State v. Carrillo

209 Conn. App. 213
CourtConnecticut Appellate Court
DecidedDecember 14, 2021
DocketAC43529
StatusPublished
Cited by1 cases

This text of 209 Conn. App. 213 (State v. Carrillo) 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. Carrillo, 209 Conn. App. 213 (Colo. Ct. App. 2021).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** STATE OF CONNECTICUT v. GILBERTO PATRICIO CARRILLO (AC 43529) Bright, C. J., and Clark and Eveleigh, Js.

Syllabus

The defendant, who had been convicted of the crimes of sexual assault and risk of injury to a child, appealed to this court from the judgment of the trial court, claiming that he was deprived of his right to a fair trial as a result of certain improprieties the prosecutor committed during closing and rebuttal arguments to the jury. The defendant had engaged in various incidents of sexual behavior with his girlfriend’s ten year old daughter who, thereafter, underwent a forensic interview by a single social worker. The defendant, who did not object at trial to any of the alleged improprieties, claimed that the prosecutor argued to the jury facts that were not in evidence, vouched for the credibility of the state’s witnesses, appealed to the emotions of the jurors, and impugned the integrity and institutional role of defense counsel. Held: 1. The prosecutor made certain comments to the jury that were not supported by the record and were unconnected to the issues in the case: a. Although it was not improper for the prosecutor to state to the jury that the procedure of having one social worker conduct a forensic interview of the minor child was designed to achieve the most unbiased and reliable interview of the child and that a child who talks with a medical provider will provide accurate information, the prosecutor improperly stated that the child could not have a point of reference as to certain sexual experi- ences due to her age, as that comment was not supported by the evidence and concerned issues that were for the jury to determine; moreover, the prosecutor’s bald assertion that fathers do not sexually abuse their children amounted to improper, unsworn evidence that was unsupported by the record, as it did not ask the jurors to utilize their common sense to assess or draw reasonable inferences from the evidence, and his statement that the social worker testified that it was not unusual for a child to sleep in the same bed with her noncustodial parent during visitation also was improper, as it was unsupported by the record. b. The defendant’s assertion that the prosecutor improperly vouched for the minor child’s credibility was unavailing: the prosecutor properly invited the jury to draw reasonable inferences from the evidence when he stated that any consistencies in the witnesses’ testimony clearly fell under the category of an innocent lapse in memory rather than an inten- tional and malicious attempt to mislead, as his comment was not directed toward the child’s testimony but to that of all the witnesses and was made in the context of reminding the jurors that it was their role to determine the credibility of the witnesses; moreover, the prosecutor’s statement that a child, like an adult, would give medical personnel accu- rate information was based on a reasonable inference from the child’s testimony about the effect of the defendant’s conduct on the growth of her breasts. c. Although the prosecutor improperly remarked that the minor child was bilingual and was trying to learn a language, as well as keeping her own culture, which had no connection to the issues in the case, the defendant’s claims that the prosecutor improperly appealed to the jurors’ emotions were unavailing: the prosecutor’s invitation to the jurors to consider whether they would want their children or grandchildren to go through multiple rounds of interviews if they had been sexually abused drew from the evidence and invited the jurors, who had heard the child’s experience, to draw from their common sense and experience; moreover, although the prosecutor improperly invited the jurors to draw an infer- ence that was based on facts that were not in evidence when he asked them to consider whether their children or grandchildren would have had any frame of reference for understanding that something sexual such as having their nipples sucked was improper, it did not suggest that the jurors should do so on the basis of emotion, and the prosecutor’s comment that sexual abuse goes against the core of our being to protect, nurture and raise children appropriately was in response to defense counsel’s statements to the jury that the case involved facts and crimes that were outside the bounds of morality. d. The prosecutor’s statement that defense counsel ‘‘bashed’’ the wit- nesses during cross-examination did not overstep the bounds of permissi- ble argument, as the prosecutor’s statement was based on the evidence and the state’s burden to prove its case, and was not a suggestion that defense counsel acted improperly: although this court did not condone the use of the word bash, its use was not intended to mislead the jury but, rather, described what the prosecutor viewed as defense counsel’s emphasis during closing argument on his assertion that the state failed to meet its burden of proof because its witnesses were unreliable; more- over, the prosecutor stated that defense counsel had a different read on the case, which was not unusual, because that was counsel’s job, and the prosecutor argued that the jurors should rely on the witnesses, despite defense counsel’s criticisms; furthermore, the prosecutor put his comments to the jury in context when he stated that, although the jury may not have liked how counsel tried the case, the bottom line was whether the elements of the crimes were proven beyond a reasonable doubt. 2.

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Related

State v. Smith
213 Conn. App. 848 (Connecticut Appellate Court, 2022)

Cite This Page — Counsel Stack

Bluebook (online)
209 Conn. App. 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carrillo-connappct-2021.