State v. Jacobson

866 A.2d 678, 87 Conn. App. 440, 2005 Conn. App. LEXIS 64
CourtConnecticut Appellate Court
DecidedFebruary 15, 2005
DocketAC 23983
StatusPublished
Cited by13 cases

This text of 866 A.2d 678 (State v. Jacobson) 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. Jacobson, 866 A.2d 678, 87 Conn. App. 440, 2005 Conn. App. LEXIS 64 (Colo. Ct. App. 2005).

Opinion

Opinion

WEST, J.

The defendant, Scott Jacobson, appeals from the judgments of conviction, rendered following a trial to the jury, of nine counts of sexual misconduct [443]*443involving two victims.1 As to the first victim, M, the defendant was convicted of two counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and two counts of risk of injury to a child in violation of General Statutes (Rev. to 1997) § 53-21 (2). As to the second victim, B, the defendant was convicted of one count of attempt to commit sexual assault in the first degree in violation of General Statutes §§ 53a-49 (a) (2) and 53a-70 (a) (2), one count of sexual assault in the third degree in violation of General Statutes § 53a-72a (a) (1) (A) and three counts of risk of injury to a child in violation of General Statutes (Rev. to 1997) § 53-21 (2). The court sentenced the defendant to a total effective term of twenty years imprisonment, execution suspended after fifteen years, with twenty years probation.

On appeal, the defendant claims that (1) the court improperly admitted into evidence (a) fifty-nine photographs, (b) testimony regarding a ziplock bag of hair and (c) testimony concerning alleged prior misconduct committed by the defendant, (2) the state engaged in prosecutorial misconduct as a result of comments made by the prosecutor during closing argument, and (3) the court violated his right to due process of law by instructing the jury that it would “not require specific times, dates and places that will render prosecution of those who sexually abuse children impossible.” We affirm the judgments of the trial court.

The juiy reasonably could have found the following facts. In 1995, as coach of a youth ice hockey team, the defendant met seven year old B, whose older brother was a member of the team, and B’s mother. The defendant befriended B’s mother, who was having marital [444]*444difficulties at the time, offering to drive her son to Greenwich for hockey practices and games. She welcomed the help and even let B, who was not a team member, tag along for the rides. During that time, the defendant expressed a special interest in B, encouraging him to play hockey, helping him with his schoolwork and letting him sleep at his home a few nights a week. They became so close that the defendant became B’s godfather.

Sometime later, the defendant registered B to play on a youth football team. It was there that the defendant met nine year old M, one of B’s teammates, and M’s mother, a divorcee. M saw the defendant about twice a week during the football season and once a week after the football season ended, and occasionally he stayed the night at the defendant’s home, along with B. At the request of M’s mother, the defendant helped M with his schoolwork and became, according to M’s mother, part of her support system.

In 1999, the defendant moved to Florida, but he maintained contact with both M and B. He purchased a cell phone for M and called him regularly for updates on his schoolwork. He checked on B a couple of times a week to find out how he was faring in school and with sports. He also returned periodically to Connecticut to visit them both.

On one such visit, in 2001, the defendant stayed two nights at B’s house, along with M. The defendant slept in the same bedroom as M, B and two of B’s brothers. The beds were pushed together, and the defendant slept next to M. M testified that he awoke the first night and realized that the defendant was under the covers performing oral sex on him. Rather than confront the defendant, M pretended to be asleep. The next day, M accompanied the defendant and B to breakfast, but decided not to mention what had occurred the night [445]*445before. That night, M and the defendant again stayed at B’s house, the sleeping arrangements being the same. According to M, he awoke in the night to find the defendant performing oral sex on him. He ejaculated in the defendant’s mouth and cried himself to sleep.

Shortly thereafter, M’s mother had a falling out with her parents, with whom she and her two sons were living, and was asked to leave. After speaking with the defendant about the falling out, she and her two boys left for Florida and eventually moved into an apartment with the defendant. According to M’s mother, she and the defendant initially got along quite well, but as time went on, she became increasingly concerned with his relationship with M, claiming that he spent an inordinate amount of time and money on M. As her relationship with the defendant soured, she asked him to leave the apartment, after which she was told by M that he had been sexually assaulted by the defendant. She immediately contacted the local police and arranged for M to return to Connecticut. Before returning to Connecticut herself, M’s mother confronted the defendant with her son’s allegation, to which he responded that M was lying.

Back in Connecticut, M informed the Monroe police department that he had been sexually assaulted by the defendant at B’s house in March, 2001. The police contacted B’s mother, who was on vacation in Florida, and asked her to bring B to the police station when she returned to Connecticut. She flew back the next day, contacted the police department and was told that the defendant allegedly had sexually assaulted M. According to B’s mother, she refused to believe the allegation. On the drive to the police station, she expressed to B her frustration with M and his mother, telling B that it was a waste of time to go to the police department. B responded: “I know this happened to [M] because it happened to me, too.”

[446]*446According to B, while he was in the third grade, he was sexually assaulted by the defendant on three occasions. The first incident occurred when he slept at the defendant’s home, in the same bed, and awoke to find the defendant touching his penis with his hands and mouth. B said nothing and eventually fell back asleep. The second incident occurred a few weeks after the first incident. B again slept at the defendant’s house, and before he fell asleep, the defendant forced B to touch the defendant’s penis, after which he asked B to keep it secret. The third incident occurred a few months later, again at the defendant’s house. That night, before B fell asleep, the defendant, who was naked, approached B, fondled his penis, giving him an erection, and attempted unsuccessfully to have B sodomize him. Additional facts will be set forth as necessary.

I

We first address the defendant’s evidentiary claims, namely, that the court improperly admitted into evidence (1) fifty-nine photographs, (2) testimony regarding a ziplock bag of hair and (3) testimony concerning alleged prior misconduct committed by the defendant.

“We have a well established standard by which we review claims of an evidentiary nature. The trial court’s ruling on evidentiary matters will be overturned only upon a showing of a clear abuse of the court’s discretion. . . . 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. . . . [Thus, our] review of such rulings is limited to the questions of whether the trial court correctly applied the law and reasonably could have reached the conclusion that it did. ...

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Cite This Page — Counsel Stack

Bluebook (online)
866 A.2d 678, 87 Conn. App. 440, 2005 Conn. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jacobson-connappct-2005.