59 Conn. App. 394 | Conn. App. Ct. | 2000
Opinion
The defendant, Robert Madagoski, appeals from the judgment of conviction, rendered after a jury trial, of one count of attempt to commit assault
The jury reasonably could have found the following facts. On February 11, 1997, Sergeant Thomas W. Guy-ette, a twenty-two year veteran of the state police who was assigned to the Connecticut auto theft task force (task force),
Guyette, who was dressed in a business suit, met with members of the task force at the intersection of
Before he got out of his vehicle, Guyette placed his police badge on the breast pocket of his coat and called the Bridgeport police department for help. When he got out of his vehicle, Guyette ran toward the van shouting, “Police, stop!” The defendant, the van’s sole occupant,
The defendant drove away and was not apprehended until March 7, 1997. At that time, his jacket, which had
I
The defendant’s first claim is that the court improperly failed to grant his motion for a judgment of acquittal on the count of attempt to commit assault in the first degree in violation of §§ 53a-49
The standards by which we review claims of insufficient evidence are well established. “When reviewing a sufficiency of the evidence claim, our courts apply a two-prong test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State
“It is within the province of the jury to draw reasonable and logical inferences from the facts proven. . . . The jury may draw reasonable inferences based on other inferences drawn from the evidence presented. . . . Our review is a fact based inquiry limited to determining whether the inferences drawn by the jury are so unreasonable as to be unjustifiable. . . . We note that the probative force of the evidence is not diminished because it consists, in whole or in part, of circumstantial evidence rather than direct evidence. ... It has been repeatedly stated that there is no legal distinction between direct and circumstantial evidence so far as probative force is concerned. ... It is not one fact, but the cumulative impact of a multitude of facts which establishes guilt in a case involving substantial circumstantial evidence. . . . [T]he inquiry into whether the record evidence would support a finding of guilt beyond a reasonable doubt does not require a court to ask itself whether it believes that the evidence . . . established guilt beyond a reasonable doubt. . . . Instead, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. ... In doing so, we keep in mind that [w]e have not had the jury’s opportunity to observe the conduct, demeanor, and attitude of the witnesses and to gauge their credibility.” (Citations omitted; emphasis in original; internal quotation marks omitted.) State v. Radzvilowicz, 47 Conn. App. 1, 17-18, 703 A.2d 767, cert. denied, 243 Conn. 955, 704 A.2d 806 (1997).
“Intent is generally proven by circumstantial evidence ‘because direct evidence of the accused’s state of mind is rarely available.’ State v. Greenfield, [228 Conn. 62, 77, 634 A.2d 879 (1993).] Therefore, intent
The substance of the defendant’s argument is that he could not be convicted of attempt to commit assault in the first degree because Guyette did not suffer a serious physical injury.
II
In his second claim, the defendant asserts that the court improperly instructed the jury on reasonable doubt when it stated: “While the state of Connecticut does not desire the conviction of any innocent person, also it does not wish to have a guilty person acquitted. It is the sworn duty of the juiy, if and when the evidence presented overcomes the presumption of innocence and proves the accused guilty beyond a reasonable doubt, to enforce the law and render a verdict of guilty.” In support of his claim, the defendant cites United States v. Doyle, 130 F.3d 523, 533 (2d Cir. 1997), in which the United States Court of Appeals for the Second Circuit held that an instruction stating that “you must keep in mind that those mies of law are designed to protect the innocent and not the guilty” diluted the presumption of innocence and reasonable doubt standard.
The state maintains that our Supreme Court in State v. Schiappa, 248 Conn. 132, 167-77, 728 A.2d 466 (en banc), cert. denied, 528 U.S. 862, 120 S. Ct. 152, 145 L. Ed. 2d 129 (1999), and State v. Delvalle, 250 Conn. 466, 470-73, 736 A.2d 125 (1999), and this court in State v. Ryan, 53 Conn. App. 606, 610-11, 733 A.2d 273 (1999), held that the language found offensive in Doyle did not dilute the state’s burden of proof if, when read in conjunction with the charge as a whole, the jury could not be misled. See State v. Delvalle, supra, 470-72; State v. Schiappa, supra, 172-73. Indeed, in the sentence after
The defendant attempts to distinguish Schiappa and Delvalle, in which the claims were unpreserved, from the situation in this case in which counsel made a timely objection and preserved his claim for appellate review. We addressed this argument in Ryan. “The defendant attempts to distinguish Schiappa on the ground that in the present case, unlike in Schiappa, the defendant preserved his claim and, therefore, need not rely on State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). We, however, are not persuaded because the standard for review under Golding of an unpreserved claim is the same as the standard of review of a preserved constitutional claim. State v. Schiappa, supra, 248 Conn. 175 n.46.” State v. Ryan, supra, 53 Conn. App. 611 n.3. Although the defendant asks us to revisit this question, we decline the invitation because he has failed to give us any compelling reason to do so. See Kluttz v. Howard, 228 Conn. 401, 406, 636 A.2d 816 . (1994).
Ill
In a third claim, the defendant maintains that the denial of his motion for a bill of particulars was so prejudicial as to require a new trial.
