140 Conn. App. 122
Conn. App. Ct.2013Background
- Defendant Parasurama Rabindra-nauth dated Yashoda Ramlal; engagement ended; child born in 2006.
- Ramlal and victim (her cousin) lived in Baldwin Street Waterbury with others after moving out.
- Jan 3, 2009: Ramlal's call about repairs; defendant threatened her; victim was nearby.
- Victim called defendant; he was upset and said defendant wouldn’t mess with him.
- Defendant loaded a revolver, went to Baldwin Street, shot the victim in the kitchen.
- Police arrested defendant in Miami on Jan 7, 2009; defendant gave a voluntary post-arrest statement; convicted of murder; sentenced to 45 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury note response tainted trial | Rabindra-nauth argues improper supplemental instruction | Rabindra-nauth contends misled jurors | Harmless error; no reasonable likelihood of misdirection |
| Admission of victim photograph from MySpace | MySpace photo provides relevant context for fear/state of mind | Photo unreliable; not properly authenticated | Not admitted; court did not abuse discretion |
| Admission of victim's arrest for attempted murder evidence | Evidence relevant to state of mind | Arrest evidence admissible as prior bad acts | Precluded; not admissible absent foundation tying to defendant |
| Expert testimony on gangs (Nihill) | Nihill needed for gang behavior context | Late disclosure sanctions appropriate; justified exclusion | Affirmed exclusion as sanction; not reversible error |
| Plain error doctrine application | Golding grounds for unpreserved error | Contains constitutional error; maybe plain error | Not satisfied; no extraordinary miscarriage of justice |
Key Cases Cited
- State v. Kitchens, 299 Conn. 447 (2011) (waiver analysis for jury instructions after review and comment)
- State v. Akande, 299 Conn. 551 (2011) (Kitchens applied to supplemental charges when note is present)
- State v. Thomas W., 301 Conn. 724 (2011) (plenary review for Kitchens analysis in context)
- State v. Vega, 36 Conn. App. 41 (1994) (harmless error standard for instructional error)
- State v. Helmedach, 125 Conn. App. 125 (2010) (presumed satisfaction of jury concerns when no further questions)