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137 Conn. App. 152
Conn. App. Ct.
2012
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Background

  • Defendant John O. was convicted after a jury trial of sexual assault in the fourth degree and risk of injury to a child.
  • Victim’s mother regularly used the methadone clinic; the defendant drove the family and waited in the car with two children in the back seat.
  • A witness, Mark Smith, saw the defendant’s hand reach under the victim and massaging actions toward the vaginal area for about 45 seconds.
  • Chelsea Tuttle, a clinic counselor, corroborated seeing the defendant with his hand between the victim’s legs and kissing her, prompting the mother to remove the children.
  • Defendant moved for acquittal; trial court denied; sentences totaled 25 years with suspended execution and 35 years’ probation.
  • On appeal, the defendant challenges sufficiency of evidence, the in camera review of Department of Children and Families records, and vagueness of § 53-21(a)(2) as applied.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for sexual assault fourth degree Davis viewpoint: evidence shows sexual contact for gratification Insufficient proof that contact was for his sexual gratification Evidence sufficient to support conviction
In camera review of department records undisclosed exculpatory material Records lacked exculpatory information Trial court should have disclosed potentially exculpatory records Court did not abuse discretion; no exculpatory material found
Vagueness of § 53-21(a)(2) as applied Statute clearly targets deliberate touching of intimate parts; Pickering guidance applies Action occurred once, in public; may be unconstitutionally vague as applied Golding claim failed; statute provides fair warning; no vagueness violation
Preservation and standards for Golding review Golding prerequisites satisfied; record adequate; no fundamental due process violation

Key Cases Cited

  • State v. Davis, 283 Conn. 280 (Conn. 2007) (two-step sufficiency and circumstantial evidence standard)
  • State v. Na'im B., 113 Conn. App. 790 (Conn. App. 2009) (abuse of discretion standard for in camera review of confidential records)
  • State v. Liborio A., 93 Conn. App. 279 (Conn. App. 2006) (credibility not reviewable on appeal; defer to jury on witnesses)
  • State v. Pickering, 180 Conn. 54 (Conn. 1979) (morals provision vagueness described before 1995 amendment)
  • State v. James G., 268 Conn. 382 (Conn. 2004) (amendment clarified risk of injury standard; fair notice)
  • State v. Eric T., 8 Conn. App. 607 (Conn. App. 1986) (touch location supports inference of sexual intent)
  • State v. Antonio A., 90 Conn. App. 286 (Conn. App. 2005) (single touching can support risk of injury conviction)
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Case Details

Case Name: State v. John O.
Court Name: Connecticut Appellate Court
Date Published: Jul 31, 2012
Citations: 137 Conn. App. 152; 47 A.3d 905; 2012 Conn. App. LEXIS 358; 2012 WL 3000611; AC 32782
Docket Number: AC 32782
Court Abbreviation: Conn. App. Ct.
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