A Watertown, Minn., man convicted of fatally shooting another motorist in St. Paul does not have a right to a third trial, the Minnesota Supreme Court ruled Wednesday.

The question before the state’s highest court was whether Anthony Trifiletti’s constitutional rights were violated because a judge determined a witness was unavailable to testify at Trifiletti’s second trial in April 2021 because of exposure to COVID.

Douglas Cornelius Lewis (Courtesy of Valerie Lewis)

Douglas Cornelius Lewis, 39, and Trifiletti, now 28, didn’t know each other before a fender-bender in May 2020. The men exited their vehicles and argued in the area of U.S. 61 and Burns Avenue.

Trifiletti went back to his vehicle, returned with a handgun and shot Lewis four times, according to the Ramsey County attorney’s office. Trifiletti, who had a permit to carry a gun, testified that he thought Lewis was going to shoot him, so he shot first. Police found no weapons on Lewis’ body or in his vehicle.

Trifiletti argued during his first trial he did not intend to kill Lewis and that he was acting in self-defense. After a jury reported they were deadlocked, Ramsey County District Judge Thomas Gilligan Jr. declared a mistrial in March 2021.

In the second trial, the only eyewitness to the shooting reported she’d been in close contact with her sister, who later tested positive for COVID. Gilligan said the witness should not come to the courthouse and allowed a transcript of her prior testimony to be read during the trial.

Jurors found Trifiletti not guilty of second-degree intentional murder, but guilty of second-degree felony murder and second-degree manslaughter.  At the June 2021 sentencing, Gilligan denied a departure motion, noting that while Trifiletti was scared, he was never in danger, and had a duty to retreat, according to court documents. Trifiletti was sentenced to 12½ years in prison; prosecutors had asked for 15 years.

Trifiletti filed an appeal and the appellate court took up the matter in September 2022, concluding his constitutional right was violated because his attorney couldn’t cross-examine the witness.

Transcript ‘harmless’

In a 41-page opinion published Wednesday, the justices agreed with the appellate court that Gilligan erred in determining the witness was not available to testify because of COVID exposure. The witness could have appeared in person on April 16, Associate Justice Paul Thissen wrote in the decision, noting a Ramsey County public health doctor told the court as much.

Anthony James Trifiletti (Courtesy of the Minnesota Department of Corrections)

The justices then turned to the question whether Trifiletti was entitled to a new trial. They concluded the 15-page transcript of sworn testimony from the first trial, which was subject to cross-examination, was “harmless beyond a reasonable doubt” and reversed the appellate court’s decision.

Associate Justice Karl Procaccini recused himself, while G. Barry Anderson dissented, writing he concluded that “the record does not sufficiently support the claim by the State that the jury’s decision was ‘surely unattributable’ to the error.”

Anders Erickson, Trifiletti’s attorney, did not immediately return a call for comment Wednesday.

In a statement, Ramsey County attorney’s office spokesman Dennis Gerhardstein said, “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. 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.”

Lewis lived in St. Paul. His sister has filed a wrongful-death lawsuit against Trifiletti.

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