“[T]he denial of a motion for a bill of particulars is within the sound discretion of the trial court and will be overturned only upon a clear showing of prejudice to the defendant. . . . State v. Spigarolo, [210 Conn. 359, 385, 556 A.2d 112, cert. denied, 493 U.S. 933, 110 S. Ct. 322, 107 L. Ed. 2d 312 (1989)]; State v. Laracuente, [205 Conn. 515, 519, 534 A.2d 882 (1987), cert. denied, 485 U.S. 1036, 108 S. Ct. 1598, 99 L. Ed. 2d 913 (1988)]. A defendant can gain nothing from [the claim that the pleadings are insufficient] without showing that he was in fact prejudiced in his defense on the merits and that substantial injustice was done to him because of the language of the information. State v. Rafanello, 151 Conn. 453, 457, 199 A.2d 13 (1964) .... State v. Spigarolo, supra, 382. . . . State v. Kyles, 221 Conn. 643, [653], 607 A.2d 355 (1992).” (Internal quotation marks omitted.) State v. McDougal, 241 Conn. 502, 521-22, 699 A.2d 872 (1997).
The defendant claims that he was prejudiced by the court’s refusal to order the state to specify the manner in which he allegedly committed the crime of attempt to commit assault in the first degree. It is undisputed, however, that at the time of the hearing on the motion, the defendant had access to the state’s disclosure and
Because the defendant here had access to the data in the disclosure and the long form information, he knew the nature of the charges against him. Under the circumstances, we cannot conclude that the court abused its discretion to the prejudice of the defendant.
IV
The defendant’s final claim is that the court improperly denied him his constitutional right to confront his accusers when it precluded him from asking Guyette on cross-examination about whether he was the subject of a state police internal affairs investigation concerning the firing of his weapon. The defendant claims that the court’s ruling precluded him from eliciting testimony that could have impeached Guyette’s credibility. We disagree.
“It is a fundamental rule of appellate procedure in the review of evidential rulings, whether resulting in the admission or exclusion of evidence, that an appellant has the burden of establishing that there has been an erroneous ruling which was probably harmful to him. Casalo v. Claro, 147 Conn. 625, 630, 165 A.2d 153 (1960); State v. Kwaak, 21 Conn. App. 138, 150-51, 572
On cross-examination of Guyette, the defendant asked whether a state police internal affairs investigation had looked into the propriety of Guyette’s discharging of his weapon and also whether there had been any suspensions, demotions or terminations as a result of Guyette’s firing his weapon. The court sustained the state’s objections. Thereafter, the defendant asked the court to review in camera Guyette’s personnel file, which the court did and found that there was nothing of relevance in it. The defendant did not object to the court’s ruling. Defense counsel asked for a continuance to examine the internal investigation report and to call additional witnesses, if necessary. The court granted the request. The following day, defense counsel had the internal investigation report marked for identification but did nothing more with it.
On appeal, the defendant claims that his questions concerning the internal investigation and demotions, terminations and suspensions went to Guyette’s motive, interest and bias in testifying. The flaw in the defendant’s argument is that he never established a foundation for either of the questions.
While cross-examination to elicit facts tending to show motive, interest and bias is a matter of right and may not be unduly restricted; State v. Gould, 241 Conn. 1, 16, 695 A.2d 1022 (1997); “[t]he [confrontation [cjlause guarantees only an opportunity for effective
“ ‘[E]very evidentiary ruling which denies a defendant a line of inquiry to which he thinks he is entitled is not constitutional error. . . . The defendant’s rights to confront and cross-examine witnesses and to present a defense do not give him the right to have admitted any evidence he chooses. ... In the exercise of his rights, the defendant, as well as the state, must comply with the established rules of evidence and procedure. . . .’ State v. Boles, 223 Conn. 535, 550, 613 A.2d 770 (1992). Excluding certain evidence does not vitiate the defendant’s constitutional right to present a defense.” State v. Smith, 35 Conn. App. 51, 57, 644 A.2d 923 (1994). On the basis of our review of the record, we conclude that the court did not abuse its discretion or cause the defendant substantial harm or prejudice in restricting his cross-examination of Guyette.
The judgment is affirmed.
In this opinion the other judges concurred.
The defendant was found to be a persistent dangerous felony offender and was sentenced pursuant to General Statutes § 53a-40 (b) and (g).
The task force was comprised of state and local police officers.
Members of the task force were operating a variety of unmarked motor vehicles.
Guyette placed his vehicle at an angle in front of the van to prevent it from turning onto Main Street, and Schroeder put his vehicle at an angle in front of the van to prevent it from going straight or turning left. Pribesh was behind the van.
Guyette and Schroeder made in-court identifications of the defendant as the driver of the van.
General Statutes § 53a-49 (a) provides: “A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he: (1) Intentionally engages in conduct which would constitute the crime if attendant circumstances were as he believes them to be; or (2) intentionally does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.”
General Statutes § 53a-59 (a) provides in relevant part: “A person is guilty of assault in the first degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument
“ ‘Serious physical injury’ means physical injury which creates a substantial risk of death, or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ . . . .” General Statutes § 53a-3 (4).
The defendant also makes a claim under article first, § 8 of the constitution of Connecticut. We decline to review this claim because he has failed to provide an independent analysis of this state constitutional claim. See State v. Faust, 237 Conn. 454, 465 n.10, 678 A.2d 910 (1996).
The defendant limits this claim to the first two counts with which he was charged, attempt to commit assault in the first degree and assault in the second degree.