State v. Ortiz
133 Conn. App. 118
Conn. App. Ct.2012Background
- April 14, 1997 burglary occurred at a Haddam residence; eight guns and a hunting knife were stolen.
- July 1998 Ortiz told Labbadia he committed the burglary; Labbadia reported to police the same day.
- June 13, 1999 Ortiz threatened Kristen Quinn, claiming he killed Labbadia and disposed of the knife; Quinn documented notes and reported to police.
- August 7, 1999 Ortiz showed Quinn a small handgun and threatened to ruin her house if she spoke to police.
- August 10–11, 1999 Ortiz was apprehended at Quinn’s school after police arranged to meet.
- Charges: tampering with a witness, first-degree criminal trespass, and carrying a pistol without a permit; jury found not guilty of threatening, guilty on the other three charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discouraging a witness from talking to police fits tampering | Ortiz: no, not within § 53a-151(a). | Ortiz: discouragement alone cannot constitute tampering. | The statute covers discouraging a witness from speaking to police; Pommer foreclosed this line. |
| Sufficiency of evidence Ortiz believed an official proceeding was pending | State: evidence shows fear of reporting and prior confession supports belief a proceeding was imminent. | Ortiz: insufficient evidence of belief a proceeding was pending. | Reasonable evidence supports belief that an official proceeding was about to be instituted. |
| Sufficiency of evidence gun barrel length to convict of carrying without a permit | State: gun described as small handgun; expert testified semiautomatics under 12 inches; circumstantial inference allowed. | Ortiz: insufficient direct evidence of barrel length <12 inches. | Sufficient circumstantial evidence supported barrel length under 12 inches. |
| Waiver of Golding/constitutional challenge to jury instruction | Golding review applicable if preserved; defendant waived by failure to object. | Ortiz: trial court failed to instruct specific-intent element; Golding applies. | Court held waiver; no Golding review due to pretrial and trial procedures; affirmed. |
Key Cases Cited
- State v. Pommer, 110 Conn. App. 608 (Conn. App. 2008) (tampers with witness includes discouraging police statements; delineates scope)
- State v. Cavallo, 200 Conn. 664 (Conn. 1986) (requires specific intent to affect testimony at an official proceeding)
- State v. Foreshaw, 214 Conn. 540 (Conn. 1990) (discusses official proceeding vs. investigation; evidentiary instructions)
- State v. Williams, 231 Conn. 235 (Conn. 1994) (sufficiency where witness described gun as small; barrel inference)
- State v. Miles, 97 Conn. App. 236 (Conn. App. 2006) (descriptive evidence supports barrel-length inference)
- State v. Legnani, 109 Conn. App. 399 (Conn. App. 2008) (evidence supports inference of firearm length)
- State v. Kitchens, 299 Conn. 447 (Conn. 2011) (meaningful opportunity to review proposed jury instructions; waiver concept)
- State v. Golding, 213 Conn. 233 (Conn. 1989) (Golding standard for unpreserved constitutional claims)