126 Conn. App. 383
Conn. App. Ct.2011Background
- Defendant Becker Altayeb was convicted by a court trial of attempt to commit murder in violation of §§ 53a-49, 53a-54a(a) and assault in the first degree in violation of § 53a-59(a)(1), and probation violation under § 53a-32.
- Victim Farid Alzoubi, a mosque attendee, was stabbed in the abdomen after an argument triggered by alleged marital infidelity; the stabbing occurred outside a Bridgeport mosque on July 28, 2008.
- Witness Richard Campoli observed the stabbing from across the street and reported the attacker fled in a black Mercedes-Benz; Campoli provided a partial license plate and described a sedan to police.
- Alzoubi identified Altayeb as his attacker during multiple proceedings, including a 911 call and subsequent police interviews; the victim is described as Jordanian with limited English.
- After trial, Altayeb was sentenced to a total effective sentence of 18 years with 13 years to serve and 5 years of probation; the court also revoked his probation after finding a violation.
- On appeal, Altayeb challenged (1) sufficiency of evidence for the two charged offenses, (2) whether his waiver of a jury trial was knowingly, intelligently and voluntarily made, and (3) the denial of a Franks hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempt murder and first-degree assault | Altayeb argues inconsistencies in the victim’s account undermine credibility | Credibility issues undermine proof of guilt beyond a reasonable doubt | Sufficient evidence to sustain convictions |
| Validity of waiver of jury trial | Waiver not knowing, intelligent, or voluntary | Waiver valid and voluntary | Waiver valid; knowingly, intelligently and voluntarily made |
| Franks hearing denial | Omissions in affidavit show probable-cause misleadings warrant Franks hearing | Franks hearing required due to substantial preliminary showing | Franks hearing not warranted; omissions not material to probable cause |
Key Cases Cited
- State v. Chimenti, 115 Conn. App. 207 (Conn. App. 2009) (sufficiency review standard; credibility within fact-finder's province)
- State v. Moody, 121 Conn. App. 207 (Conn. App. 2010) (credibility determinations are for the finder of fact; appellate review limited)
- State v. Santos, 108 Conn. App. 250 (Conn. App. 2008) (conflicting testimony weighs credibility; appellate review deferential to trial court)
- State v. Cobb, 251 Conn. 285 (Conn. 1999) (defendant’s ability to waive rights; factors for knowing and voluntary waiver incl. education and counsel presence)
- State v. Crump, 201 Conn. 489 (Conn. 1986) (written waiver sufficient if defendant signs and indicates voluntary waiver)