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