State v. Santiago
66 A.3d 520
Conn. App. Ct.2013Background
- Victor Santiago was convicted of felony murder under §53a-54c and murder under §53a-54a.
- Defendant contends the prosecutor’s closing and rebuttal comments deprived him of due process.
- Court reverses the conviction and remands for a new trial based on a deliberate pattern of improper prosecutorial conduct.
- Key witness was Algarin, the defendant’s estranged wife, whose testimony related to the Morales murder and the defendants’ gang ties.
- Evidence of gang involvement was limited by the court to fear-related context; the prosecutor repeatedly referred to gang membership in contravention of pretrial rulings.
- Court declines to address unpreserved evidentiary issues because it reverses on supervisory grounds and orders a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial impropriety in closing arguments | Santiago | Mariani | Reversed for prosecutorial misconduct. |
| Pattern of misconduct across cases justifying supervisory reversal | Pattern and deliberate disregard | Not sufficiently improper across cases | Reversed to deter future misconduct. |
| Remedy of new trial under supervisory authority | New trial necessary | Deterrent measures insufficient | New trial ordered. |
Key Cases Cited
- State v. Bermudez, 274 Conn. 581 (2005) (improper personalizing of argument; improper appeal to emotions; pattern of misconduct)
- State v. Payne, 260 Conn. 446 (2002) (reversal warranted for deliberate prosecutorial misconduct; pattern across trials)
- State v. Ubaldi, 190 Conn. 559 (1983) (prosecutor's remarks contradicting court rulings undermine administration of justice)
- State v. Warholic, 278 Conn. 354 (2006) (improper emotional appeals and mischaracterization; remedy considerations)
- State v. Long, 204 Conn. 523 (1987) (prosecutorial appeals to emotions; limits of fair argument)