State v. Daugaard

630 A.2d 96, 32 Conn. App. 483, 1993 Conn. App. LEXIS 375
CourtConnecticut Appellate Court
DecidedAugust 17, 1993
Docket10709
StatusPublished
Cited by8 cases

This text of 630 A.2d 96 (State v. Daugaard) 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. Daugaard, 630 A.2d 96, 32 Conn. App. 483, 1993 Conn. App. LEXIS 375 (Colo. Ct. App. 1993).

Opinion

Dupont, C. J.

The defendant appeals from a judgment of conviction, rendered after a jury trial, of one count of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1). He claims that (1) the state’s suppression of allegedly material evidence favorable to him violated his constitutional right to a fair trial, (2) the trial court abused its discretion by denying his request for a continuance so that he could subpoena the victim to testify, (3) the trial court improperly admitted evidence that was obtained pursuant to an illegal warrantless arrest, and (4) the trial court improperly admitted testimony detailing the defendant’s invocation of various constitutional rights. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. At approximately 11 p.m. on May 30,1990, the victim was sitting on the front steps of her apartment building in West Haven when Michael Murray, Kristen Anderson and the defendant arrived in the defendant’s car. Murray lived in the same building and he and Anderson were friends of the victim, but the defendant was unknown to the victim.

Murray invited the victim to his apartment, and the four drank there until the liquor they had was consumed. The victim then said that she knew the location of an after-hours club where they could purchase more. The defendant and the victim left to purchase liquor. The defendant told the victim that he wanted to drive because the car belonged to his sister and was not registered.

[486]*486When the victim noticed that the defendant was ignoring her directions, she became frightened and demanded that the defendant drive her back to Murray’s apartment. The defendant told the victim that “she wasn’t going anywhere” and that he was “taking her to Las Vegas to be a prostitute.” The defendant then punched the victim in the face and forced her head under the dashboard so that she was unable to see where they were going, although she was able briefly to see a highway sign that read “Wallingford-North Haven.”

The victim testified that eventually the defendant drove the car off the highway to a secluded spot down a small, narrow road lined with tall weeds. The victim testified that she could see cars on the highway nearby, but that the area where the car had stopped was secluded and that there was no way that she could escape. The defendant pulled the victim into the backseat of the car and sexually assaulted her. After the attack, the defendant allowed the victim to leave the car and she walked to the highway and hitchhiked back to the apartment building.

Upon arriving at Murray’s apartment, the victim related details of the attack to Anderson and Murray, who called the West Haven police department. A West Haven police officer took the victim to Yale-New Haven Hospital where she was examined by several physicians. The victim was then interviewed at the hospital by Detectives Theodore Milewski and Patricia Miranda of the Wallingford police department. After the victim was released from the hospital, the detectives twice unsuccessfully attempted to ascertain the location of the attack by driving around the New Haven area with the victim.

The morning following the assault, the West Haven police received a call from the defendant’s sister com[487]*487plaining that the defendant had taken her car without her permission on the previous evening. The West Haven police arrested the defendant, without a warrant, at his sister’s house where he lived, and charged him with using his sister’s car without permission in violation of General Statutes § 53a-119b. Later, while the defendant was incarcerated at the West Haven police station in connection with the car theft, detectives from the Wallingford police department interviewed him in connection with their investigation of the sexual assault.

I

The defendant’s first claim is that the state withheld favorable and material evidence from him, thus violating his constitutional right to a fair trial. Related to this claim is the defendant’s assertion that the trial court abused its discretion by denying his request for a continuance so that he could subpoena the victim to testify as a defense witness regarding the evidence that the state allegedly withheld from him. Both parties agree that the two claims are interrelated, and we, therefore, will consider them together.

Prior to trial, the defendant moved to compel the state to disclose all exculpatory information and materials. The motion was granted and the state turned over numerous documents to the defendant. Later, at the conclusion of the victim’s direct testimony at trial, the state gave the defendant a copy of the victim’s formal statement as required by General Statutes § 54-86b and Practice Book § 752.1 The defendant then conducted a voir dire examination of the victim to determine whether any discoverable materials existed in addition [488]*488to those already disclosed. After voir dire, the defendant served a subpoena on the Wallingford police department seeking all police reports prepared in the course of their investigation. In response, the requested reports, including two narrative reports prepared by Miranda, were delivered to the court, which ordered that they be sealed and marked as a court’s exhibit.

The defendant requested that the court, Ripley, J., conduct an in camera review of the sealed reports in order to ascertain whether the defendant was entitled to any of them pursuant to the court’s earlier discovery order. The court refused. The trial continued, and the defendant conducted an extensive cross-examination of the victim. Upon completion of her testimony, the victim returned to California where she had relocated after the incident.

The state proceeded to present its case, including testimony by Miranda. At the completion of Miranda’s direct testimony, the state provided the defendant with two narrative reports Miranda had prepared. The first of these reports, defense exhibit eleven for identification, comprises the basis of the defendant’s claims.2 Miranda’s report states that while she and Milewski [489]*489were driving around with the victim on the morning following the assault in an attempt to locate the scene of the assault, the victim “mentioned that she believed the location of the sexual assault was in a rest area off the highway, which had a tourist information center.”

After receiving the report, the defendant moved to compel the state to produce the victim and to reopen her cross-examination, claiming that the victim’s description of the location of the assault, as related in Miranda’s report, contradicted the victim’s testimony on direct examination3 and the description in her formal statement.4 The court denied the motion. The [490]*490defendant then moved for a continuance so that he could subpoena the victim and present her as part of his case. This motion was also denied. The defendant was permitted, however, to cross-examine Miranda regarding the victim’s statement that the location of the assault was “in a rest area off the highway.” In response to defense questioning, Miranda testified that her report was in error and that the victim had told her that the attack had taken place “near” a rest area, not “in” a rest area as stated in her report.

A

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State v. Luurtsema
811 A.2d 223 (Supreme Court of Connecticut, 2002)
State v. Marinoccio, No. Cr01111669s (Aug. 24, 2001)
2001 Conn. Super. Ct. 12119 (Connecticut Superior Court, 2001)
State v. Wilcox
758 A.2d 824 (Supreme Court of Connecticut, 2000)
Lewis v. Warden, No. Cv 93-0001767 (Nov. 15, 1999)
1999 Conn. Super. Ct. 15168 (Connecticut Superior Court, 1999)
State v. Blackman
716 A.2d 101 (Supreme Court of Connecticut, 1998)
State v. Stinson
633 A.2d 728 (Connecticut Appellate Court, 1993)
State v. Daugaard
634 A.2d 298 (Supreme Court of Connecticut, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
630 A.2d 96, 32 Conn. App. 483, 1993 Conn. App. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daugaard-connappct-1993.