State v. Eleck
130 Conn. App. 632
Conn. App. Ct.2011Background
- Defendant Robert Eleck attended a party in Norwalk on December 9, 2007, with about twenty intoxicated teens and young adults.
- During the night, Eleck had verbal confrontations with Matthew Peacock and Simone Judway prior to a late-night outside altercation.
- Around 2:30 a.m., Eleck and Peacock fought outside; three others, including Zachary Finch, joined the melee; Peacock and Finch suffered stab wounds.
- Eleck was charged with first-degree assault with a dangerous instrument under § 53a-59(a)(1) for Peacock and second-degree assault under § 53a-60(a)(2) for Finch.
- Jury convicted Eleck of first-degree assault for Peacock and acquitted him of assaulting Finch; Eleck received a mandatory five-year term with ten years of special parole.
- On appeal, Eleck challenged (a) the exclusion of a Facebook printout authenticated as Judway’s messages and (b) the constitutionality of the five-year minimum sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authentication of Facebook messages | Eleck offered circumstantial proof; Judway acknowledged account; defendant asserted authorship. | Printout should be admitted based on authenticity from Judway’s account and connections. | Court did not abuse discretion; printout properly excluded for lack of sufficient authentication. |
| Constitutionality of the five-year minimum | Minimum term violates equal protection and due process. | Schultz precedent should be reconsidered. | Precedent applies; constitutional challenge rejected; panel declines to overrule Schultz. |
Key Cases Cited
- State v. Garcia, 299 Conn. 39 (2010) (abuse of discretion standard for evidentiary rulings)
- Commonwealth v. Williams, 456 Mass. 857 (2010) (MySpace authentication insufficient without circumstantial evidence)
- In re F.P., 878 A.2d 93 (Pa. Super. Ct. 2005) (distinctive content can authenticate electronic messages)
- State v. John L., 85 Conn. App. 291 (2004) (authentication by surrounding circumstances and presence at time of creation)
- Lorraine v. Market American Ins. Co., 241 F.R.D. 534 (D. Md. 2007) (issues related to authentication of electronic records; past moment focus)