206 Conn. 203 | Conn. | 1988
The dispositive issue in this appeal is whether the defendant, Vance Williams, has standing to challenge the procedure by which a witness against him has been immunized under General Statutes § 54-47a.
The chief court administrator appointed Anthony V. DeMayo, a judge of the Superior Court, to conduct an inquiry pursuant to General Statutes (Rev. to 1985) § 54-47
The evidence Sabia gave, together with other evidence, led to the arrest of the defendant, a Torrington police officer, on charges of possessing cocaine and hindering prosecution. Prior to trial, the defendant filed a motion seeking to bar the admission into evidence of the opinion testimony of Sabia and others that substances they had provided to the defendant or had observed him possess or consume were in fact narcotic substances under our drug laws. During the course of a hearing concerning that motion, Sabia refused to testify and asserted his federal and state constitutional rights against self-incrimination.
Notwithstanding its order directing Sabia to testify, the trial court, after defense counsel renewed his objection, later suppressed that testimony. The trial court relied on two separate grounds for excluding Sabia’s testimony. First, the trial court determined that a judge who has been appointed for the purpose of an investigation under § 54-47 cannot grant immunity to a witness in connectioh with that inquiry. Second, the court held that our immunity statute required the state to establish an independent source for all immunized testimony whenever its admission is objected to by any party. The trial court concluded that, although the general rule of standing would forbid the vicarious assertion of fifth amendment rights, this case called for an exception because, in its view, the grant of immunity had been made without authority. The trial court also relied upon the last sentence of § 54-47a (b) as giving the defendant standing to challenge the admission of Sabia’s testimony. Accordingly, the court ordered his testimony to be suppressed. The state then moved to dismiss with prejudice all pending charges; see State v. Ross, 189 Conn. 42, 51, 454 A.2d 266 (1983); and,
The state raises the following issues in challenging the trial court’s exclusion of Sabia’s testimony: (1) whether the immunity statute or considerations of public policy forbid a judge of the Superior Court who is conducting a judicial inquiry from performing the allegedly nondiscretionary act of granting an application for an order to compel a witness to testify before the inquiry; (2) whether, even if there were error in granting the application to compel testimony during the inquiry, the exclusionary rule would in any event be applicable; (3) whether the defendant has standing to contest the allegedly erroneous grant of immunity to Sabia; and (4) whether our immunity statute requires the state to establish an independent source for immunized testimony. In view of our conclusion that the defendant lacks standing to challenge the admissibility of Sabia’s testimony, we shall not address the state’s first two claims.
I
The trial court acknowledged that a defendant ordinarily lacks standing to challenge a grant of immunity to a witness who testifies against him. United States v. Foster, 478 F.2d 1001, 1003 (7th Cir. 1973); State v. Melvin, 390 A.2d 1024, 1029 (Me. 1978). The trial court determined, nevertheless, that because the grant of immunity by Judge DeMayo to Sabia was “clearly illegal” that “this case demanded] an exception to the general rule that one party has no standing to raise another’s rights.” We conclude that the circumstances of this case do not warrant a departure from the general principle that a defendant does not have standing to challenge the method by which a witness against him has been immunized.
II
The trial court also held that the defendant had standing to challenge the admissibility of Sabia’s compelled
The state argues that the trial court’s interpretation of the last sentence of the statute effectively renders the entire immunity statute unworkable. Section 54-47a (a) requires the state to establish that a grant of immunity “is necessary to the public interest.” A serious question would arise whether immunized testimony was “necessary to the public interest” if “a source independent of the compelled testimony or evidence” existed. General Statutes § 54-47a (a) and (b). Under the court’s interpretation of the statute the state is enmeshed in a virtually unsolvable conundrum. The state would have to provide independent evidence corroborating the testimony of an immunized witness before that compelled evidence might be admitted. It would be inappropriate, however, for the state to apply for immunity of a witness, if independent evidence were available of the facts to be elicted from the witness, because his testimony would not then be “necessary to the public interest.” The court recognized that “[t]he
In determining the meaning of statutory language, this court must read a statute as a whole. Kyrtatas v. Stop & Shop, Inc., 205 Conn. 694, 699, 535 A.2d 357 (1988); Struckman v. Burns, 205 Conn. 542, 546, 534 A.2d 888 (1987); State v. Parmalee, 197 Conn. 158, 161, 496 A.2d 186 (1985). Moreover, where a statute is capable of two constructions, one that is rational and effective in accomplishing the evident legislative object, and the other leading to “bizarre results” destructive of that purpose, the former should prevail. Simko v. Zoning Board of Appeals, 205 Conn. 413, 422-23, 533 A.2d 879 (1987) (Shea, J., dissenting); State v. Parmalee, supra, 165.
