129 Conn. App. 499
Conn. App. Ct.2011Background
- At ~1–2 a.m. on July 8, 2007, victims DL and AW returned to DL's East Hartford apartment after July 4 events.
- A masked man with a knife abducted them from the apartment, forcing DL into a car and AW to provide money.
- In the car, AW was compelled to perform oral sex on the defendant; the defendant demanded sexual activity and threatened violence.
- The group was driven to an abandoned parking lot where the defendant demanded anal sex from DL; AW escaped and reported the assault to a house and then to 911, while the defendant fled.
- Police apprehended the defendant nearby; AW was taken for a SANE exam, DL was not; evidence included an earring bearing DL's name and nearby box cutter–type knives.
- DNA from AW's vaginal swab showed results consistent with the defendant or a close paternal relative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the abduction instruction was proper | State | Myers | Waived instructional challenge on abduction |
| Whether the specific-intent instruction for kidnapping misled the jury | State | Myers | No substantial likelihood of misleading the jury; Golding review failed |
| Whether there was sufficient evidence to convict on two counts of kidnapping first degree | State | Myers | Evidence supported restraint with intent to prevent liberation and intent to sexually assault at abduction |
Key Cases Cited
- State v. Kitchens, 299 Conn. 447 (Conn. 2011) (implied waiver when counsel reviews and accepts proposed instructions)
- State v. Akande, 299 Conn. 551 (Conn. 2011) (implied waiver for supplemental instructions)
- State v. Foster, 293 Conn. 327 (Conn. 2009) (waiver of improper instruction when counsel acquiesces)
- State v. Golding, 213 Conn. 233 (Conn. 1989) (standard for unpreserved constitutional claims)
- State v. DeJesus, 260 Conn. 466 (Conn. 2002) (constitutional sufficiency standard for evidence)
- State v. McGee, 124 Conn. App. 261 (Conn. App. 2010) (two-step sufficiency framework)
- State v. Nelson, 118 Conn. App. 831 (Conn. App. 2010) (standard for reviewing instructional propriety in context)
- State v. Salamon, 287 Conn. 509 (Conn. 2008) (timing of intent in kidnapping cases)
- State v. Cotton, 77 Conn. App. 749 (Conn. App. 2003) (unarmed abduction supported by intimidation independent of weapon)