196 Conn.App. 387
Conn. App. Ct.2020Background:
- Victim (college student) was last seen with defendant Jermain Richards on April 20, 2013; her cellphone stopped communicating later that day.
- About one month later police found the victim’s left arm and left leg severed with a sharp instrument ~1.5 miles from Richards’ Bridgeport residence; DNA matched the victim.
- Prior to the disappearance Richards (a licensed practical nurse) told an acquaintance he, as a nurse, knew how to "get rid of" someone; one month earlier he had choked the victim during an altercation.
- Police found the victim’s personal items (prescription, necklace) in a garbage bag at Richards’ home; Richards’ other residence had plumbing fixtures removed and his car was recently detailed.
- Richards was tried three times (first two trials ended in hung juries); after the third jury trial he was convicted of murder and appealed.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Richards) | Held |
|---|---|---|---|
| Sufficiency of evidence to convict of murder | Cumulative circumstantial evidence (control, choking, threat, last seen, body parts, physical and forensic clues) supports intent and causation | State failed to prove manner, means, place, cause, time; verdict rests on speculation | Affirmed — evidence sufficient; jury reasonably inferred intent and that Richards caused death from circumstantial proof |
| Special credibility instruction for cooperating witness (Wright) | No special instruction required; jury was told of Wright’s criminal record and plea agreement; general credibility instructions suffice | Trial court erred by not sua sponte giving a special jailhouse-informant–style instruction or extending such rule to probationary witnesses | Affirmed — no plain error; Wright not in Diaz categories; jury was instructed on credibility and motive to lie |
| Retrial after two mistrials — double jeopardy/due process | Successive prosecutions permissible after hung-jury mistrials; retrial lawful | Multiple retrials after failures to convict violated due process/double jeopardy | Affirmed — mistrials for hung juries do not terminate original jeopardy; retrial did not violate constitutional protections |
Key Cases Cited
- State v. Diaz, 302 Conn. 93 (2011) (identifies narrow categories requiring special credibility instructions and explains plain-error standard)
- State v. Otto, 305 Conn. 51 (2012) (permits inferring intent and consciousness of guilt from cleaning/demolition and other circumstantial acts)
- State v. Sivri, 231 Conn. 115 (1994) (upholds conviction where cause/manner of death not established; circumstantial evidence can suffice)
- Richardson v. United States, 468 U.S. 317 (1984) (mistrial following hung jury does not terminate original jeopardy)
- State v. Farnum, 275 Conn. 26 (2005) (statements of present intent are admissible to prove that the act occurred)
- State v. Leroy, 232 Conn. 1 (1995) (explains actual and proximate causation standards in criminal cases)