If the last sentence of the statute, on which the trial court relied, stood alone, it would literally bar the testimony of any immunized witness, because such evidence must necessarily have been “discovered as a result of or otherwise derived from compelled testimony,” quite apart from any question, such as that raised in this case, of the validity of the immunity grant. Thus, the purpose of the enactment, to enable the state to use testimony otherwise unavailable because of the privilege against self-incrimination, would be entirely defeated. The last sentence would effectively nullify the preceding provisions of the statute, because it would have to be shown that the evidence to be furnished by the immunized witness had been obtained from “a source independent of the compelled testimony or evidence.” Such a self-contradictory result could not have been intended by the legislature.
The immunity created by § 54-47a (b) is contained in the sentence preceding the last one and is plainly intended to provide witnesses compelled to testify in
The trial court was concerned that the last sentence of § 54-47a (b) would become wholly superfluous if it were applicable to only those objections raised in a proceeding against the immunized witness, because the preceding sentence appears to provide the same protection to him against the use of his compelled testi
We do not view the last sentence of § 54-47a (b) as superfluous simply because it protects only immunized witnesses. Where such a witness is being prosecuted for a crime not related to a “transaction, matter or thing” mentioned in his previously compelled testimony, it may well be disputed whether evidence offered in proof of the unrelated crime has been discovered from use of his compelled testimony. In such event the last sentence makes it clear that it is not the defendant but the state that has the burden of establishing that the evidence has been obtained from “a source independent of the compelled testimony or evidence.” A statutory provision allocating the burden of proof in this manner is not superfluous.
There is error, the judgment of dismissal is set aside and the case is remanded to the trial court with direc
In this opinion the other justices concurred.
“[General Statutes] Sec. 54-47a. compelling testimony op witness, immunity prom prosecution, (a) Whenever in the judgment of the chief state’s attorney, a state’s attorney or the deputy chief state’s attorney, the testimony of any witness or the production of books, papers or other evidence of any witness (1) in any criminal proceeding involving narcotics, arson, bribery, gambling, election law violations, felonious crimes of violence or any violation which is an offense under the provisions of title 25, before a court or grand jury of this state or (2) in any investigation conducted by an investigatory grand jury as provided in sections 54-47b to 54-47g, inclusive, is necessary to the public interest, the chief state’s attorney, the state’s attorney, or the deputy chief state’s attorney, may, with notice to the witness, after the witness has claimed his privilege against self-incrimination, make application to the court for an order directing the witness to testify or produce evidence subject to the provisions of this section.
“(b) Upon the issuance of the order such witness shall not be excused from testifying or from producing books, papers or other evidence in such case or proceeding on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. No such witness may be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled to testify or produce evidence, and no testimony or evidence so compelled, and no evidence discovered as a result of or otherwise derived from testimony or evidence so compelled, may be used as evidence against him in any proceeding, except that no witness shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. Whenever evidence is objected to as inadmissible because it was discovered as a result of or otherwise derived from compelled testimony or evidence, the burden shall be upon the person offering the challenged evidence to establish a source independent of the compelled testimony or evidence.”
General Statutes (Rev. to 1985) § 54-47, has been repealed. Public Acts 1985, No. 85-611, § 9. It has been supplanted by provisions for an investigatory grand jury under General Statutes §§ 54-47c and 54-47d, effective October 1, 1985. Public Acts 1985, No. 85-611, §§ 2, 3. The repeal of this statute does not affect our analysis of the provisions of General Statutes § 54-47a (b).