State v. Coleman

699 A.2d 91, 241 Conn. 784, 1997 Conn. LEXIS 219
Supreme Court of Connecticut·Decided July 22, 1997·No. SC 15515·Published·Cited by 58 cases

Opinion

Opinion

MCDONALD, J.

The sole issue raised in this certified appeal is whether, under the circumstances of this case, the trial court improperly admitted into evidence testimony concerning four knives, as well as the knives themselves as the Appellate Court concluded. The defendant, Charles Coleman, was convicted after a jury trial of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), burglary in the second degree in violation of General Statutes § 53a-102 (a), sexual assault in the first degree in violation of General Statutes (Rev. to 1985) § 53a-70 (a), and unlawful restraint in the first degree in violation of General Statutes (Rev. to 1985) § 53a-95 (a).1 We granted the state’s petition [786] for certification to appeal2 to this court from the judgment of the Appellate Court, which had reversed the judgment of conviction.3 See State v. Coleman, 42 Conn. App. 78, 679 A.2d 950 (1996).

On appeal to this court, the state claims that the Appellate Court improperly concluded that the trial court should not have admitted evidence regarding the knives found in the defendant’s vehicle and on his per[787] son at the time of his arrest. We agree with the state and reverse the judgment of the Appellate Court.

There was evidence before the jury that the victim lived with her mother on the first floor of a two-family house in New Haven. “In the early morning hours of July 7, 1986, the victim was awakened by an assailant, who put his hand over her mouth. The assailant told the victim that if she did not do what he said, her mother would be harmed.” Id., 80-81. The assailant then had sexual intercourse with the victim against her will.

After her assailant had left, the victim “checked the doors and windows of the house. She noticed that the doors to the house were still locked, as they had been before she went to bed. The victim also noticed that the window in the living room was wide open, even though the screen had been down and in the locked position when she went to bed.” Id., 81.

When the police arrived, “they processed the scene for fingerprints, and found seven latent fingerprints on the windowsills of the window of entry and the victim’s bedroom window.” Id., 81. Two of the fingerprints found on the exterior of the bedroom window were identified as being those of the middle and ring fingers of the defendant’s right hand.4 Additionally, the police found that the window screens in the living room had been sliced on both sides with a sharp cutting instrument, and the assailant had reached through the slices in the screen in order to unlatch the locks and gain entry to the apartment.

The defendant was arrested the following day, July 8, 1986, in connection with this incident. At the time of the defendant’s arrest, he was sitting in his car and was carrying a knife. That knife was seized by the police, [788] who, acting pursuant to a search warrant, subsequently seized three more knives from the defendant’s automobile. At trial, the state sought to introduce evidence of the four knives claiming that they demonstrated that the defendant had the means with which to have cut the victim’s window screens, and could thereby have reached in with his fingers to unlatch the locks and enter the victim’s apartment. The defendant objected to the admission of any evidence regarding the knives, claiming that the evidence was irrelevant and more prejudicial than probative. The trial court overruled the objection, ruling that the evidence was relevant to establish the means of entry and that the objections were more suited to the weight of the evidence than to its admissibility.

The evidence admitted with respect to the four knives was the testimony of the officer who had executed the search warrant, Detective James Stephenson, and a stipulation regarding the testimony of the arresting officer, Detective Ray Della Camera.5 Additionally, the knives themselves were introduced as exhibits.

We begin our analysis with the well established laws of evidence. “Relevant evidence is evidence that has a logical tendency to aid the trier in the determination of an issue. . . . One fact is relevant to another if in [789] the common course of events the existence of one, alone or with other facts, renders the existence of the other either more certain or more probable. . . . Evidence is irrelevant or too remote if there is such a want of open and visible connection between the evidentiary and principal facts that, all things considered, the former is not worthy or safe to be admitted in the proof of the latter. . . . Evidence is not rendered inadmissible because it is not conclusive. All that is required is that the evidence tend to support a relevant fact even to a slight degree, so long as it is not prejudicial or merely cumulative.” (Citations omitted; emphasis in original; internal quotation marks omitted.) State v. Prioleau, 235 Conn. 274, 305, 664 A.2d 743 (1995).

Further, “[t]he trial court has broad discretion in ruling on the admissibility [and relevancy] of evidence. State v. Miller, 202 Conn. 463, 482, 522 A.2d 249 (1987). The trial court’s ruling on evidentiary matters will be overturned only upon a showing of a clear abuse of the court’s discretion. State v. Avis, 209 Conn. 290, 298, 551 A.2d 26 (1988), cert. denied, 489 U.S. 1097, 109 S. Ct. 1570, 103 L. Ed. 2d 937 (1989).” (Internal quotation marks omitted.) State v. Bruno, 236 Conn. 514, 549, 673 A.2d 1117 (1996). “We will make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.” State v. Kulmac, 230 Conn. 43, 61, 644 A.2d 887 (1994).

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State v. Coleman, 699 A.2d 91, 241 Conn. 784, 1997 Conn. LEXIS 219 (Colo. 1997).

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