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143 Conn. App. 438
Conn. App. Ct.
2013
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Background

  • Defendant Tyrone Douglas Carolina was convicted after a jury trial of four counts of risk of injury to a child and one count of tampering with a witness.
  • Victim K, a cognitively disabled high school student, lived with her parents in Danbury and treated the defendant as an uncle; he was a frequent visitor to the home.
  • K disclosed in May 2009 that the defendant sexually contacted her, which was corroborated by her brother L and investigated by police.
  • While awaiting trial, the defendant mailed a letter to his cousin using a cellmate’s information, seeking help to secure LaPlant’s false testimony against K.
  • The letter was intercepted; its contents were disclosed to the state's attorney; the defendant was charged with tampering with a witness in violation of § 53a-151.
  • After a five-day trial in September 2010, the jury found the defendant guilty on the four risk-of-injury counts and the tampering count, and he was sentenced to twenty years, suspended after twelve, with twenty years of probation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Tampering element sufficiency Carolina induced a witness to testify falsely via intermediary. Letter did not directly target LaPlant; no direct inducement. State proved direct inducement through intermediary; tampering sustained.
Prosecutorial improprieties in closing Prosecutor credibly argued about leading questions and K’s credibility based on evidence. Prosecutor bolstered credibility by commenting on defense strategy and witness suggestibility. No reversible prosecutorial error; comments grounded in evidence and proper in context.
Admissibility of prior consistent statement Redacted Meyer interview properly rehabilitated K's credibility. Prior consistent statements are generally inadmissible; timing and impeachment concerns were mishandled. Court did not abuse discretion; limited admission to credibility rehabilitation with proper instruction.

Key Cases Cited

  • State v. Cavallo, 200 Conn. 664 (Conn. 1986) (tampers with a witness—attempts to induce testimony count)
  • State v. Lee, 138 Conn. App. 420 (Conn. App. 2012) (definition of witness includes intermediary)
  • State v. Valentine, 240 Conn. 395 (Conn. 1997) (prior consistent statements exceptions for rehabilitation)
  • State v. Williams, 204 Conn. 523 (Conn. 1987) (six-factor test for prosecutorial impropriety)
  • State v. Jordan, 135 Conn. App. 635 (Conn. App. 2012) (procedure for evaluating prosecutorial impropriety claims)
  • State v. Rose, 132 Conn. App. 563 (Conn. App. 2011) (standard of review for evidentiary rulings)
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Case Details

Case Name: State v. Carolina
Court Name: Connecticut Appellate Court
Date Published: Jun 18, 2013
Citations: 143 Conn. App. 438; 69 A.3d 341; 2013 WL 2483223; 2013 Conn. App. LEXIS 307; AC 33181
Docket Number: AC 33181
Court Abbreviation: Conn. App. Ct.
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    State v. Carolina, 143 Conn. App. 438