222 Conn. 1 | Conn. | 1992
Lead Opinion
The defendant, Sean Smith, appeals from a murder conviction
The jury could reasonably have found the following facts. In February, 1990, the victim, Darrell Brantley, made an arrangement with Devonya Inman whereby Inman permitted him to sell drugs out of her apartment in Meriden in exchange for money and drugs. During the same month, the defendant moved into Inman’s apartment and began working for the victim selling drugs there. One or two months later, the victim and the defendant had a dispute over drug money, which culminated in an incident in which the victim and his friends beat the defendant on the head with a pot. After that conflict the defendant entered into his own agreement with Inman to sell drugs from her apartment, and the victim’s previous arrangement with her terminated. Although no longer on friendly terms, the victim and the defendant did meet on occasion without incident.
On April 17, 1990, at approximately 10 p.m., the defendant was standing on the porch of Inman’s apartment when he observed the victim in the driveway selling drugs. He angrily shouted to the victim to move out of the driveway, to which the victim responded, “Well, why don’t you move me?” The defendant then entered the apartment where he began pacing and telling his girlfriend that he was tired of the victim “messing with” him. He then retrieved his rifle from a closet and returned to the porch, where he told the victim, “I’m going to move you.” The victim, who had his hand in his coat as though concealing a weapon, turned to run from the defendant, according to the state’s evidence. According to the defendant, the victim had
I
A
During voir dire defense counsel asked the first prospective juror, a white person, a series of questions designed to discover any possible racial prejudice he might harbor against the defendant, a black person. In the course of that questioning, defense counsel asked, “How would you feel if a relative of yours, son, daughter, brother or sister . . . expressed an intent to you that he wanted to marry a black person?” The state objected on grounds of relevancy, and the trial court sustained the objection. Defense counsel took exception to the ruling. When questioning the next venireperson, defense counsel did not ask the prohibited question, but pointed out that he had not done so because he “gathered your Honor would sustain the objection.” The court responded that it would have again disallowed the question and would do so if defense counsel asked it of any other prospective juror. Defense counsel then registered a continuing objection.
Although the trial court forbade defense counsel from asking the question about interracial marriage, it allowed him to ask the venirepersons many other questions aimed at uncovering bigotry. These included whether they worked with black people; whether they
The defendant acknowledges that he was allowed to probe extensively into the prospective jurors’ attitudes about race. He maintains, however, that the trial court’s exclusion of the interracial marriage question was an abuse of its discretion that resulted in the deprivation of his state and federal constitutional rights because that question, unlike any other he had asked, was a “litmus test” for racial bias. He claims that the answer to that one question would have given “a better picture of the juror than the answers to a thousand other bland questions on race.” Even if answers to this question would have been as illuminating as the defendant claims, we decline to find error in the trial court’s
“The right to a voir dire examination of each prospective juror in a criminal action is provided by § 54-82f of the General Statutes. This right was established as a constitutional one in 1972 by including in article IV of the amendments to the state constitution the provision that ‘[t]he right to question each juror individually by counsel shall be inviolate.’ ” State v. Hill, 196 Conn. 667, 671, 495 A.2d 699 (1985).
Although we believe that the question on interracial marriage was relevant
B
During voir dire, the state was examining a prospective juror who had expressed indecision about his ability to return a verdict. After the state had asked him a number of questions, the trial court interjected to inquire whether, after hearing all the evidence in the case and deliberating with the other jurors, he would have any difficulty in finding the defendant guilty, if the state had proved his guilt or, conversely, in acquit
While questioning the next prospective juror, defense counsel asked, “Do you feel that after you have heard all the evidence et cetera, and you are weighing the case that you might find it easier to reach a verdict of guilty compared to not guilty?” When the person expressed confusion about the question, defense counsel rephrased it as follows, “Do you feel as a human being that . . . after you have heard the case . . . you will be more inclined to find a person guilty as compared to not guilty?” The state objected, and the trial court sustained the objection, stating that defense counsel had to relate the conclusion of guilt or innocence to the evidence in the case. Defense counsel argued that his question was the same as that asked by the court of a previous venireperson. The court then interjected, asking the prospective juror whether he would have any difficulty finding the defendant guilty if the state had proved his guilt or not guilty if the state had not proved his guilt. He responded that he would not.
