperly admitted, prejudicing defendant Wintersun Lemieux as to two of the three counts against him.

CONCUR & DISSENT:  Justice Page opined:  I join Justice Meyers dissenting opinion except as to her conclusion that an emergency-aid search may be justified by mere reasonable suspicion.  While I agree with the court that the higher probable cause standard applies to emergency-aid searches, for the reasons stated in Justice Meyers dissent, the facts of this case fail to establish reasonable suspicion, much less probable cause.

Russell Anderson (Paul Anderson, Hanson, Barry Anderson, and Gildea)
                    Dissent:  Meyer
                    Concur & Dissent:  Page

DATE OF DECISION:  January 18, 2007
RECORD NUMBER:  2007-016
FULL OPINION:  A05-554,
DESCRIPTION:  [MURDER]  [ROBBERY]


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