State v. Cote
129 Conn. App. 842
Conn. App. Ct.2011Background
- Petitioner Roger P. Cote challenges denial of his DNA testing petition under Conn. Gen. Stat. § 54-102kk after conviction for assault in the second degree, threatening, and unlawful restraint.
- Victim testified that Cote pressed a knife to her neck, rubbed it along her neck, and caused neck injuries; knife admitted as full exhibit and injuries observed by witnesses.
- Petitioner moved into victim's home in 2001–2002; after December 23, 2002 incident, victim reported to police and knife was seized; Cote arrested the same day.
- Convicted in 2004 after trial; sentenced to twelve years plus six years special parole, to run consecutively to current sentence.
- Petition for DNA testing filed May 21, 2009; trial court denied on December 4, 2009, concluding no reasonable probability that exculpatory DNA would have changed verdict.
- On appeal, Court affirms trial court’s denial, holding DNA evidence would not undermine confidence in the verdict in light of total trial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DNA testing could have altered the verdict | Cote contends exculpatory DNA would undermine verdict | State argues DNA would not exculpate given overwhelming trial evidence | No, DNA unlikely to undermine verdict; conviction stands |
Key Cases Cited
- State v. Butler, 129 Conn.App. 833 (2011) (standard for reasonable probability under § 54-102kk(b)(1))
- State v. Marra, 295 Conn. 74 (2010) (totality of evidence informs whether absence of DNA undermines verdict)