Michael T. v. Commissioner of Correction

71 A.3d 660, 144 Conn. App. 45
CourtConnecticut Appellate Court
DecidedJuly 9, 2013
DocketAC 30046
StatusPublished
Cited by2 cases

This text of 71 A.3d 660 (Michael T. v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael T. v. Commissioner of Correction, 71 A.3d 660, 144 Conn. App. 45 (Colo. Ct. App. 2013).

Opinion

Opinion

SHELDON, J.

The respondent, the commissioner of correction, appeals from the judgment of the habeas court granting, in part, the amended petition of the petitioner, Michael T., for a writ of habeas corpus on the ground that his trial counsel had rendered ineffective assistance by failing, inter alia, to present expert testimony to challenge the state’s presentation of incriminatory expert evidence on psychological issues relating [47]*47to the child victim’s credibility.1 The dispositive issue in this appeal is whether the failure of the petitioner’s trial counsel to present expert evidence on this subject constituted deficient representation under the standard set forth in Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), for assessing ineffective assistance of counsel claims pursuant to the sixth amendment to the United States constitution. We affirm the judgment of the habeas court.

On February 9, 2007, the petitioner filed an amended three count petition for a writ of habeas corpus, alleging ineffective assistance of trial counsel and actual innocence with respect to his convictions of sexual assault in the first degree in violation of General Statutes (Rev. to 2001) § 53a-70 (a) (2) and risk of injury to a child in violation of General Statutes (Rev. to 2001) § 53-21 (a) (2). The respondent filed a denial and a special defense alleging that the petitioner had procedurally defaulted by failing to pursue his claim of ineffective assistance of counsel in a previous petition for a writ of habeas corpus. After an evidentiary hearing, the habeas court rejected the respondent’s special defense and the petitioner’s claim of actual innocence, but granted the petition with respect to the petitioner’s allegation of ineffective assistance of trial counsel. The habeas court found that the petitioner’s trial counsel had been ineffective in failing to present expert testimony to challenge both the state’s presentation of incriminatory [48]*48expert evidence on medical issues relating to the child’s symptomatology and psychological issues relating to the reliability of the child’s disclosure of sexual abuse. The habeas court concluded that trial counsel's failure to present such expert evidence had been prejudicial to the petitioner and, therefore, rendered judgment in his favor.

The respondent appealed to this court, which affirmed the judgment of the habeas court insofar as it rested on trial counsel's failure to challenge effectively the state’s inculpatory medical testimony. The respondent then appealed to our Supreme Court. Our Supreme Court reversed the judgment of this court under the second prong of Strickland, holding that the petitioner was not prejudiced by any alleged deficient performance of his trial counsel because his trial counsel, by means of his cross-examination of the state’s experts and his closing argument to the jury, established that trichomonas could be contracted through nonsex-uai means—the information about which a subject matter expert would have testified. Michael T. v. Commissioner of Correction, 307 Conn. 84, 102, 52 A.3d 655 (2012). Our Supreme Court thus held that, “[o]n the basis of the record before [it], [it could not] conclude that there is a reasonable probability that the outcome of the criminal trial would have been different if additional testimony on the same topic had been presented.” Id., 103. Accordingly, it remanded the matter to this court for a determination as to whether the petitioner’s trial counsel provided ineffective assistance by failing to call an expert to testify regarding psychological issues relating to the reliability of the child’s disclosure of sexual abuse. Id., 103-104.

The factual basis underlying the petitioner’s criminal conviction is described in this court’s decision affirming the habeas court’s judgment. Michael T. v. Commissioner of Correction, 122 Conn. App. 416, 418-21, 999 [49]*49A.2d 818 (2010), rev’d, 307 Conn. 84, 52 A.3d 655 (2012). “In 2002, when the child was four years old, she was living at home with her mother, her older brothers and the petitioner. At the end of May, 2002, after the child complained of vaginal pain, her mother took her to a clinic in Bridgeport, where testing disclosed that the child was infected with trichomonas.2 . . .

“Because the pediatric clinic nurse who assisted in the examination suspected that the child had been sexually abused, she properly reported the incident to the department of children and families (department). When subsequently questioned by a departmental investigative social worker assigned to the case, the child stated that no one had ever touched her private parts. A subsequent inquiry by a pediatric nurse practitioner affiliated with the child sexual abuse evaluation program at Yale-New Haven Hospital elicited the same response, that nothing had happened to her. . . .

“In fight of the child’s infection, everyone in the child’s family was asked to be tested for trichomonas. Only the child’s mother tested positive for the disease. The petitioner, who had moved out of the family home in the interim, did not keep a scheduled appointment for testing. . . .

“Approximately one year later, after attending a ‘good touch-bad touch’ presentation in her kindergarten class, the child told her mother that the petitioner had touched her inappropriately. She testified to the same effect at his trial. . . .

“At the criminal trial, the state presented expert witnesses on two subjects, trichomonas and the reliability of children’s statements. Four expert witnesses who were questioned about trichomonas testified that it was [50]*50a condition that was sexually transmitted.3 To explain the delay in the child’s reporting that someone had touched her inappropriately, an expert witness who was a school psychologist and forensic interviewer testified that, because a four year old child could not be expected to have knowledge of sexual activity, she would not know that she had been abused until she learned what abuse was. . . . Trial counsel challenged this expert testimony only by cross-examination of the state’s witnesses.

“The petitioner was the only defense witness to testify at his trial. He denied having sexually abused the child. Defense counsel, in his closing argument to the jury, argued for acquittal either because trichomonas could be transmitted nonsexually or because the state had not proven penetration. The jury found the petitioner guilty of sexual assault in the first degree and risk of injury to a child. . . .

“The principal witness at the habeas hearing was Suzanne M. Sgroi, a physician who is an adjunct professor at St. Joseph College in West Hartford, the director of the St. Joseph College Institute for Child Sexual Abuse Intervention for the treatment of child sexual abuse and the executive director of New England Clinical Associates, an organization that works with child abuse trauma. Without objection by the respondent, Sgroi was found to be qualified as an expert in child sexual abuse and venereal disease. Furthermore, the respondent did not challenge the admissibility of any of her testimony.” (Citations omitted.) Id., 418-21.

The habeas court found that Sgroi’s testimony identifying “mistakes, flaws and omissions” in the petitioner’s [51]

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Related

Michael T. v. Commissioner of Correction
Supreme Court of Connecticut, 2015
Roger B. v. Commissioner of Correction
Connecticut Appellate Court, 2015

Cite This Page — Counsel Stack

Bluebook (online)
71 A.3d 660, 144 Conn. App. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-t-v-commissioner-of-correction-connappct-2013.