State v. CLAUDIO C., 11 A.3d 1086

In 2005 the ten-year-old victim was assaulted by Claudio C. at her grandparents' store above the family store.
Defendant removed victim's clothing, restrained her, and rubbed against her; during the act the victim heard the defendant and his son tell her to be quiet, while her father heard fragments of the incident on a phone call.
After the assault, the victim disclosed details to her father; the father arranged for counseling and reported the incident to authorities; the defendant left the country for Argentina following an ultimatum from the victim's father.
The defendant returned to Connecticut in August 2005; investigation by police commenced in August 2005, including forensic interview and multiple witness interviews.
A six-count information charged two counts of sexual assault in the third degree and four counts of risk of injury to a child; the jury convicted on one sexual assault count and two risk-of-injury counts.
The court sentenced the defendant to 25 years, with 17 years to serve and 10 years of probation; the defendant appealed challenging admission of a victim’s out-of-court statement and a procedural issue about counts four–six.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Confrontation clause violation from victim's out-of-court statement	State contends no Crawford violation; victim available to explain statements.	Crawford violation; testimonial statement admitted without prior cross-examination.	No violation; not preserved for Golding review; admission deemed evidentiary rather than constitutional error.
Waiver of counts four through six after inadvertent reading of only three counts	Counts four–six were not waived; inadvertent omission cured without prejudice.	Counts four–six were effectively waived or prejudiced by the omission.	Claim inadequately briefed; reviewed for adequacy of briefing, not reached on merits; judgment affirmed.

Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (testimonial statements require opportunity for cross-examination)
State v. Simpson, 286 Conn. 634 (Conn. 2008) (confrontation clause and availability of declarant; cross-examination rule)
State v. Pierre, 277 Conn. 42 (Conn. 2006) (clarifies Crawford on declarant availability at trial)
State v. Golding, 213 Conn. 233 (Conn. 1989) (preservation requirements for unpreserved constitutional claims)
State v. Stepney, 94 Conn.App. 72 (Conn. App. 2006) (evidentiary claims masquerading as constitutional claims may be dismissed)
State v. Warren, 83 Conn.App. 446 (Conn. App. 2004) (unpreserved evidentiary claims reviewed for Golding applicability)
State v. Holness, 289 Conn. 535 (Conn. 2008) (memory of prior statements and nonavailability under Crawford)