State v. Barnes
127 Conn. App. 24
| Conn. App. Ct. | 2011Background
- Two controlled crack cocaine buys by informant Licausi from Barnes on March 14 and March 26, 2008; prerecorded $20 bills used.
- Police executed a search warrant at Barnes's West Spring Street apartment on April 4, 2008, discovering a loaded handgun and drugs.
- Barnes was charged in three informations: firearm possession and narcotics (CR-08-65953-S); sale of narcotics by a non-drug-dependent person and sale of narcotics (CR-08-65954-S and CR-08-65955-S).
- The state’s evidence included informant testimony; audio recordings of conversations were lost before trial.
- Barnes moved to dismiss for due process violations due to lost recordings; the court applied Asherman balancing and denied dismissal.
- Barnes also moved to sever the narcotics possession charge from the sale charges; the court denied severance after applying Boscarino factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loss of audio recordings violated due process | Barnes argues due process violation under Asherman due to lost tapes. | Barnes contends dismissal or remedy is required due to missing exculpatory evidence. | No due process violation; court did not abuse discretion—Asherman balancing favored denial. |
| Whether failure to preserve evidence requires severance or dismissal | Barnes contends lost recordings prejudiced his rights and warrants severance/dismissal of some counts. | State argues joinder appropriate; no substantial injustice under Boscarino factors. | Court did not abuse discretion; severance denied. |
Key Cases Cited
- State v. Asherman, 193 Conn. 695 (1984) (establishes balancing test for lost evidence under state constitution)
- State v. Morales, 232 Conn. 707 (1995) (adopts Asherman balancing framework; not automatic dismissal)
- State v. Joyce, 243 Conn. 282 (1997) (materiality and prejudice considerations in missing evidence)
- State v. McRae, 118 Conn.App. 315 (2009) (adverse inference instruction consideration in missing evidence)
- State v. Marra, 295 Conn. 74 (2010) (counsel remedies when missing evidence; closing argument relevance)
- State v. Jenkins, 41 Conn.App. 604 (1996) (joinder/severance considerations; drug-dependency defense)
- State v. Boscarino, 204 Conn. 714 (1987) (Boscarino factors for severance analysis)
- State v. Kelsey, 93 Conn.App. 408 (2006) (unfettered cross-examination as remedy for lost evidence)
- State v. Vasquez, 53 Conn.App. 661 (1999) (drug-dependency defense does not equate to possession admission)