State v. Campbell

60 A.3d 967, 141 Conn. App. 55, 2013 WL 616303, 2013 Conn. App. LEXIS 107
CourtConnecticut Appellate Court
DecidedFebruary 26, 2013
DocketAC 33142
StatusPublished
Cited by5 cases

This text of 60 A.3d 967 (State v. Campbell) 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. Campbell, 60 A.3d 967, 141 Conn. App. 55, 2013 WL 616303, 2013 Conn. App. LEXIS 107 (Colo. Ct. App. 2013).

Opinions

Opinion

DiPENTIMA, C. J.

The defendant, Milton Campbell, appeals from his conviction of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), and of being a persistent serious felony offender in violation of General Statutes § 53a-40 (c) and (j). On appeal, the defendant claims that he was deprived of a fair trial due to improper statements made by the prosecutor during closing arguments. We disagree that the prosecutor’s statements deprived the defendant of a fair trial, and therefore affirm the judgment of conviction.

The jury reasonably could have found the following facts. The victim met the defendant in a substance abuse program in 2009. The victim1 checked into the program for her use of cocaine. In November, 2009, the victim and the defendant agreed to get high together. The victim picked the defendant up from his home in Bridgeport on November 6, 2009. After purchasing alcohol from a local store and obtaining cocaine, the victim went back with the defendant to his home, where they consumed the alcohol and she used her cocaine. Once she had consumed the drugs, the victim intended to leave the defendant’s house, but the defendant blocked [58]*58her way and made sexual advances toward her. The defendant turned off the light, and the victim felt something sharp against her throat, which she thought was a knife. The defendant then instructed the victim to take off her clothes. Fearing for her safety, the victim complied, but asked the defendant to use a condom. The defendant put on a condom and proceeded to have intercourse with the victim both vaginally and anally. At a certain point, the defendant stopped, and the victim asked to go to the bathroom, but the defendant would not permit her to do so. The victim testified that the defendant seemed to go into a kind of “zone” of semi-consciousness, and, in that time, she called his father, who lived upstairs, and 911. The Bridgeport police responded to the victim’s call, but when they knocked on the door, the defendant held his hands around the victim’s throat to keep her quiet. The police left the defendant’s residence, and the victim asked to use the bathroom again. The defendant allowed her to go, and when she was finished, he went into the bathroom. While he was in the bathroom, the victim ran out of the house to her car, which was parked on the street outside, wearing only a T-shirt and socks. After driving for a short period, the victim pulled over and called 911 again.

The police arrived at the victim’s vehicle, provided her with a blanket and sent her to a hospital. At the hospital, the victim underwent a physical examination through the use of a rape kit2 and was given antipreg-nancy and antiJEHV medication, in addition to a shot for sexually transmitted diseases. The police questioned [59]*59the victim at the hospital, and she gave them a description of the defendant, as well as the details of the incident.

The next day, November 7, 2009, the defendant was arrested at his home. In an amended information, the defendant was charged with sexual assault in the first degree in violation of § 53a-70 (a) (1), kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), and being a persistent serious felony offender pursuant to § 53a-40 (c) and (j). The defendant pleaded not guilty to the sexual assault and kidnapping charges.

The trial began on October 22, 2010. The state presented evidence that included the results of the victim’s rape kit examination, photographs of the defendant’s house, audio recordings of 911 calls made by the victim, a crack pipe, clothing recovered from the victim and from the defendant’s home on the night of the incident, the victim’s medical records, a forensic biology section report and a DNA section report. The state presented as a witness the nurse who examined the victim and, as expert witnesses, two forensic analysts from the state forensic science laboratory.

On October 29, 2010, the jury returned a verdict of guilty on the charge of sexual assault in the first degree, but failed to reach a verdict on the charge of kidnapping. The court declared a mistrial on the kidnapping count. Following the verdict, the court accepted the defendant’s plea of nolo contendere to the amended part B information. On January 10, 2011, the court sentenced the defendant to a term of twenty-five years imprisonment for sexual assault in the first degree, as enhanced by the charge of being a persistent serious felony offender. The state entered a nolle prosequi as to the count of kidnapping in the first degree. This appeal followed.

[60]*60The sole issue on appeal is whether the defendant was denied his right to a fair trial as a result of prosecutorial impropriety. Our standard of review concerning claims of prosecutorial impropriety is well settled. “[T]o deprive a defendant of his constitutional right to a fair trial . . . the prosecutor’s conduct must have so infected the trial with unfairness as to make the resulting conviction a denial of due process. . . . We do not focus alone, however, on the conduct of the prosecutor. The fairness of the trial and not the culpability of the prosecutor is the standard for analyzing the constitutional due process claims of criminal defendants alleging prosecutorial [impropriety].” (Internal quotation marks omitted.) State v. Johnson, 71 Conn. App. 272, 285, 801 A.2d 890, cert. denied, 261 Conn. 939, 808 A.2d 1133 (2002), cert. denied, 537 U.S. 1207, 123 S. Ct. 1286, 154 L. Ed. 2d 1052 (2003). In analyzing claims of prosecutorial impropriety, we engage in a two step process; each step is separate and distinct. See State v. Long, 293 Conn. 31, 36, 975 A.2d 660 (2009). “First, we must determine whether any impropriety in fact occurred; second, we must examine whether that impropriety, or the cumulative effect of multiple improprieties, deprived the defendant of his due process right to a fair trial.” (Internal quotation marks omitted.) State v. Moore, 293 Conn. 781, 808, 981 A.2d 1030 (2009), cert. denied, 560 U.S. 954, 130 S. Ct. 3386, 177 L. Ed. 2d 306 (2010).3

[61]*61I

We first turn to the question of whether prosecutorial impropriety occurred. “[A]n impropriety is an impropriety, regardless of its ultimate effect on the fairness of the trial.” State v. Long, supra, 293 Conn. 36. “[Prosecu-torial [impropriety] of a constitutional magnitude can occur in the course of closing arguments. ... In determining whether such [an impropriety] has occurred, the reviewing court must give due deference to the fact that [c]ounsel must be allowed a generous latitude in argument, as the limits of legitimate argument and fair comment cannot be determined precisely by rule and line, and something must be allowed for the zeal of counsel in the heat of argument. . . . Thus, as the state’s advocate, a prosecutor may argue the state’s case forcefully . . . .” (Internal quotation marks omitted.) State v. Ovechka, 118 Conn. App. 733, 744, 984 A.2d 796, cert. denied, 295 Conn. 905, 989 A.2d 120 (2010).

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Cite This Page — Counsel Stack

Bluebook (online)
60 A.3d 967, 141 Conn. App. 55, 2013 WL 616303, 2013 Conn. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-campbell-connappct-2013.