State v. Beverley
169 Conn. App. 689
Conn. App. Ct.2016Background
- Defendant Maurice Beverley was convicted by a jury of felony murder, first‑degree robbery, and criminal possession of a firearm for the April 2, 2010 killing of Kenneth Bagley; sentence: 75 years.
- Mary Pearson (cousin) was the prosecution’s key eyewitness; she initially lied to police, later identified defendant and testified for the state while having charges pending and a desire to return home to see her son.
- During jury deliberations a juror (R.A.) received an unknown phone call indicating the caller knew he was a juror; R.A. reported it, said it would not affect him, and defense declined to question him.
- The court conducted individual voir dire of the remaining jurors; some said others were "nervous" but all stated they could be fair; defense counsel declined to question jurors and said he was "not too concerned" and thought deliberations should proceed.
- Defense counsel attempted to cross‑examine Pearson about whether she knew of disputes between the first‑floor tenants and her aunt (Mary Brooks) to show motive to lie; the court sustained the state’s relevancy objection and permitted other impeachment developed at trial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Beverley) | Held |
|---|---|---|---|
| Whether trial court abused its discretion by failing to investigate alleged juror bias after juror received a phone call | No abuse; court adequately questioned juror and other jurors; defense counsel waived complaint by consenting to procedure | Court should have probed emotional impact of the call and done an investigation into the call’s source; failure violated right to impartial jury | Waiver: defense counsel expressly declined further inquiry and accepted jurors; claim waived and not reviewed on appeal |
| Whether exclusion of question about disputes between first‑floor tenants and aunt violated defendant’s right to confront witness | Exclusion proper because no record link showing Pearson knew those tenants or would be afraid; relevance lacking | Question was relevant to show Pearson’s motive to lie and bias (fear of tenants) and court’s restriction unduly limited cross‑examination | No abuse of discretion: proffered inquiry lacked visible connection to facts; substantial impeachment already developed; confrontation right not violated |
Key Cases Cited
- State v. Roman, 320 Conn. 400 (Conn. 2016) (jury trial impartiality principle)
- State v. Ouellette, 271 Conn. 740 (Conn. 2004) (definition and standard for waiver of constitutional rights)
- State v. Foster, 293 Conn. 327 (Conn. 2009) (counsel’s consent or satisfaction at trial can waive appellate review)
- State v. Annulli, 309 Conn. 482 (Conn. 2013) (scope of cross‑examination and confrontation analysis)
- State v. Davis, 298 Conn. 1 (Conn. 2010) (relevancy standard and visible connection test)
- Mozell v. Commissioner of Correction, 291 Conn. 62 (Conn. 2009) (distinction between waiver and forfeiture for plain error/Golding review)