During examination of another venireperson, the court sustained the state’s objection to the following
The defendant claims that he was deprived of certain constitutional rights
The defendant next claims that the trial court committed constitutional error when it allowed the state to exercise peremptory challenges to excuse two black venirepersons, Carletta Fountain and Kenneth Lawrence. We are not persuaded that the court’s ruling deprived the defendant of any constitutional right.
During jury selection, the state exercised peremptory challenges to excuse Fountain and Lawrence. Upon objection by the defendant, the trial court required the state to provide a racially neutral justification for its use of peremptory challenges to excuse them, in accordance with this court’s mandate in State v. Holloway, 209 Conn. 636, 645-46, 553 A.2d 166, cert. denied, 490 U.S. 1071, 109 S. Ct. 2078, 104 L. Ed. 2d 643 (1989). With respect to Fountain, the prosecutor explained that he was concerned that she would not be able to understand certain legal concepts, particularly the difference between a reasonable doubt and absolute certainty, and that she might harbor some ill will for the state, since she had once filed charges, which she later dropped, against her husband and had never spoken to a prosecutor while the charges were pending. With respect to Lawrence, the prosecutor explained that he was concerned that Lawrence might have difficulty in fairly assessing the credibility of police officers because he had had negative experiences with the police and had relatives who had been in trouble with the law. The court accepted these explanations and excused Fountain and Lawrence.
In Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986), the United States Supreme Court recognized that a claim of purposeful racial discrimination on the part of the prosecution in selecting a jury “raises constitutional questions of the utmost
We have identified several factors that may indicate that the state’s excusal of a black venireperson through a peremptory challenge was racially motivated. These include: “(1) The reasons given for the challenge were not related to the trial of the case ... (2) the prosecutor failed to question the challenged juror or only questioned him or her in a perfunctory manner . . . (3) prospective jurors of one race were asked a question to elicit a particular response that was not asked of the other jurors ... (4) persons with the same or similar characteristics but not the same race as the challenged juror were not struck ... (5) the prosecutor advanced ‘an explanation based on a group bias where the group trait is not shown to apply to the challenged juror specifically’ . . . and (6) the prosecutor used a disproportionate number of peremptory challenges to exclude members of one race. ...” (Citations omitted.) State v. Gonzalez, supra, 399. In view of these factors and all the relevant circumstances, we are not persuaded that the state engaged in purposeful racial discrimination when it excused Fountain and Lawrence.
The defendant argues that the prosecutor’s justification was a pretext, nonetheless, because he accepted two white jurors who had displayed confusion about the concept of circumstantial evidence. Without defining the term “circumstantial evidence,” the prosecutor asked these people whether they could follow the court’s instruction that circumstantial evidence was as good as direct evidence. Both white venirepersons expressed confusion about that term. After the prosecutor had explained the term, both prospective jurors stated that they would be able to follow the court’s instruction in that regard. In contrast, Fountain expressed equivocation about the applicable quantum of proof, even after receiving further clarification of that standard.
The record also supports the state’s contention that, because Fountain had received no communication from
We now review the record to determine whether the state’s racially neutral explanation for its removal of Kenneth Lawrence is adequately substantiated. During the voir dire, Lawrence stated that the police had been “very professional” in recovering certain cars that had been stolen from his used car dealership. When the prosecutor asked Lawrence whether he had ever had any negative experience with the police, he replied, “I’m a black male, I live in the City of New Haven. Yes.” Questioned further about this statement, Lawrence explained, “You get harassed and questions gets [sic] asked.” He later stated that he had been arrested as well and that he had cousins who had been arrested, including a cousin who had been convicted and incarcerated one year earlier.
Lawrence’s testimony about being harassed and arrested by the police substantiates the state’s claim that it was seeking to remove Lawrence because he
The defendant contends that the state excused Lawrence not because he was potentially biased against the police, but because he lacked the usual bias in favor of the police. He cites Lawrence’s testimony that he had also had positive encounters with the police, when they had recovered cars stolen from his dealership, and that, because he had had both pleasant and unpleasant experiences with the police, he felt he would be especially evenhanded in assessing their credibility. A venireperson’s assessment of his own prejudices may be untrustworthy for a variety of reasons. For instance, he may be lying in an effort to be chosen for the jury, embarrassed to reveal unsavory truths publicly or sim
Our review of the voir dire in this case satisfies us that none of the Gonzalez factors indicating purposeful racial discrimination were present in the state’s use of a peremptory challenge to excuse Lawrence. We therefore reject this claim of the defendant.
