State v. Franklin
166 A.3d 24
| Conn. App. Ct. | 2017Background
- On July 8, 2011, a black Acura followed a T‑Rex three‑wheeled motorcycle in Waterbury; two persons exited the Acura and shot the motorcycle's driver, Luis Cruz, who died of multiple gunshot wounds. Video and shell/projectile evidence were recovered at the Waterbury scene.
- The next day in New Haven the defendant and Earl Simpson were seen discharging handguns behind a building; casings/projectiles from that scene matched those recovered in Waterbury. A photo of the New Haven scene (showing police tape) and testimony about the firing there were admitted as sanitized uncharged‑misconduct evidence.
- A jailhouse informant, Joshua Habib, testified that while both were incarcerated the defendant admitted he exited the Acura, shot the victim (in an attempted robbery to take the T‑Rex and a chain), and acknowledged links tying him to the investigation.
- Phone‑record and witness testimony connected Isis Hargrove’s phone (owner of the Acura) and others to the time/place of the Waterbury events; the defendant was arrested and detained with false identification.
- The jury convicted Franklin of murder, attempt to commit robbery, conspiracy to commit robbery, and criminal possession of a firearm. The trial court later vacated the felony‑murder conviction; Franklin appealed.
Issues
| Issue | State's Argument | Franklin's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder | Evidence (Habib confession, video, ballistics, phone data, consciousness‑of‑guilt) identifies Franklin as one of the shooters and supports intent to kill | No direct evidence he fired; eyewitness descriptions conflict (skin tone); circumstantial proof insufficient | Affirmed — viewed cumulatively, confession + circumstantial evidence supported identity and intent to kill |
| Sufficiency for criminal possession of a firearm | Parties stipulated prior felony; jury could find he possessed/used a firearm in the Waterbury shooting | Without proof he fired, possession not established | Affirmed — felony status stipulated and jury could find he was one of the shooters, satisfying §53a‑217(a) |
| Admission of uncharged misconduct (New Haven shooting evidence) | Evidence that defendant possessed/discharged the same weapon linked the two scenes and showed means; state sanitized inflammatory details | Prejudicial: photo with police tape and testimony risked arousing juror emotion and impermissibly suggested other crimes | No abuse of discretion — trial court limited inflammatory detail, gave limiting instruction, and probative value (identification/means) outweighed prejudice |
| Prosecutorial misconduct in closing argument | Prosecutor’s characterizations were fair arguments and reasonable inferences from the evidence (Habib confession, phone testimony) | Prosecutor misstated some testimony (e.g., witness recollection, wording of confession, phone possession) and argued facts not in evidence, denying fair trial | Even assuming some misstatements, not reversible: errors were minor, not objected to at trial, not central or pervasive, curative measures/strength of evidence dispelled prejudice |
Key Cases Cited
- State v. Ruth, 181 Conn. 187 (Conn. 1980) (confession coupled with corpus delicti and accomplice testimony is strong evidence)
- State v. Taft, 306 Conn. 749 (Conn. 2012) (standards for sufficiency review and use of jailhouse confession testimony)
- State v. Collins, 299 Conn. 567 (Conn. 2011) (standards for admissibility and sanitization of uncharged misconduct evidence)
- State v. Otto, 305 Conn. 51 (Conn. 2012) (intent to kill may be inferred from weapon, manner of use, wounds, and surrounding events)
- State v. Diaz, 302 Conn. 93 (Conn. 2011) (jailhouse informant testimony is inherently suspect but may be credited by a jury)
- State v. Miranda, 317 Conn. 741 (Conn. 2015) (felony‑murder and intentional murder are alternative means of the same offense for double jeopardy purposes)