State v. Carter

458 A.2d 379, 189 Conn. 631, 1983 Conn. LEXIS 481
CourtSupreme Court of Connecticut
DecidedApril 5, 1983
Docket10149
StatusPublished
Cited by73 cases

This text of 458 A.2d 379 (State v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carter, 458 A.2d 379, 189 Conn. 631, 1983 Conn. LEXIS 481 (Colo. 1983).

Opinion

Shea, J.

The defendant in this case was also the defendant in State v. Carter, 189 Conn. 611, 458 A.2d 369 (1983) (Carter I), where we set aside his conviction on a count of burglary in the first degree and remanded for further proceedings, but affirmed his conviction of sexual assault in the first degree in violation of General Statutes § 53a-70 (a). About one month after the trial of Carter I, the defendant was tried before a jury on a separate information and was found guilty of burglary in the second degree, General Statutes § 53a-102 (a), and of sexual assault in the first degree, General Statutes § 53a-70 (a), based upon an incident which occurred on April 23, 1979, about three weeks prior to the date of the Carter I offenses. In his appeal from the judgment, the defendant has raised some issues involving the lawfulness of the action of the police in stopping and detaining him. We have discussed these claims fully and resolved them against him in Carter I. Additionally he assigns error (1) in the admission of a confession, which followed the two confessions referred to in Carter I, and which is claimed to have been involuntary; (2) in allowing the use of an earlier confession to an unrelated crime to impeach him; (3) in permitting his prior convictions for similar crimes, including those in Carter I, to be used for impeachment; (4) in charging the jury upon some provisions of § 53a-70 (a) which were not within the scope of the offense as alleged in the information; and (5) in failing to give a requested instruction upon the effect of a prior inconsistent statement. We find error only in the use of the sexual assault conviction in Carter I for the purpose of impeachment.

The complainant was a widow seventy-seven years old who had recently returned to her home [634]*634in Greenwich after a period of hospitalization for surgery. She testified that she had been asleep in her upstairs bedroom until some time after midnight when someone bounced on the bed and clamped a hand over her face, saying “Don’t scream or I’ll kill you.” Her assailant then grabbed her throat and repeated this threat. He proceeded to rape the complainant. After the assault she discovered that her face was bleeding. There was no illumination in the bedroom and the assailant kept his face covered with a towel. The complainant could describe her assailant only as a black male about twenty-five or twenty-six years old and about five feet ten or eleven inches in height with “short hair brushed up” and a “very nice voice.” The defendant was identified as the perpetrator of the offense only by the admission of his confession into evidence.

In Carter I we detailed the circumstances which led the police to accost the defendant as he was riding his bicycle on River Road, Greenwich, at about 3:10 a.m. on May 31, 1979, and to hold him for a brief period of time as a suspect in connection with a very recent burglary of a residence in the vicinity. We found no illegality in that detention or in his arrest for that burglary, which was made after the tread of the sneakers worn by the defendant was found by the police to match a footprint discovered within the residence. Accordingly, we rejected the defendant’s claim that his confessions to three separate crimes made subsequent to his arrest were the product of an unlawful seizure of his person and should be suppressed on that ground. See Dunaway v. New York, 442 U.S. 200, 99 S. Ct. 2248, 60 L. Ed. 2d 824 (1979); Brown v. Illinois, 422 U.S. 590, 95 S. Ct. 2254, 45 L. Ed. 2d 416 (1975). As the defendant concedes, the dis[635]*635position of Carter I has removed that basis for claiming that either of the two confessions used against him at the trial in the present case was improperly admitted.

I

The defendant claims involuntariness as an additional ground for excluding his confession to the crimes of April 23, 1979, for which he has been convicted in this case. In Carter I we examined a similar claim which was made with respect to his confession to the offenses of May 16, 1979, for which he was convicted in that case. We concluded that the evidence adequately supported the finding of the trial court that the defendant had knowingly and voluntarily waived his constitutional right against self-incrimination. In reviewing the circumstances leading to that confession we described how the defendant, after being warned of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), and being interrogated for less than one hour, confessed, at about 5:30 a.m., to the burglary of a house on Cary Road, Greenwich, on May 31, 1979, for which he had been arrested initially. After that confession, which included a detailed acknowledgement of the Miranda warning, had been executed, the questioning of the defendant by two Greenwich police officers continued for approximately three hours. At about 8:45 a.m. the defendant confessed to the burglary and sexual assault of May 16, 1979, and executed a second written confession, which contained a similar Miranda warning form.