Ill
The defendant next maintains that he was deprived of his right to present a defense, which is guaranteed by the state and federal constitutions, when the trial court prohibited him from introducing certain evidence related to the violent proclivities of the victim. Some background information is necessary to analyze this claim properly.
Before the defendant took the stand, defense counsel informed the trial court that he intended to elicit testimony that the defendant had heard about specific acts of violence committed by the victim against other people in order to establish that the defendant reasonably believed that his life was in danger when he shot the victim. The court ruled, over the state’s objection,
The defendant then informed the court that he would seek to elicit testimony from Officer Michael Silva of the Meriden police department that the victim had a reputation in the community for violence. The state did not object to the admission of such testimony. The defendant then expressed an intent to offer the long form information and arrest warrant issued as a result of the victim’s alleged attack on Gade along with photographs of Gade taken shortly after the beating. The trial court allowed Silva to give his opinion that the victim was a very violent person and to state that the victim had a reputation in the community for being violent, but excluded the information, arrest warrant and photographs.
Next the defendant sought to admit the testimony of a witness, Charles Barron, that he had had an altercation with the victim approximately two hours before the shooting, when the victim, under the influence of alcohol, hit Barron with a rock and a bicycle part and told him, “I’ll kill you. I’ll shoot you right here.” The
On appeal the defendant argues that the information and arrest warrant issued as a result of the Gade beating should have been admitted as evidence of a specific act of violence by the victim since it tended to prove that the victim was the aggressor when the defendant shot him.
It has long been the law in this state that, in a homicide prosecution, “an accused may introduce evidence of the violent, dangerous or turbulent character of the victim to show that the accused had reason to fear serious harm, after laying a proper foundation by adducing evidence that he acted in self-defense and that he was aware of the victim’s violent character.” State v. Miranda, 176 Conn. 107, 109, 405 A.2d 622 (1978), citing State v. Padula, 106 Conn. 454, 456-57, 138 A. 456 (1927). More recently, we joined a majority of courts when we expanded this rule to allow the accused to introduce evidence of the victim’s violent character to prove that the victim was the aggressor, regardless of whether such character evidence had been communicated to the accused prior to the homicide. State v. Miranda, supra. In Miranda, we determined that the victim’s violent character could be proved “by reputation testimony, by opinion testimony, or by evidence of the deceased’s convictions for crimes of violence,
We conclude that the deceased’s violent character may not be established by evidence of specific violent acts, other than convictions, “not because it is unconvincing but because it has the potential to surprise, to arouse prejudice, to multiply the issues and confuse the jury, and to prolong the trial.” State v. Miranda, supra, 112; see also State v. Padula, supra. The federal rules of evidence,
With respect to the testimony about the victim’s alleged beating and threatening of Barron hours before the shooting in question, the defendant emphasizes the timing of the incident to argue that this specific act should have been admitted because it was nearly contemporaneous with the shooting at issue in the prosecution. Some courts have permitted evidence of specific acts of violence, unknown to the defendant, to be admitted if they are so connected in time, place and circum
The defendant also maintains that the information filed after the Gade incident was independently admissible as a “judicial admission.”
IV
In his final claim on appeal, the defendant argues that the “Chip Smith” charge
The judgment is affirmed.
In this opinion Glass, Covello and Borden, Js., concurred.
The defendant was sentenced to forty years imprisonment after being convicted of murder in violation of General Statutes § 53a-54a (a), which provides: “A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception; except that in any prosecution under this subsection, it shall be an affirmative defense that the defendant committed the proscribed act or acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be, provided nothing contained in this subsection shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.”
It is unclear from the evidence adduced at trial whether the victim actually had a weapon inside his coat. One witness gave a signed statement to the police, in which she stated that she had seen someone remove a gun from the victim’s body after he had been shot. At trial, however, the witness denied having seen a gun removed. Her signed statement was admitted into evidence as a prior inconsistent statement, and the jury was instructed that it could consider the statement for its substantive truth.
