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137 Conn. App. 696
Conn. App. Ct.
2012
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Background

  • Defendant Carlos Gonzalez was convicted by jury of possession of narcotics with intent to sell by a person not drug-dependent under § 21a-278 (b).
  • Gonzalez challenged the court’s failure to give a special credibility instruction for a cooperating witness and to hold a pretrial reliability hearing.
  • The cooperating witness, Carlos Colon, testified about obtaining cocaine and guiding police to Gonzalez during a controlled operation initiated after Colon agreed to cooperate with police.
  • Trial evidence showed the narcotics were recovered when a car was stopped in New Britain and a package was found; a drug-sniffing dog alerted to both the package and Gonzalez.
  • During proceedings, the court proposed a compromise credibility instruction and described its rationale; no objections were lodged by either party.
  • The defense did not preserve specific trial objections to jury instructions or to pretrial reliability hearings, but argued for supervisory relief to create such rules.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether trial court credibility instruction and reliability hearing should be required for cooperating witnesses. State opposed extending rule; no mandatory special instruction or pretrial reliability hearing. Gonzalez urged a new rule under supervisory authority to require such instruction and hearing. Court declined to extend Arroyo to cooperating witnesses; refused supervisory rule.
Whether the supervising authority should create new rules to address cooperating-witness reliability. State argues against new rule; existing framework suffices. Gonzalez seeks policy-based rule to prevent miscarriages from cooperating-witness testimony. Court refused to create a rule extending exceptions to cooperating witnesses.

Key Cases Cited

  • State v. Arroyo, 292 Conn. 558 (2009) (recognizes jailhouse informant credibility exception and special instruction duty)
  • State v. Patterson, 276 Conn. 452 (2005) (accomplice-witness caution instruction framework)
  • State v. Colon, 272 Conn. 106 (2004) (accomplice-witness considerations and cautions)
  • State v. Ortiz, 252 Conn. 533 (2000) (general rule against singling out state witnesses for motive without exceptions)
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Case Details

Case Name: State v. Gonzalez
Court Name: Connecticut Appellate Court
Date Published: Aug 28, 2012
Citations: 137 Conn. App. 696; 49 A.3d 1025; 2012 WL 3568578; 2012 Conn. App. LEXIS 394; AC 33311
Docket Number: AC 33311
Court Abbreviation: Conn. App. Ct.
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