State v. Rosado
2012 WL 1003763
Conn. App. Ct.2012Background
- Sept. 17, 2006, meeting with Primo in New Haven where a $15,000 bounty for the victim's killing was offered.
- Primo gave Santana and Rosado two firearms to facilitate the murder.
- Rosado was present at locations associated with the victim and relayed by his account that Santana fired at the victim from behind.
- After the shooting, Rosado fled, later reencountered Santana and Nunez, and weapons were concealed; Rosado smoked on Nunez's porch.
- Police later recovered the handguns; Rosado initially denied involvement but eventually provided a statement admitting his presence at the planning and execution.
- Rosado was arrested on Dec. 16, 2006; charged amended April 13, 2009 with murder, conspiracy to murder, possession of a firearm, and carrying a pistol without a permit; convicted of conspiracy to commit murder on April 17, 2009; total sentence 20 years with 15 years to serve and 5 years probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of conspiracy evidence | Rosado argues mere presence at scene proves nothing | Rosado argues no witness saw him participate or plan | Evidence sufficient to support conspiracy verdict |
| Adverse inference for missing notes | State notes no deliberate destruction of notes; missing notes justify inference | Rosado seeks adverse inference instruction | No abuse; no factual basis for the instruction; not outcome-determinative |
| Cross-examination about concerned citizen statements | Defense sought to impeach Hunter with concerned citizen's statements | Evidence not hearsay and could impeach; silence as assertion | Court properly excluded; constitutional claims fail |
Key Cases Cited
- State v. Mourning, 104 Conn.App. 262 (Conn. App. 2007) (circumstantial evidence in conspiracy cases via conduct suggesting agreement)
- State v. Green, 81 Conn.App. 152 (Conn. App. 2004) (standard for reviewing denial of judgment of acquittal)
- State v. Stellato, 10 Conn.App. 447 (Conn. App. 1987) (mere presence at scene generally insufficient to infer conspiracy)
- State v. Jimenez, 74 Conn. App. 195 (Conn. App. 2002) (misstatement to police probative of consciousness of guilt)
- State v. Davis, 298 Conn. 1 (Conn. 2010) (hearsay and evidentiary review; abuse of discretion standard)