Voir dire examination must also meet minimum standards of fairness as required by the due process clause of the fourteenth amendment to the United States constitution. Ham v. South Carolina, 409 U.S. 524, 526, 93 S. Ct. 848, 35 L. Ed. 2d 46 (1972); Aldridge v. United States, 283 U.S. 308, 310, 51 S. Ct. 470, 75 L. Ed. 1054 (1931). In Ham, the court held that voir dire interrogation designed to elicit possible prejudice against black persons on the part of prospective jurors must be permitted, but that “the trial judge was not required to put the question in any particular form, or to ask any particular number of questions on the subject, simply because [it was] requested to do so by petitioner.” Ham v. South Carolina, supra, 527.
“ ‘[T]his court is authorized to rely upon alternative grounds supported by the record to sustain a judgment.’ ” Latimer v. Administrator, 216 Conn. 237, 252, 579 A.2d 497 (1990); Kelley v. Bonney, 221 Conn. 549, 592, 606 A.2d 693 (1992).
The court also asked, “Depending on which way you called it, would you have any hesitation doing either one?’ ’ The prospective juror responded negatively.
Specifically, he claims that the court’s action deprived him of his federal and state constitutional rights to due process and to a fair and impartial jury. See Conn. Const., art. I, § 8, as amended; U.S. Const., amends. V, VI and XIV.
We note also that, in determining whether members of the venire were predisposed to convict his client, defense counsel also could have considered the answers he had received to questions about the presumption of innocence and the state’s burden of proof beyond a reasonable doubt, which the trial court did not restrict in any way. See State v. Pollitt, 205 Conn. 61, 75, 530 A.2d 155 (1987).
The defendant attacks the other ground articulated by the state, the fact that Lawrence’s cousin had recently been convicted and incarcerated, claiming that allowing the exercise of a peremptory challenge on such a basis would be tantamount to allowing racial discrimination because of the statistical likelihood that a black venireperson would have a friend or relative who had been incarcerated. Because we have concluded that the state’s concern about Lawrence’s arrest record was a neutral ground for excusing him from the jury, which was adequately supported by the record, we need not address this other claim.
The defendant also testified about other violent actions of the victim that he had observed, about the victim’s reputation as a violent person and about the defendant’s personal belief that the victim was dangerous and always carried a gun.
We do not discuss the trial court’s exclusion of the photographs of Gade because the defendant has not briefed any legal claim with respect to that issue. See Practice Book § 4065; State v. Tatum, 219 Conn. 721, 742, 595 A.2d 322 (1991).
We do not consider the defendant’s alternate claim that the information and arrest warrant were admissible for the limited purpose of proving the reasonableness of the defendant’s belief that he was being threatened with deadly physical force or great bodily harm because that claim was never raised at trial. See Practice Book § 4185.
Rule 405 of the Federal Rules of Evidence provides: “(a) Reputation or opinion.—In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
“(b) Specific instances of conduct.—In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person’s conduct.” (Emphasis added.)
Specifically, we noted “[t]hat a homicide victim has a record of violent crime should not come as a surprise to the prosecution. Nor is introduction of the victim’s criminal record likely to confuse the jury and waste time, since the fact of the convictions is beyond dispute and inquiry must necessarily be limited to the time the events occurred and the nature of the conduct for which the victim was convicted.” State v. Miranda, 176 Conn. 107, 113, 405 A.2d 622 (1978).
The defendant also contends that the information should have been admitted as an “admission by a party opponent.” Even if the information could have been construed as an admission by a party opponent, which we doubt, it was still properly excluded as a specific act of violence, not resulting in a conviction, offered to prove the victim’s character. Although an admission by a party opponent is a recognized exception to the hearsay rule; Hubbard v. Schlump, 106 Conn. 216, 219, 137 A. 644 (1927); it is still subject to other evidentiary rules of exclusion.
This charge, which is designed to prevent a hung jury by encouraging jurors to attempt to reach a unanimous verdict, was first discussed in State v. Smith, 49 Conn. 376 (1881).
