State v. Sabato
152 Conn.App. 590
Conn. App. Ct.2014Background
- Sabato was convicted after a jury trial of attempt to interfere with an officer and intimidating a witness; larceny charge was later declared a mistrial.
- The charged conduct for attempt to interfere with an officer involved a text message Sabato sent to Mason telling him not to write a statement and to keep quiet.
- The underlying事件 concerned the November 2011 theft of a cell phone at a Danbury nightclub and subsequent possession by Mason.
- Lopez-Gay, the phone owner, tracked the phone and police were involved; Mason eventually provided a sworn statement about how he obtained the phone.
- Facebook messages from Sabato to Mason threatened consequences and suggested Sabato would act against Mason’s statements, including references to snitches.
- The trial court sentenced Sabato to consecutive terms, but the appellate court vacated the interference conviction and remanded for acquittal on that charge while affirming the witness-intimidation conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 53a-167a supports conviction for third-party targeting | Sabato argues texted threats to Mason fall outside §53a-167a. | State contends statute covers interfering with officers via threats influencing actions. | Insufficient evidence; Williams constrains statute to fighting words against officers. |
| Whether Sabato's Facebook messages support witness intimidation | State asserts messages intended to influence or deter testimony. | Sabato contends messages do not show intent to influence a future proceeding. | Sufficient evidence; messages show intent to influence Mason's testimony. |
Key Cases Cited
- State v. Williams, 205 Conn. 456 (1987) (limits § 53a-167a to fighting words inflicting injury or immediate breach of peace)
- State v. Ortiz, 312 Conn. 551 (2014) (interprets 'believing that an official proceeding is pending or about to be instituted' as probability-based)
- State v. Rivera, 250 Conn. 188 (1999) (same statutory interpretation across related witness statutes)
- State v. Grant, 149 Conn. App. 41 (2014) (a finder may draw reasonable inferences favorable to the verdict)