State v. Santos
146 Conn. App. 537
Conn. App. Ct.2013Background
- February 3, 2007 stabbing at 79 Foster Street, Meriden, involving the defendant, Potts, and E.P., with E.P. described as the rent/“landlord” of the premises.
- Potts was stabbed; E.P. attempted to block the back door; Potts escaped and collapsed; the defendant fled.
- Defendant was charged with assault in the first degree, unlawful restraint in the first degree, and carrying a dangerous instrument; E.P. testified for the state.
- Before trial, the court conducted in camera review of E.P.’s psychiatric records and disclosed four pages to the defense but restricted further use and expert consultation.
- Defense cross-examination on mental health was limited; defendant offered an evidentiary/ineffective-assistance argument; the jury convicted on all counts; sentence imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation rights and disclosure of psychiatric records | Santos contends limited disclosure and lack of expert access violated confrontation rights | Santos argues records are probative of credibility and defense needs expert review | Harmless error |
| Destruction of kitchen knives and adverse inference instruction | Santos argues missing knives were material and required adverse inference or dismissal | State contends destruction was court-ordered and nonprejudicial | Affirmed; no due process violation; knives not material and no adverse inference warranted |
Key Cases Cited
- State v. Slimskey, 257 Conn. 842 (Conn. 2001) (balancing privilege against confrontation rights; access determined by probative value)
- State v. Madigosky, 291 Conn. 28 (Conn. 2009) (harmlessness hinges on totality of evidence and impact on jury)
- State v. Morales, 232 Conn. 707 (Conn. 1995) (adverse-action analysis for missing/destroyed evidence; factors for materiality and prejudice)
- State v. Joyce, 243 Conn. 282 (Conn. 1997) (materiality and testing viability of evidence; defense timing matters)
- State v. Polanco, 126 Conn. App. 323 (Conn. App. 2011) (testimony to minimize mistaken interpretation of missing evidence)
- State v. Dehaney, 261 Conn. 336 (Conn. 2002) (harmful effect of constitutional error; harmless beyond reasonable doubt standard)