State v. Osimanti
299 Conn. 1
| Conn. | 2010Background
- Defendant Jason Osimanti killed victim John Barnum after a street altercation on July 14, 2005 in Bridgeport during an encounter at Custom Creations and adjacent lot.
- Defendant retrieved a four-inch painter's hook/Sheetrock knife from his car; Barnum retrieved a mallet and attacked; fight continued with multiple separations.
- Rodriguez, shop owner, intervened and attempted to separate them; later, stabbing occurred in the street; Barnum died from stab wounds to the chest.
- Osimanti claimed self-defense; he was charged with murder and convicted of manslaughter in the first degree after a jury trial.
- Appellate Court affirmed; issues on evidence about victim’s domestic violence history, self-defense jury instructions, and juror bias inquiry were raised in Osimanti’s certified appeal.
- Trial court had precluded certain evidence about victim’s domestic violence history and protected-order violation; jury instructed on initial aggressor and retreat; juror bias was questioned after a juror disclosed Latin Kings connections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of victim's violent-history evidence | Osimanti contends exclusion of victim's DV history and protective-order violation prejudiced defense | State argues court properly excluded as remote/unrelated, already admitted other violent evidence; cross-examination narrowed but sufficient | Harmless error; no reversal required |
| self-defense jury instructions on initial aggression and retreat | Osimanti says instruction conflated retreat with withdrawal, misled on initial aggressor | State contends instruction properly conveyed law and was not misleading | Instruction affirmed; not misleading; proper under 53a-19 |
| juror-bias inquiry adequacy | Osimanti argues court failed to adequately probe juror bias after Latin Kings connections were disclosed | State maintains inquiry was adequate and juror could be fair and impartial | Inquiry not abusive; juror could remain impartial |
Key Cases Cited
- State v. DeJesus, 260 Conn. 466 (2002) (trial court broad discretion on evidentiary rulings)
- State v. Miranda, 176 Conn. 107 (1978) (evidence of victim's violent character admissible in self-defense)
- State v. Carter, 228 Conn. 412 (1994) (victim's violent-conviction record admissible under discretion; limits on remoteness)
- State v. Maxwell, 29 Conn.App. 704 (1992) (broad discretion over admissibility of violent-character evidence)
- State v. Brown, 235 Conn. 502 (1995) (jury-impartiality inquiries; broad discretion of trial court)
- State v. Rhodes, 248 Conn. 39 (1999) (burden of proving actual prejudice in juror misconduct; Remmer considerations)
- Remmer v. United States, 347 U.S. 227 (1954) (presumption of prejudice for juror exposure; not always controlling)
- United States v. Olano, 507 U.S. 725 (1993) (Remmer presumption vitality; standard of prejudice varies)
- State v. Jurado, 109 Conn. App. 628 (2008) (adequacy of juror-questioning in bias matters)