The trial court instructed the jury as follows: “Although the verdict to which each juror agrees must, of course, be his own conclusion, and not a mere acquiescence in the conclusions of the others, in order to bring minds to a unanimous result, you should, in conferring together, pay proper respect to each other’s opinions and listen with candor to each other’s arguments. If much the larger number of the panel are for a particular verdict, a dissenting juror should consider why his own conclusion is one which makes no impression upon the minds of the others who are equally honest and intelligent, and who have heard the same evidence with the equal desire to arrive at the truth, and under the sanction of the same oath. The minority ought seriously to ask themselves whether they may not reasonably doubt the conclusion of a judgment which is not concurred in by most of those with whom they are associated and distrust the weight or sufficiency of that evidence which fails to carry in the minds of their fellow jurors. I would ask you to return to the jury room and discuss this case further. You may retire.”
Dissenting Opinion
dissenting. During voir dire, the defendant, Sean Smith, a black man charged with murder, attempted to ask a venireperson the following question: “How would you feel if a relative of yours, son, daughter, brother or sister ... expressed an intent to you that he [or she] wanted to marry a black person?” The state objected to the question on the ground that it was irrelevant, and the trial court sustained the state’s objection. I agree with the majority that the question on interracial marriage was, in fact, relevant and should have been allowed because it might have revealed latent racism.
Early on, the United States Supreme Court made clear that questions aimed at disclosing prejudice “of a serious character” must be allowed by the trial court. Aldridge v. United States, 283 U.S. 308, 313, 51 S. Ct. 470, 75 L. Ed. 1054 (1931). Subsequently, the court unanimously held that, to assure a black defendant a fair trial, the fourteenth amendment requires that the
Our own state constitution affords even greater protection by providing: “In all civil and criminal actions tried by a jury, the parties shall have the right to challenge jurors peremptorily. . . . The right to question each juror individually by counsel shall be inviolate.”
In view of federal and state constitutional law and § 54-82f, and the majority’s recognition that the interracial marriage question was a relevant question to ferret out racial prejudice, I am unable to understand the majority’s conclusion that forbidding the question was within the discretion of the trial court. The majority apparently supports this conclusion on the basis that the trial court allowed the defendant to ask the
Furthermore, the trial court compounded the harm of its improper ruling because it made the ruling prospective.
What is also troubling to me is the majority’s implicit conclusion that the trial court may substitute its judgment for that of counsel by disallowing a relevant voir dire question, as long as the court allows other questions pertaining to the same subject matter. That, however, improperly injects the trial judge into an area constitutionally reserved for the state’s attorney and the defendant and his or her counsel. Allowing trial courts to intrude on counsels’ terrain frustrates both the immediate purposes of individual voir dire and the ultimate goal of achieving a fair and impartial jury. Examination of jurors on voir dire has a twofold purpose; it permits the trial court to determine whether the prospective juror is qualified to serve and it aids the parties in exercising their rights to peremptory challenges. State v. Dolphin, supra, 512. Although the defendant is not entitled to ask an unlimited number of questions on the topic, if the question is relevant, it seems to me that it must be allowed or, at least, not be banned for all upcoming venirepersons as the trial court did in this case.
The importance of allowing such a question is underscored by a recent article in the New York Times. The article reported that, according to the General Social Survey,
Even if we were somehow able to assure that blacks would be represented on the jury in the same proportion as those in the community,
Although I have not commented on the remaining issues presented in this appeal, I do not wish to imply that I concur with the majority on these issues. I do not address the remaining issues because I would find that the defendant’s conviction should be reversed on this issue and that the case should be remanded for a new trial. Accordingly, I dissent.
See discussion, infra, on New York Times article that examines how reaction to interracial marriages by whites may reveal latent prejudices against blacks.
The fourth amendment to the Connecticut constitution provides: “Section 19 of article first of the constitution is amended to read as follows:
“The right of trial by jury shall remain inviolate, the number of such jurors, which shall not be less than six, to be established by law; but no person shall, for a capital offense, be tried by a jury of less than twelve jurors without his consent. In all civil and criminal actions tried by a jury, the parties
General Statutes § 54-82f provides: “In any criminal action tried before a jury, either party shall have the right to examine, personally or by his counsel, each juror outside the presence of other prospective jurors as to his qualifications to sit as a juror in the action, or as to his interest, if any, in the subject matter of the action, or as to his relations with the parties thereto. If the judge before whom the examination is held is of the opinion from the examination that any juror would be unable to render a fair and impartial verdict, the juror shall be excused by the judge from any further service upon the panel, or in the action, as the judge determines. The right of such examination shall not be abridged by requiring questions to be put to any juror in writing and submitted in advance of the commencement of said action.”