We resume our narrative of the circumstances of the interrogation of the defendant by Officers Roland H. Hennessey and Theodore J. Brosko in [636]*636a room at the Greenwich police station at the point where the defendant had finished signing the second confession, which Brosko had begun to type at 8:45 a.m. The defendant wrote a note on his confession stating that he had voluntarily turned himself in to the police and that he needed “help from someone.”1 He had previously mentioned that “he needed help because he kept doing this” and, after giving the second confession, he said that he must have been sick to have committed such a crime. In response, Hennessey promised to speak to a judge and a prosecutor in order to obtain some kind of psychological assistance for the defendant. Later that day, after the interrogation had ended, Hen-nessey did fulfill his promise to attempt to obtain such aid.

After completion of the second confession the officers began to question the defendant about a burglary — rape incident which had occurred in Greenwich on April 23, 1979, which was similar in many respects to the May 31, 1979 occurrence described in the second confession. At 11:30 a.m., after about two and one half hours had elapsed, Brosko began to type a third confession of the defendant in which he admitted his involvement in the crimes of April 23, 1979, with which he was charged in this case. This confession also contained the standard Miranda warning, each paragraph of which the defendant initialed after reading it aloud. The defendant executed this confession with the same formalities observed for his two earlier con[637]*637fessions. At some time between the second and third confessions, coffee, milk and sandwiches were brought into the room and the defendant ate something. He appeared sleepy and tired at a point near the end of the interrogation, but never requested that the questioning be terminated. He spoke intelligibly, did not appear to be under the influence of alcohol or drugs, and did not mention his injured leg until after the confessions had been completed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ares
345 Conn. 290 (Supreme Court of Connecticut, 2022)
State v. Griffin
339 Conn. 631 (Supreme Court of Connecticut, 2021)
State v. Bellamy
89 A.3d 927 (Connecticut Appellate Court, 2014)
State v. Abreu
941 A.2d 974 (Connecticut Appellate Court, 2008)
State of Connecticut v. Alex Sostre.
2002 Conn. Super. Ct. 13521 (Connecticut Superior Court, 2002)
State v. Sostre
831 A.2d 844 (Connecticut Superior Court, 2002)
State v. Walker, No. Cr96-0090077-T (Sep. 28, 2000)
2000 Conn. Super. Ct. 11974 (Connecticut Superior Court, 2000)
State v. Alexander
755 A.2d 868 (Supreme Court of Connecticut, 2000)
State v. Watts, No. Cr98-525500 (Apr. 13, 2000)
2000 Conn. Super. Ct. 4421 (Connecticut Superior Court, 2000)
State v. Small
700 A.2d 617 (Supreme Court of Connecticut, 1997)
State v. Bova
690 A.2d 1370 (Supreme Court of Connecticut, 1997)
State v. Cassidy
672 A.2d 899 (Supreme Court of Connecticut, 1996)
State v. Jones
662 A.2d 1199 (Supreme Court of Connecticut, 1995)
State v. Chapman
643 A.2d 1213 (Supreme Court of Connecticut, 1994)
State v. Carter
636 A.2d 821 (Supreme Court of Connecticut, 1994)
State v. Rivera
602 A.2d 571 (Supreme Court of Connecticut, 1992)
State v. Pinnock
601 A.2d 521 (Supreme Court of Connecticut, 1992)
State v. Horne
577 A.2d 694 (Supreme Court of Connecticut, 1990)
State v. James
560 A.2d 426 (Supreme Court of Connecticut, 1989)
State v. Anderson
547 A.2d 1368 (Connecticut Appellate Court, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
458 A.2d 379, 189 Conn. 631, 1983 Conn. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carter-conn-1983.