State v. Jones

644 A.2d 355, 34 Conn. App. 807, 1994 Conn. App. LEXIS 238
Connecticut Appellate Court·Decided June 3, 1994·No. 12172·Published·Cited by 22 cases

Opinion

Landau, J.

The defendant appeals from the trial court’s judgment of conviction, rendered after a trial to the court, of assault in the first degree in violation of General Statutes § 53a-59 (a) (3), and risk of injury to a child in violation of General Statutes § 53-21.1 [809] The defendant claims that the trial court improperly: (1) held that the evidence was sufficient to prove beyond a reasonable doubt that the defendant recklessly engaged in conduct that created a risk of death to another person, (2) admitted the defendant’s statement made after several requests for the assistance of counsel, (3) admitted the defendant’s statement, which was not made knowingly and intelligently given his mental deficiency, in violation of the defendant’s constitutional rights.

The trial court reasonably could have found the following facts. On June 10,1990, the defendant was living with Eloise Frett and their six month old son, S, and Frett’s two year old child.2 Frett spent the day at her sister’s apartment doing laundry and caring for her two children. In the evening, Frett returned to her apartment, fed her children, and put S to bed. The defendant had left the apartment during the afternoon, and returned at approximately 10 or 11 p.m. S, who had just awakened, was in his walker, playing with the two year old and laughing. Frett changed the baby’s diaper, returned him to his walker, and then left the apartment to use a public telephone to call her mother. Only the defendant and the children were in the apartment. Frett was absent for more than one hour. Upon her return, the defendant and the two year old were watching television. When Frett asked the defendant where S was, he told her that he was sleeping on their bed. Frett found S in a crawling position on the bed with his eyes closed. She was unable to awaken him. Frett asked the defendant if anything unusual had hap[810] pened to S and was told no. Frett summoned her sister, Joan, who came to Frett’s apartment. Joan placed her finger in S’s mouth. He bit down on her finger and would not release it. The women called an ambulance, and S was taken to Saint Francis Hospital.

Upon his admission to the hospital, S was unresponsive and could not be awakened; he was comatose. The medical staff at Saint Francis found that S suffered seizures approximately every forty minutes, his eye cavities were filled with blood from brain hemorrhaging, and the retina of one eye was detached. A staff physician who examined S believed that his condition would deteriorate and he would be incapable of sustaining life without respirator support. He arranged for S to be transferred to Hartford Hospital for that purpose.

An examination of S at Hartford Hospital revealed that his injuries had been sustained within the previous twenty-four hours and resembled injuries commonly caused by severe shaking and a sudden impact with a hard surface. S’s condition was diagnosed as severe cerebral injury known as “shaken baby syndrome.”3 Further examination of S indicated that he had received other serious injuries recently. As a result of his injuries, S is permanently blind, will have severe motor impairment, will experience seizures for many years, perhaps for the rest of his life.

Additional facts pertaining to individual issues are given as necessary to address the defendant’s claims.

The defendant’s first claim is that there was no evidence from which the trial court reasonably could have inferred that the defendant’s conduct created a risk of death to S. The defendant contends that expert testimony was lacking as to the creation of a risk of death. [811] The defendant also challenges the trial court’s finding that his conduct was reckless beyond a reasonable doubt.

“ ‘When reviewing a sufficiency of the evidence claim, we first examine the evidence in the light most favorable to upholding the jury’s verdict. State v. Avis, 209 Conn. 290, 309, 551 A.2d 26 (1988), cert. denied, 489 U.S. 1097, 109 S. Ct. 1570, 103 L. Ed. 2d 937 (1989); State v. Rice, 25 Conn. App. 646, 650, 595 A.2d 947 (1991). We then determine on the basis of the facts established and the inferences that reasonably could be drawn from those facts whether the jury reasonably could have concluded that the cumulative effect of the evidence established the defendant’s guilt beyond a reasonable doubt. State v. Famiglietti, 219 Conn. 605, 609, 595 A.2d 306 (1991); State v. Hopes, 26 Conn. App. 367, 376, 602 A.2d 23, cert. denied, 221 Conn. 915, 603 A.2d 405 (1992). We note that the probative force of the evidence is not diminished because it consists, in whole or in part, of circumstantial evidence rather than direct evidence. State v. Robinson, 213 Conn. 243, 254, 567 A.2d 1173 (1989).’ State v. Lago, 28 Conn. App. 9, 30, 611 A.2d 866, cert. denied, 223 Conn. 919, 614 A.2d 826 (1992). Our inquiry into whether the evidence in the record would support a finding of guilt beyond a reasonable doubt does not require us to ask if we believe that the evidence established guilt beyond a reasonable doubt, but rather if ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ (Emphasis in original.) State v. Boykin, 27 Conn. App. 558, 563-64, 609 A.2d 242, cert. denied, 223 Conn. 905, 610 A.2d 179 (1992). Once a defendant has been found guilty of the crime charged, we conduct our judicial review of all of the evidence in the light most favorable to the prosecution. Id., 564.” State v. Hamilton, 30 Conn. App. 68, 71-72, 618 A.2d 1372 (1993), aff'd, 228 Conn. 234, 636 A.2d 760 (1994).

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Jones, 644 A.2d 355, 34 Conn. App. 807, 1994 Conn. App. LEXIS 238 (Colo. Ct. App. 1994).

644 A.2d 355 (State v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Jarelle G.
35 A.3d 329 (Connecticut Appellate Court, 2012)
State v. Pacelli
31 A.3d 891 (Connecticut Appellate Court, 2011)
State v. Elson
9 A.3d 731 (Connecticut Appellate Court, 2010)
State v. Pearson
904 A.2d 1259 (Connecticut Appellate Court, 2006)
State v. Spiegelmann
840 A.2d 69 (Connecticut Appellate Court, 2004)
Santapaola v. Ashcroft
249 F. Supp. 2d 181 (D. Connecticut, 2003)
State v. Santiago
813 A.2d 1068 (Connecticut Appellate Court, 2003)
State v. Gracewski
767 A.2d 173 (Connecticut Appellate Court, 2001)
State v. Newton
757 A.2d 1140 (Connecticut Appellate Court, 2000)
State v. Salvatore
749 A.2d 71 (Connecticut Appellate Court, 2000)
State v. Fisher
748 A.2d 377 (Connecticut Appellate Court, 2000)
State v. Atkinson
740 A.2d 991 (Connecticut Superior Court, 1999)
State v. Miranda
715 A.2d 680 (Supreme Court of Connecticut, 1998)
State v. Pauling
706 A.2d 981 (Connecticut Appellate Court, 1998)
State v. Garvin
699 A.2d 921 (Supreme Court of Connecticut, 1997)
State v. Askew
688 A.2d 1346 (Connecticut Appellate Court, 1997)
State v. Nosik
689 A.2d 489 (Connecticut Appellate Court, 1997)
State v. Crump
683 A.2d 402 (Connecticut Appellate Court, 1996)
State v. Jones
648 A.2d 158 (Supreme Court of Connecticut, 1994)