State v. Henry

608 A.2d 696, 27 Conn. App. 520, 1992 Conn. App. LEXIS 187
CourtConnecticut Appellate Court
DecidedMay 12, 1992
Docket9502
StatusPublished
Cited by10 cases

This text of 608 A.2d 696 (State v. Henry) 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. Henry, 608 A.2d 696, 27 Conn. App. 520, 1992 Conn. App. LEXIS 187 (Colo. Ct. App. 1992).

Opinion

Foti, J.

The defendant appeals from the judgment of conviction, rendered after a jury trial, of the crime of manslaughter in the first degree with intent to cause serious physical injury, in violation of General Statutes § 53a-55 (a) (l).1 The defendant claims that (1) prose-cutorial misconduct at trial and at the sentencing hearing deprived him of his constitutional right to a fair trial under the due process clauses of the state and federal [522]*522COnstitutionS,2 and (2) the trial court improperly admitted prejudicial hearsay evidence. We affirm the trial court’s judgment.

The facts, as relevant to the appeal, are as follows. On June 27, 1988, the defendant, William Henry, argued with Henry Louis Manson at the apartment they shared. Also present at the apartment was a third man, Barry Isaac. The defendant stabbed Manson eight times with a butcher knife and Manson fled into the bathroom where he died. The defendant asked Isaac to call an ambulance. The defendant then left the apartment, hiding the knife behind the carpet on a riser of the staircase between the second and third floors. He then went to a telephone booth and, after calling his sister, called the police to report the incident. After his arrest and transport to police headquarters, Henry gave a statement to the police describing the stabbing.

At trial, the defendant offered a defense that he was under extreme stress because of a history of violence in his relationship with Manson, which he said resulted in numerous fights. He claimed that Manson had threatened him with a pistol and that he feared Manson.

During his direct examination, Isaac testified that when he heard Manson scream he turned and witnessed the stabbing. He indicated that he did not hear anything Manson said other than the scream. During his cross-examination, defense counsel gave Isaac a copy of a written statement he had given to the police on the night of the stabbing to refresh his recollection. That statement indicated that Isaac had heard Manson say to the defendant, “Why do you always pull that knife out on me, can’t you do anything without that knife?” Isaac’s cross-examination dealt with facts unrelated to this question.

[523]*523On cross-examination of the defendant, the state inquired whether Manson had asked this question. The defendant responded that he did not recall Manson’s saying that. After the prosecution asked whether he had ever threatened Manson with a knife prior to the stabbing, the defendant stated that he had once pulled a butter knife on Manson. Defense counsel did not object.

Peter Zeman, a psychiatrist who testified as an expert witness on the defendant’s behalf, indicated that the defendant suffered from alcohol dependence, cocaine dependence, marihuana abuse and self-defeating personality traits. It was his opinion that the defendant was under extreme stress at the time of the stabbing, and was agitated, distraught, hysterical, and fearful for his own safety. He based his conclusion on five interviews with the defendant, the police reports and statements, the autopsy report, the defendant’s medical history and other documents given to him by the defendant’s attorney. The state cross-examined Zeman extensively about the factual basis of his conclusion as to the defendant’s state of mind at the time of the stabbing. Zeman acknowledged that although he was aware that there was a witness to the stabbing, he made no attempt to interview him. The prosecution asked Zeman to what extent he had challenged the defendant’s version of the incident by comparing it to inconsistent facts contained in Isaac’s written statement. Zeman was asked, “And didn’t Barry Isaac say in his statement that he heard Louis [Manson] say to the defendant while they were arguing ‘you can’t do anything without that knife, why do you always pull it out on me?’ ” The defendant objected on the ground that Isaac did not testify to this fact. The following colloquy took place:

“State’s Attorney: I’m questioning the doctor about his knowledge at the time.
[524]*524“The Court: The doctor has indicated [a] two page statement that he used in coming to his opinion and evaluation, however, I caution counsel, unless this is in Barry Isaac’s statement, it [is] improper. He is— unless it’s been in evidence.
“State’s Attorney: Well, Your Honor, I don't know how I can cross-examine the doctor about how he used the information that he had. I’m perfectly willing—I’ll offer it into evidence. I have no objection. I offer it at this time.
“Defense Counsel: Your Honor, I object, it’s hearsay to the claim. It’s not being offered for the truth of the matter.
“ The Court: It’s not being used as hearsay. It’s being used, in part, for the doctor forming his opinion. Correct by the virtue of representation of counsel, I’m going to overrule the objection.
“Defense Counsel: Exception.
“The Court: Exception may be noted.
“State’s Attorney: I offer this as state’s exhibit F, Your Honor.
“The Court: Well, why don’t we get the doctor’s answer first?”

The state did not offer Isaac’s written statement as an exhibit following the answer given by the witness.

The state also asked Zeman to what extent he had questioned the defendant about previously cutting Manson with a knife. Zeman recalled that on August 7, 1989, he had asked the defendant whether in the past he had ever threatened Manson with a knife, and that the defendant had told him that on one prior occasion, or perhaps more, the defendant had grabbed a butter knife. The state then asked the witness:

[525]*525“Q. All right, you were aware that though according to Barry Isaac’s statements that Mr. Manson said to him you can’t do anything without that knife; why do you always pull it out on me?
“A. That’s right.
“Q. And what is your understanding of what a butter knife is, by the way?
“A. A butter knife is usually a small knife, not sharp on the edge, that may have a rounded point on it, depending upon the type of butter knife.
“Q. Would you look at [the murder weapon] Dr. Zeman, and tell me if that purports with your understanding of what a butter knife is?
“A. No, it does not.”

The defendant did not object to this use of Isaac’s written statement or Isaac’s allegation regarding Manson’s question.

Zeman also explained under cross-examination that he scheduled a final interview with the defendant for March 21, during the trial, to discuss the incident with the butter knife, among other things. Zeman said that this topic was on his list because, in his notes of a previous interview, he had seen the reference to an incident with the butter knife, and wanted to clarify whether the defendant had ever used the larger knife. Zeman testified that he recalled from reading Isaac’s written statement that Isaac heard the victim accuse the defendant of always using a knife to threaten him. The defendant did not object to this testimony or to any use of Isaac’s written statement to cross-examine Zeman as to the basis of his opinion.

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Cite This Page — Counsel Stack

Bluebook (online)
608 A.2d 696, 27 Conn. App. 520, 1992 Conn. App. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-henry-connappct-1992.