313 Conn. 325
Conn.2014Background
- Michelle McMaster was found murdered on March 21, 1999; cause of death was asphyxia by manual strangulation with possible sexual assault.
- Barry J. Smith was identified as a participant in the basement crime at 17 Burton Street; DNA connected Orenthain Daniel to a vaginal swab; Russell and Reynolds supplied further related testimony.
- Testimony and evidence showed a group including Smith, Lawrence Andrews, Daniel, and Marvin Slade; Russell described the events in the basement and Readus’s later uncharged misconduct involving choking and sexual assault.
- Readus testified about an uncharged sexual assault by Smith; the court admitted this evidence under DeJesus to show propensity, identity, and intent with limiting instructions.
- Readus’s letter alleging a ‘get out of jail free card’ raised a Brady/Napue/Giglio issue; the trial court found no undisclosed agreement and denied relief.
- The prosecutor exercised a peremptory challenge to remove J.W., an African-American venireperson, which the court found to be race-neutral; Batson claim was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| admissibility of uncharged sexual misconduct under DeJesus | Smith argues insufficient similarity and prejudice | Smith contends DeJesus not satisfied and risk of prejudice | Court held admissible; not abused discretion; similarities met and prejudice curbed by limiting instruction |
| Brady claim regarding Readus agreement | Readus’s alleged promise was undisclosed; testimony affected trial | No undisclosed agreement; statements postdate trial | Court upheld denial; no undisclosed agreement; no Brady violation |
| Batson claim for peremptory challenge of J.W. | Prosecutor discriminated based on race by striking J.W. | Race-neutral, non-discriminatory reasons supported strike | Court upheld Batson ruling; reasons credible; no purposeful discrimination |
Key Cases Cited
- State v. DeJesus, 288 Conn. 470 (2008) (liberal propensity-standard for uncharged sexual misconduct evidence)
- State v. Snelgrove, 288 Conn. 742 (2008) (admissibility of prior acts and jailhouse informants under DeJesus)
- State v. Gupta, 297 Conn. 211 (2010) (cross-admissibility of similar misconduct with dissimilar acts)
- State v. Johnson, 289 Conn. 437 (2008) (similar victims analysis under DeJesus framework)
- State v. Latour, 276 Conn. 399 (2005) (Batson - factors and deference to trial court findings)
- Napue v. Illinois, 360 U.S. 264 (1959) (due process requires correction of material false testimony)
- Giglio v. United States, 405 U.S. 150 (1972) (prosecutorial disclosure of inducements to witnesses needed)
