State v. Hasan

534 A.2d 877, 205 Conn. 485, 71 A.L.R. 4th 1137, 1987 Conn. LEXIS 1063
CourtSupreme Court of Connecticut
DecidedDecember 15, 1987
Docket13074
StatusPublished
Cited by41 cases

This text of 534 A.2d 877 (State v. Hasan) 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. Hasan, 534 A.2d 877, 205 Conn. 485, 71 A.L.R. 4th 1137, 1987 Conn. LEXIS 1063 (Colo. 1987).

Opinion

Hull, J.

The sole issue in this appeal is whether the trial court erred in admitting the testimony of a podiatrist identifying as the defendant’s a pair of sneakers linked to the scene of the crimes with which he was charged.

After a jury trial, the defendant, Wendell Hasan, was found guilty of felony murder; General Statutes § 53a-54c;1 and burglary in the first degree. General Statutes § 53a-101 (a) (2).2 This appeal followed.

The jury could reasonably have found the following facts. On July 2, 1985, the police were called to the home of George and Rachel Tyler to investigate a possible homicide. The police found George Tyler dead in the kitchen, Rachel Tyler injured, and the premises apparently ransacked. The Tylers’ son and daughter-in-law determined that George Tyler’s wallet was missing as was some of Rachel Tyler’s jewelry. Among the evidence secured by the police were broken glass and linoleum bearing a bloody footprint made by a sneaker. Police suspicion turned to the defendant when, [487]*487on July 5, 1985, a plumber repairing a clogged toilet in a South Norwalk apartment found two credit cards belonging to George Tyler to be the cause of the clog. The plumber turned the cards over to the owner of the apartment, who reported the find to the police. The police obtained a warrant to search the apartment.

The defendant had been living at the South Norwalk apartment intermittently; it was also occupied by his mother, stepfather, his brother, James Singleton, two sisters and James’ girlfriend. Pursuant to the warrant, the police seized several pairs of shoes, including a pair of size ten Puma low cut sneakers which they found at the foot of the bed in which James and his girlfriend slept. The bedroom was actually the defendant’s and most of the belongings there were his. James told the police that the sneakers were the defendant’s and that his own shoe size was thirteen. During custodial interrogation, the defendant stated that the apartment was his primary residence and that he owned a pair of Puma sneakers liked the ones seized.

The conviction depended in large measure on circumstantial evidence. Glass shards and linoleum fibers found in the sole of one of the sneakers, were similar to the mass produced glass and linoleum located at the crime scene, but could not be positively identified as having come from there. Similarly, human blood detected on the sneakers was consistent with the victims’ blood, but could not be positively identified as theirs. During trial, a forensic expert from the Connecticut state police forensic laboratory identified the Puma sneakers as those that made the footprints on the Tylers’ kitchen floor. James testified that the defendant had been in and out of the apartment between July 1 and July 3,1985, and that he had concluded that the sneakers belonged to the defendant because they were in his room under his bed. A former cellmate of the defendant testified that the defendant had admitted to having taken part in the crimes.

[488]*488In addition to the foregoing, the jury heard the testimony of Dr. Robert Rinaldi, a podiatrist called by the state as an expert witness, who concluded “within reasonable podiatric certainty” that based on his examination of the sneakers and the defendant’s feet, the sneakers belonged to the defendant. The defendant excepted to the admission of this testimony3 and appeals on this ground.

The admissibility of expert testimony depends on whether the witness offered as an expert possesses “ ‘ “any peculiar knowledge or experience, not common to the world, which renders [his] opinions founded on such knowledge or experience any aid to the court or the jury in determining the questions at issue.” ’ ” State v. Girolamo, 197 Conn. 201, 214, 496 A.2d 948 (1985); State v. Esposito, 192 Conn. 166,175, 471 A.2d 949 (1984); C. Tait & J. LaPlante, Connecticut Evidence (1976) § 7.16, p. 96. The knowledge may be drawn from reading alone, from experience alone, or from both. State v. Esposito, supra. Whether a witness is qualified to testify as an expert is a matter that lies within the discretion of the trial court. State v. Palmer, 196 Conn. 157,167, 491 A.2d 1075 (1985). Expert testimony is admissible if the witness possesses a special skill or knowledge directly applicable to a matter in issue, the skill or knowledge is not commonly shared by the average person, and the testimony would be helpful to the court or jury in considering the issues; State v. Kemp, 199 Conn. 473, 476, 507 A.2d 1387 (1986); or in teaching the jury to view items of physical evidence by focusing their attention on certain salient features. State v. Palmer, supra, 166. Absent an abuse of discretion, we will not disturb a trial court’s decision in admitting or excluding such testimony. Id.

[489]*489Many jurisdictions have adopted a special rule for admissibility of scientific evidence, in accordance with Frye v. United States, 293 F. 1013 (D.C. App. 1923). C. Tait & J. LaPlante, Connecticut Evidence (1983 Sup.) § 7.16, p. 55; C. McCormick, Evidence (3d Ed. 1984) § 203, p. 606. There the court stated: “Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs.” Frye v. United States, supra, 1014.

The Frye “general acceptance” test has been employed to assess the admissibility of spectrographic voice analysis; People v. Kelly, 17 Cal. 3d 24, 549 P.2d 1240, 130 Cal. Rptr. 144 (1976); Commonwealth v. Lykus, 367 Mass. 191, 327 N.E. 2d 671 (1975); ion microprobic analysis of hair samples; United States v. Brown, 557 F.2d 541 (6th Cir. 1977); and hypnotically refreshed recollection. People v. Shirley, 31 Cal. 3d 18, 641 P.2d 775,181 Cal. Rptr. 243, cert. denied, 459 U.S. 860,103 S. Ct. 133, 74 L. Ed. 2d 114 (1982). We have acknowledged that Frye sets forth the prevailing standard for evaluating the admissibility of evidence derived from innovative scientific techniques. Moore v. McNamara, 201 Conn. 16, 30, 513 A.2d 660 (1986). We have expressly applied it to polygraph testing; State v. Miller, 202 Conn. 463, 484, 522 A.2d 249 (1987); and to human leukocyte antigen testing for paternity. Moore v. McNamara, supra. We have applied the “general acceptance” standard, without reference to Frye, in State v. Mitchell, 169 Conn. 161, 169-70, 362 A.2d 808 (1975) (polygraph testing), Molino v. Board of Pub[490]*490lic Safety, 154 Conn. 368, 376-77, 225 A.2d 805

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Bluebook (online)
534 A.2d 877, 205 Conn. 485, 71 A.L.R. 4th 1137, 1987 Conn. LEXIS 1063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hasan-conn-1987.