See fotenote 5, infra.
The questions asked of the venireperson on race were as follows:
“[Defense Counsel:] Now, the next area I want to get into with you is somewhat of an awkward area, it concerns race. It concerns that fact that Sean Smith is black and the job of any lawyer is to get into the issue of possible bias and prejudice of a juror, subconscious as well as conscious. That’s our job. It’s awkward. Do you work with any black people?
“[Venireperson:] Yes, I do.
“Q. Do you have any black supervisors?
“A. Currently, no.
“Q. Have you ever been involved in a situation where there were quotas and things of that nature, where maybe a black has been promoted over you because of some type of a quota system?
“A. No.
“Q. Do you have any friends that are blacks, to one degree or another?
“A. Acquaintances, yeah.
“Q. Do you have lunch with them? Maybe you don’t have lunch with any people.
“A. I usually don’t go to lunch. I work with people daily, black people daily.
“Q. Have you ever had, that you could think of, any negative experiences with black people that somehow might affect you?
“A. No.
“Q. Either at school, work, any type of situation?
“A. No.
“Q. Now, the next area is again very awkward. It’s a sensitive area. How would you feel if a relative of yours, son, daughter, brother or sister—
“Mr. Vitale [State’s Attorney]: I object to this question.
“The Court: Finish the question.
By Mr. Mandanici:
“Q. —expressed an intent to you that he wanted to marry a black person?
“The Court: Have you finished your question?
“Mr. Mandanici: Yes, your Honor.
“The Court: Objection sustained.
“Mr. Mandanici: May I have an exception, your Honor?
“The Court: Yes.
By Mr. Mandanici:
“Q. Do you feel blacks are different in any way?
“A. Other than color of skin, no.
“Q. Right, other than color of skin. Can you foresee any situation where you would look at a black person and make a decision that would be different or having a feeling about that person merely because they’re black?
“A. I would try not to. I mean, many people have underlying prejudices.
“Q. Subconscious?
“A. Right.
“Q. That’s exactly what I’m trying to get at. Do you know of any situation where in your life where you had an idea, an opinion, about a situation that was based on the fact that this person was a black person, the person you’re dealing with?
“A. I’m sure in my younger days I wasn’t as educated or as aware as I am now. I imagine I was probably more apt to be prejudiced at that time. Nothing in particular, just a general way I grew up or neighborhood or whatever.
“Q. What would cause concern for any lawyer, if this was a close case, what would cause any lawyer’s concern is the fact that there is some subconscious bias or prejudice you have against blacks that might be the thing that subconsciously tips the scales. Have you ever had, do you recall a situation where you made a decision where possibly that decision was based on the fact that the person was black?
“A. No.
“Q. Do you feel over the years you’ve become more aware of your own subconscious feelings?
“A. Yes.
“Q. Would you in this case at the end of the case sort of make a checklist and see whether in fact possibly those earlier feelings you had in your life might affect you in this case, do you think you would be able to do that?
“A. Yes.”
The following colloquy occurred between defense counsel and the trial court during voir dire of the next venireperson:
“Mr. Mandanici: Your Honor . . . my question I didn’t ask this juror that I asked the first prospective juror about the son or daughter marrying a black, I gathered your Honor would sustain the objection.
“Mr. Mandanici: And if I asked any other jurors your Honor’s ruling would be the same.
“The Court: That’s correct. . . .
“Mr. Mandanici: Might I have a continuing objection?”
Furthermore, the defendant’s claim must be reviewed from the perspective that the evidence against the defendant was weak. The jury first reported that: “We are unable to reach a unanimous decision on the mur
The General Social Survey is an annual polling of 1500 American adults of all races directed by Dr. Tom W. Smith, a researcher on social issues at the National Opinion Research Center at the University of Chicago. New York Times, Dec. 2, 1991, at A1, B6, col. 1.
Of course, the composition of the individual jury panel drawn from the jury array amounts to “the luck of the draw.” State v. Tillman, 220 Conn. 487, 510, 600 A.2d 738 (1991) (Berdon, J., dissenting).