State v. Douglas

525 A.2d 101, 203 Conn. 445, 1987 Conn. LEXIS 847
CourtSupreme Court of Connecticut
DecidedMay 5, 1987
Docket12945
StatusPublished
Cited by33 cases

This text of 525 A.2d 101 (State v. Douglas) 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. Douglas, 525 A.2d 101, 203 Conn. 445, 1987 Conn. LEXIS 847 (Colo. 1987).

Opinion

Callahan, J.

The defendant, Edward Douglas, was charged in an information with attempt to commit robbery in the first degree in violation of General Statutes §§ 53a-491 and 53a-134 (a) (4).2 The charges arose [447]*447from the attempt of a lone black male to rob the South Green branch of the Connecticut National Bank in Hartford on May 1, 1984. The defendant pleaded not guilty to the charge, electing a jury trial. On April 26, 1985, he was found guilty as charged, and was subsequently sentenced by the trial court to a two year term of imprisonment, the execution of which was suspended, and he was placed on probation for two years and ordered to perform 400 hours of community service. The defendant’s motion for a new trial was denied, and he thereafter filed an appeal to the Appellate Court which was later transferred to this court pursuant to Practice Book § 3004A3 (now § 4023).

On appeal, the defendant claims that the trial court: (1) erred in ruling that he could not present the expert opinion testimony of a physical anthropologist who analyzed photographs taken by the bank’s surveillance cameras; (2) erred in excluding from evidence photographic exhibits, prepared by the expert witness, which [448]*448juxtaposed photographs of the defendant with the surveillance photographs; and (3) violated his federal4 and state5 constitutional rights to present a defense. We find no error.

I

The only contested issue at trial was identification. The facts relevant to this issue are as follows: Employees of the South Green branch of the Connecticut National Bank testified that the robber entered the bank shortly before the 3 p.m. closing time. He requested information from two tellers, both of whom directed him to a customer service representative. After talking briefly to the customer service representative, the robber returned to the teller to whom he had initially spoken and handed him a note, requesting $12,000 in one hundred dollar bills. The note also threatened that the robber had a gun and that he would start shooting if an alarm were activated. The teller told the robber that [449]*449he could not comply with his request because “he did not have that kind of money.” The robber persisted, but eventually left the bank empty-handed without further incident.

During the robbery attempt, the bank’s surveillance cameras continually took photographs of the robber while he was at the teller’s window. During the investigation of the robbery, the negatives from the surveillance cameras were turned over to the authorities and developed. As a result, shortly thereafter, the defendant was identified, apprehended, and arrested.

At the trial, three tellers and the customer service representative, all of whom were working in the bank the afternoon of the robbery, testified as part of the state’s case-in-chief. The two tellers who had spoken to the robber each made in-court identifications of the defendant. The other teller and the customer service representative testified as to what had occurred, but they could not identify the defendant at trial. The state also introduced into evidence several photographs of the robber that had been taken by the bank’s surveillance cameras the afternoon of the attempted robbery. Subsequent to the introduction of the surveillance photographs, the state called six acquaintances of the defendant to testify, all of whom identified him as the person depicted in the bank surveillance photographs. Among the witnesses were his former girl friend and her mother, with whom the defendant had been residing at the time of the attempted robbery. In his defense, the accused proffered an alibi and testified that he was not the person depicted in the surveillance photographs. He also called to testify his mother, his current roommate and two acquaintances, all of whom opined that the defendant was not the man shown in the surveillance photographs.

The defendant then attempted to have qualified as an expert witness on the issue of identification, Alan [450]*450Mann, a “physical anthropologist.” Mann was an associate professor of anthropology at the University of Pennsylvania, where he taught biological anthropology. He also had been, for almost ten years, a consulting forensic anthropologist for the medical examiner in Philadelphia, specializing in the examination and identification of fragmentary human skeletal remains. A primary area of Mann’s research, study and expertise was, in his words, “those minor differences in nose shape, in shape of skeletal features and features that might be minor but, in essence, distinguish us all as individuals and different from anybody else.”

At a lengthy hearing outside the presence of the jury, the defendant made an offer of proof concerning the admissibility of Mann’s testimony. See State v. Conrod, 198 Conn. 592, 597, 504 A.2d 494 (1986). At the outset of that hearing, defense counsel informed the trial court that Mann had recently taken photographs of the defendant, that he would compare the photographs he had taken with the bank surveillance photographs and point out “certain distinctions” between the persons depicted. Defense counsel also told the trial court that Mann would express an opinion that the defendant was not the person shown in the bank surveillance photographs.

At the hearing, Mann testified as to the methodology he had used to photograph the defendant and said he believed his methods enabled him to duplicate, as nearly as possible, the conditions under which the surveillance photographs had been taken. He stated that to obtain that result he had gone to the branch bank where the crime had occurred and had observed the lighting, photographed the interior, calculated the angles of the surveillance cameras, and measured the distance between the surveillance cameras and the location where the robber had stood. He further testified that, thereafter, at another location, he had the defend[451]*451ant assume, as closely as possible, the various positions of the person shown in the bank surveillance photographs. He then took a number of photographs of the defendant from, what he determined to be, the angle and distance of the surveillance cameras. After cropping some of the photographs he had taken, and juxtaposing them with the surveillance photographs, he secured them with tape, and compared and analyzed them as to minute physical features: “the shape of his mouth, the size and extent of his nasal area, the shape and size of his jaw area, the size of his brow arches.” As a result of his examination of the photographs, Mann testified that he was convinced the defendant was not the individual depicted in the bank surveillance photographs, and that he could render an opinion to that effect with reasonable scientific certainty. The state objected.

It was brought out during the hearing that the bank surveillance photographs had been taken under fluorescent lighting with a 16mm camera, while Mann’s comparison photographs were taken outside in natural light using a 35mm camera with a 50mm lens. It was further revealed that, when Mann measured the angle of the surveillance cameras, he had assumed the cameras had not been moved since the date of the robbery because they were bolted to the wall; he did not, however, have any direct knowledge to that effect.

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Bluebook (online)
525 A.2d 101, 203 Conn. 445, 1987 Conn. LEXIS 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-douglas-conn-1987.