144 Conn. App. 353
Conn. App. Ct.2013Background
- Defendant Miguel Gonzalez and victim Miguel Vasquez had a verbal altercation outside a Bridgeport bar in Sep 2007.
- Vasquez was shot at a party in a home basement on Oct 7, 2007, from close range.
- Hats and glasses found at the scene were sent for DNA testing; hat DNA suggested defendant as possible contributor, glasses did not.
- In Aug 2008, prosecutors obtained a buccal swab warrant; at Bridgeport PD custody, defendant initially refused to comply.
- Detectives advised him there was no right to counsel before execution; efforts escalated and officers restrained him to obtain a swab, with nose pinched to force mouth opening.
- DNA from the swab linked the defendant to the hat; the defendant was charged with interference with a search and separately with murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for 54-33d | Gonzalez resisted by force and intent to impede the search. | Refusal to open mouth and breathing struggles were not forcible interference or intentional. | Evidence supported forcible interference and intent beyond reasonable doubt. |
| Consolidation and severance | Joinder proper; cross-admissible evidence supports prejudice-free trial. | Severance needed due to potential prejudice from linking murder and interference evidence. | Court properly consolidated; no abuse of discretion; cross-admissibility supports admission. |
| Cross admissibility under Boscarino framework | Evidence of interference shows consciousness of guilt in murder case; murder evidence shows motive for interference. | Evidence should not be admitted to infer consciousness of guilt or motive across charges. | Cross admissible; does not prejudice defendant; joinder appropriate. |
Key Cases Cited
- State v. Payne, 303 Conn. 538 (2012) (joinder defenses; cross admissibility under Boscarino factors)
- State v. Morgan, 140 Conn. App. 182 (2013) (broad discretion on joining informations)
- State v. Coccomo, 302 Conn. 664 (2011) (admissibility of consciousness of guilt evidence)
- State v. Moye, 119 Conn. App. 143 (2010) (evidence of other crimes admissible to prove intent, etc.)
- State v. Boscarino, 204 Conn. 714 (1987) (Boscarino factors for joinder admissibility)