141 Conn. App. 1
Conn. App. Ct.2013Background
- Defendant Vernon Abreu was convicted after a jury trial of risk of injury to or impairing the morals of a child (53-21(a)(2)) and delivering alcohol to a minor (30-86(b)(2)).
- Victim was 13 years old when the alleged offenses occurred on September 1, 2008, including a lotion-assisted touching incident at the defendant's apartment after a beach outing.
- The jury also acquitted Abreu of two counts of sexual assault in the second degree (53a-71(a)(1)).
- The state sought to prove sexual intercourse or contact with the victim’s intimate parts; the defense challenged the sufficiency of evidence for the risk-of-injury conviction given the acquittals on sexual assault.
- The trial court denied a judgment of acquittal after the state rested, and Abreu appealed the sufficiency of the evidence for the risk-of-injury conviction.
- The appellate court affirmed, holding that the risk-of-injury conviction was supported by the victim’s testimony and did not depend on the sexual assault verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence for risk of injury to a child after acquittal on sexual assault counts | Abreu argues inconsistent verdicts require reversal; insufficiency follows from acquittals. | State contends issue is not inconsistent verdict but sufficiency of evidence; claims distinct elements. | Sufficiency review applied; evidence supported risk conviction despite acquittals. |
| Whether the court properly instructed the jury on elements of the charged offenses | Not explicitly stated; focus is on evidence tying contact to a sexual and indecent manner. | Instructions correctly defined intimate parts and required sexual/indecent contact likely to impair. | Court’s instructions on elements and definitions were proper and adequate. |
Key Cases Cited
- State v. Morales, 78 Conn. App. 25 (Conn. App. 2003) (inconsistent verdicts doctrine not controlling when elements differ)
- State v. Nelson, 118 Conn. App. 831 (Conn. App. 2010) (two separate elements may support multiple verdicts)
- State v. Arroyo, 292 Conn. 558 (Conn. 2009) (inconsistent verdicts not reviewable when different elements apply)