State v. Angel C.

46 A.3d 1020, 137 Conn. App. 84, 2012 WL 2892211, 2012 Conn. App. LEXIS 349
CourtConnecticut Appellate Court
DecidedJuly 24, 2012
DocketAC 34019
StatusPublished
Cited by1 cases

This text of 46 A.3d 1020 (State v. Angel C.) 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
State v. Angel C., 46 A.3d 1020, 137 Conn. App. 84, 2012 WL 2892211, 2012 Conn. App. LEXIS 349 (Colo. Ct. App. 2012).

Opinion

Opinion

ESPINOSA, J.

The defendant, Angel C., appeals from the judgment of conviction, rendered following a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), sexual assault in the second degree in violation of General Statutes § 53a-71 (a) (4), sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) and risk of injury [86]*86to a child in violation of General Statutes § 53-21 (a) (2).1 The defendant claims that the trial court improperly (1) denied his motion to suppress evidence and (2) admitted certain evidence. We affirm the judgment of the trial court.

On the basis of the evidence presented at trial, the jury reasonably could have found the following facts. In 1996, when the female victim was six years of age, the defendant and the victim’s mother began a long-term romantic relationship while living in Peru. The defendant and the victim’s mother later had two children together, moved to East Hartford and were married. The victim lived at the family residence with her half-siblings, her mother and the defendant. The defendant exercised a great deal of influence and control over what occurred in the household, such that the victim was subservient to him and feared him. From the time that the victim was ten years of age, the defendant forcibly engaged in frequent and secretive sexual activities with her. These activities began with the defendant touching the victim’s private parts over her clothing with his hands and penis. They escalated to the defendant digitally penetrating the victim’s vagina. The defendant compelled the victim to view pornography and to masturbate him. Finally, from the time that the victim was fourteen years of age until she was eighteen years of age, the defendant engaged in penile-vaginal intercourse with the victim on nearly a daily basis.

For many years, the victim, who was emotionally traumatized by the defendant’s assaultive conduct, did not bring the defendant’s activities to light because of the defendant’s role as the head of the family, her fear that doing so would tear the family apart and her fear that the defendant would abuse her siblings. Additionally, the defendant often told the victim that he loved [87]*87her and bought gifts for her. When the victim was a senior in high school, she began to experience panic attacks. During an ensuing psychiatric evaluation, she revealed the sexual abuse committed by her stepfather, the defendant. The defendant’s arrest followed.2 The present appeal followed the defendant’s conviction and sentencing.

I

First, the defendant claims that the court improperly denied his motion to suppress inculpatory statements that he made on January 11, 2008, to Patrick Sullivan, an East Hartford police officer, prior to his arrest. We disagree.

Prior to trial, the defendant filed a written motion to suppress the statements on the ground that his Miranda rights were violated.3 After holding an evidentiary hearing, the court issued a memorandum of decision denying the defendant’s motion. The following facts found by the court are relevant to the defendant’s claim: “On November 16, 2007, the East Hartford police department received a complaint that [the victim] had been sexually assaulted by her stepfather, the defendant, over a period of seven years. Officer Patrick Sullivan from the department’s juvenile division investigated the complaint. Based on the allegations, the defendant was his only suspect.

“Officer Sullivan first met the defendant on November 16, 2007. On that day he went to the home where the defendant and his wife, [W], and stepdaughter, [the [88]*88victim], resided. The officer advised the defendant of the allegations made and asked the defendant to leave the residence during the pendency of the investigation. The defendant complied with the officer’s request. All communication was in English. The defendant appeared to understand the conversation and responded appropriately.

“On November 29, 2007, Officer Sullivan called the defendant at his place of employment and requested that the defendant come to the East Hartford police department for an interview. The defendant chose the date and time for that interview, the afternoon of December 6, 2007. He provided his own transportation both to and from the police department. At the time of the interview, the defendant was still a suspect but he was not under arrest. He was not in custody.

“Officer Sullivan spoke with the defendant in a room located in the police department juvenile division. It was a standard interview room with a desk, chairs, a television and mirror. Aware that the defendant was bom in Pern, Officer Sullivan asked that Officer Rosario, a bilingual officer, observe the interview and translate if necessary.

“Officer Sullivan spoke with the defendant in English. The defendant responded in English. He did not exhibit any difficulty comprehending the English language. Officer Sullivan could understand the defendant’s responses.

“Officer Sullivan read the defendant’s Miranda rights. The defendant acknowledged the individual rights, initialing each on the police form used by Officer Sullivan. The defendant also provided his name, age, and education. He stated that he could read, write, and understand English. The defendant was aware that he could leave the interview room at any time.

[89]*89“Officer Sullivan advised the defendant that [the victim] had made some serious allegations involving the defendant, specifically sexual assault. The defendant denied all allegations, stating that there had never been any sexual contact.

“The first interview lasted approximately one hour. At the conclusion, Officer Sullivan offered the defendant an opportunity to [submit to] a polygraph [examination]. The defendant was hesitant and asked to speak with counsel before committing to a he detector test. At that point the interview ended and the defendant left the police station.

“Several weeks later, Officer Sullivan phoned the defendant and asked if the defendant had consulted an attorney about the polygraph test offer. At that time, the defendant had not made any decision.

“After that conversation, the defendant met [with W], who confronted him and demanded the truth. Initially the defendant denied any sexual contact. He subsequently told [W] that he and [the victim] were in love. He claimed the romance began after [the victim’s] sixteenth birthday and eventually progressed to sexual intercourse.

“[W] told Officer Sullivan about her meeting with the defendant. Based on [W’s] information, Officer Sullivan phoned the defendant and requested an interview. He and the defendant agreed to meet at the East Hartford police station on January 11,2008. Once again the defendant provided his own transportation to the police station. He and Officer Sullivan communicated in English. The interview occurred in the same room that the parties had used in December, 2007.

“As the defendant and Officer Sullivan walked to the interview room, the defendant indicated that he needed to talk. The officer read the defendant’s Miranda rights. [90]*90The defendant again acknowledged each right and signed the accompanying waiver form. The defendant did not have any difficulty either understanding the officer or responding to questions.

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Related

Angel C. v. Commissioner of Correction
226 Conn. App. 837 (Connecticut Appellate Court, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
46 A.3d 1020, 137 Conn. App. 84, 2012 WL 2892211, 2012 Conn. App. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-angel-c-connappct-2012.