McClain v. Commissioner of Correction
188 Conn. App. 70
| Conn. App. Ct. | 2019Background
- Petitioner Tajah S. McClain was convicted of murder with a firearm, related assault and weapons offenses arising from a July 17, 2010 shooting; sentenced to 65 years. Conviction affirmed on direct appeal.
- Petitioner filed a habeas petition alleging (1) ineffective assistance of trial counsel (failure to present third‑party culpability and an unredacted police‑interview video), (2) Brady violation, and (3) actual innocence. The habeas court denied relief and certification to appeal.
- At the habeas trial, evidence included a police report referencing a possible third party (Carlos Vidal), testimony from a jailhouse informant (Ben‑Israel) about a social‑media post attributed to Vidal, and testimony from two witnesses (Cox and Griffin) offering descriptions or statements suggesting another person’s involvement.
- Trial counsel (Cretella) testified he pursued an alibi defense, recalled the police report but did not investigate Vidal further, and cross‑examined the state witness and detective about the police‑interview video as admitted at trial.
- The habeas court found (a) the proffered evidence connecting Vidal to the killing was weak or unreliable and did not directly connect him to the crime, (b) no credible proof supported the petitioner’s claim that an initial segment of the Martorony video existed or was withheld from the jury, and (c) the totality of evidence (including eyewitness identifications and the court’s own observation that McClain more closely matched shooter descriptions) defeated an actual innocence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to present third‑party culpability (Vidal) | Counsel unreasonably failed to investigate/present evidence (police report, social‑media post, witness statements) tying Vidal to the shooting | Evidence of Vidal’s involvement was unreliable, hearsay, or arose after trial; witness descriptions better matched McClain; counsel reasonably pursued an alibi strategy | No prejudice under Strickland; habeas court properly denied certification because the proffered evidence would not likely have produced a different verdict |
| Ineffective assistance — failure to present initial segment of police‑interview video | An earlier segment was redacted where the detective left the witness alone; its absence prejudiced ability to show the witness was led | No credible evidence that an earlier segment existed or was not shown; counsel cross‑examined witness and detective and jury could assess credibility | No prejudice shown; allegation of redaction was speculative and not proven |
| Actual innocence (freestanding) | Newly discovered evidence (Ben‑Israel, Cox, Griffin) shows McClain did not commit the murder; social‑media post and later testimony point to Vidal | Newly offered evidence is contradictory, unreliable, and insufficient to overcome eyewitness identifications and other inculpatory trial evidence | Denied: petitioner failed to prove actual innocence by clear and convincing evidence and failed to show no reasonable factfinder would convict |
| Certification to appeal denial standard | (implicit) Issues warrant appellate review because they are debatable among jurists of reason | Habeas court applied Simms/Strickland standards and found issues not debatable or meritorious | Court did not abuse discretion in denying certification; appeal dismissed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective assistance test: deficiency and prejudice)
- Simms v. Warden, 229 Conn. 178 (Conn. 1994) (standard governing review of habeas denial of certification to appeal)
- State v. Arroyo, 284 Conn. 597 (2007) (requirement that third‑party culpability evidence directly connect third party to offense; bare suspicion insufficient)
- Gould v. Commissioner of Correction, 301 Conn. 544 (2011) (clear and convincing standard for freestanding actual‑innocence claims; burden is high)