State v. Pascual
305 Conn. 82
Conn.2012Background
- Pascual was convicted after a jury trial of attempt to commit sexual assault in the first degree, two counts of kidnapping in the first degree, two counts of risk of injury to a child, and unlawful restraint in the first degree.
- The victim, a twelve-year-old girl from El Salvador, was brought to a safe house in Los Angeles and then transported across the United States with Pascual and nine other illegal entrants; her mother paid for the crossing.
- A third party at the safe house allegedly warned that anyone who failed to pay would be taken to the desert and shot, causing the victim to fear for her safety.
- Pascual picked up the victim at the safe house and drove her toward New York City, refusing to drop her off in Rhode Island and locking her into the van at times.
- In Milford, Pascual forced the victim into a motel room, restrained her, and assaulted her, while the victim attempted to escape and used a cell phone to contact her mother.
- Before trial, the State sought to introduce uncharged misconduct evidence about the trafficking operation; the court admitted only a limited state-of-mind hearsay statement, and the jury was instructed to consider it for fear, not as truth.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether threat evidence was admissible as state of mind. | Pascual | Pascual | Harmless error; no substantial effect on verdict |
| Was the threat evidence proper for the kidnapping state of mind? | State | Pascual | Harmless error; jury correctly applied state of mind concept to kidnapping |
| Did the trial court properly limit the use of threat evidence to the victim's state of mind? | State | Pascual | Proper limiting instruction; no reversible error |
| Did the court's instructions on abduction and consent adequately differentiate force and fear in kidnapping? | State | Pascual | Harmless error; overwhelming evidence of kidnapping |
| Did the overall strength of the State's case render any impropriety harmless regarding the attempted sexual assault conviction? | State | Pascual | Harmless; conviction affirmed |
Key Cases Cited
- State v. Sawyer, 279 Conn. 331 (Conn. 2006) (harmless error doctrine for nonconstitutional errors)
- Hurley v. Heart Physicians, P.C., 298 Conn. 371 (Conn. 2010) (presumption that the jury followed court instructions)
- Gajewski v. Pavelo, 229 Conn. 829 (Conn. 1994) (state of mind evidence admissibility and relevance)
- State v. Blades, 225 Conn. 609 (Conn. 1993) (admissibility of victim's state of mind evidence when relevant to other issues)
- State v. Wideman, 36 Conn. App. 190 (Conn. App. 1994) (state of mind evidence and kidnapping principles)