State v. Ortiz

502 A.2d 400, 198 Conn. 220, 1985 Conn. LEXIS 981
CourtSupreme Court of Connecticut
DecidedDecember 31, 1985
Docket10394
StatusPublished
Cited by67 cases

This text of 502 A.2d 400 (State v. Ortiz) 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. Ortiz, 502 A.2d 400, 198 Conn. 220, 1985 Conn. LEXIS 981 (Colo. 1985).

Opinion

Dannehy, J.

A jury found the defendant guilty of manslaughter in the first degree, in violation of General Statutes § 53a-55 (a) (3). He was sentenced to imprisonment for not less than ten nor more than twenty years. His posttrial motions for acquittal and a new trial were denied. The defendant claims on appeal that the trial court erred: (1) in precluding cross-examination of a state’s witness concerning criminal charges pending against him at the time of trial; (2) in admitting testimony of an expert witness concerning an identification of the defendant by his tooth mark [222]*222preserved in an apple found at the scene of the crime; and (3) in admitting testimony of a witness whom the state failed to disclose in response to the defendant’s request for discovery. We find error on the defendant’s first claim. We will address briefly the second claim, but we do not consider the third because it cannot recur on retrial.

On the evening of May 16,1978, Hartford police officers, responding to a report of a possible burglary, discovered the dead body of seventy-four year old Maria Joaquim on the floor of her apartment on Lawrence Street in Hartford. She was blindfolded, and her wrists and legs were bound with cord taken from lamps in her apartment. Her mouth was stuffed with cloth fastened tightly in place by a band tied across her lower face and mouth. The medical examiner testified at trial that the cloth in Joaquim’s mouth had caused her death by suffocation.

The victim’s apartment was in complete disarray, and appeared to have been ransacked. Bureau and desk drawers were removed and emptied and clothes were scattered about. The mattress was pulled from the bed-frame, linoleum tile and floorboards were torn up, and sofa cushions were removed. Several pieces of apple found in the apartment and in the cellar were taken to Lester Luntz, a dentist and the state’s expert witness in the field of forensic odontology. Luntz assembled the apple pieces and testified that they fit together “like a jigsaw puzzle.” Luntz identified a human bite mark found preserved in the apple as that of the defendant. Additional facts will be discussed as we consider the various issues raised by the parties.

We first address the defendant’s claim that the trial court improperly restricted his cross-examination of Carlos Carrasquillo, one of the state’s principal witnesses against him. Carrasquillo testified at trial that [223]*223on the evening of May 16,1978, while in a cafe on Park Street in Hartford, the defendant stated that he and a companion “tried to get some money out of this old lady down on Lawrence Street and that she started screaming. And they put something in her mouth. She started shaking. She was acting like she was going to have a heart attack.” Carrasquillo further related that the defendant threatened him. According to that testimony, the defendant said that if Carrasquillo said anything, the defendant would “smash his face.” The state concluded its direct examination by asking Carrasquillo if he had ever been convicted of a felony. The witness answered in the negative.

Midway through the defendant’s cross-examination of Carrasquillo, the jury was excused. Outside the presence of the jury Carrasquillo insisted that he had never been convicted of a felony. On further inquiry, however, he acknowledged that criminal charges were pending against him. The state objected to this line of questioning. The defendant pressed the inquiry, vigorously contending that he had a right, under the sixth amendment to the United States constitution, to cross-examine the witness regarding the pending charges in order to demonstrate his bias, interest, or motive. The trial court sustained the objection and allowed an exception to the ruling.

The primary interest secured by the confrontation clause is the right to cross-examination. State v. Milum, 197 Conn. 602, 608, 500 A.2d 555 (1985). Our cases have consistently recognized the right of an accused, during cross-examination, to place before the jury the fact that criminal charges are pending against the state’s witnesses. State v. Lubesky, 195 Conn. 475, 482, 488 A.2d 1239 (1985); State v. George, 194 Conn. 361, 365, 481 A.2d 1068 (1984), cert. denied, 469 U.S. 1191, 105 S. Ct. 963, 83 L. Ed. 2d 968 (1985); State v. Wilson, 188 Conn. 715, 720, 453 A.2d 765 (1982); State v. [224]*224Corley, 177 Conn. 243, 246, 413 A.2d 826 (1979); State v. Annunziato, 174 Conn. 376, 380, 387 A.2d 566 (1978). “[Ejxposure of a witness’ motivation in testifying is a proper and important function of the constitutionally protected right of cross-examination”; Davis v. Alaska, 415 U.S. 308, 316-17, 94 S. Ct. 1105, 39 L. Ed. 2d 347 (1974); and it is “well settled law that ‘[t]he fact that the witness is a defendant in a criminal prosecution . . . creates an interest which affects his credibility.’ ” (Citations omitted.) State v. Ferrara, 176 Conn. 508, 512, 408 A.2d 265 (1979). For that reason we have held that cross-examination to show “motive, bias, interest and prejudice is a matter of right and may not be unduly restricted.” State v. Milum, supra, 609; State v. Lubesky, supra, 482; State v. Shindell, 195 Conn. 128, 140, 486 A.2d 637 (1985).

The confrontation clause of the sixth amendment requires that the defendant be accorded some irreducible minimum of cross-examination into matters affect-, ing the reliability and credibility of the state’s witnesses. Thus, while as a general rule restrictions on the scope of cross-examination are within the sound discretion of the trial judge, “ ‘this discretion comes into play only after the defendant has been permitted cross-examination sufficient to satisfy the sixth amendment.’ ” State v. Asherman, 193 Conn. 695, 718, 478 A.2d 227, cert. denied, 470 U.S. 1050, 105 S. Ct. 1749, 84 L. Ed. 2d 814 (1984); State v. Gaynor, 182 Conn. 501, 508, 438 A.2d 749 (1980); State v. Luzzi, 147 Conn. 40, 46, 156 A.2d 505 (1959). We have adhered to this principle and found no error in the limitation of cross-examination into pending criminal charges where we were “satisfied, upon review of the entire cross-examination, that the opportunity to impeach the witness sufficiently comported with the constitutional standards embodied in the confrontation clause.” State v. Lubesky, supra; State v. George, supra, 365-66; [225]*225State v. Wilson, supra, 721; see also State v. Denby, 198 Conn. 23, 501 A.2d 1206 (1985); State v. Asherman, supra, 721; State v. Gaynor, supra, 509.

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Bluebook (online)
502 A.2d 400, 198 Conn. 220, 1985 Conn. LEXIS 981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ortiz-conn-1985.