State v. Quintana

547 A.2d 534, 209 Conn. 34, 1988 Conn. LEXIS 263
CourtSupreme Court of Connecticut
DecidedSeptember 6, 1988
Docket13179
StatusPublished
Cited by53 cases

This text of 547 A.2d 534 (State v. Quintana) 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. Quintana, 547 A.2d 534, 209 Conn. 34, 1988 Conn. LEXIS 263 (Colo. 1988).

Opinion

Covello, J.

Following a jury trial, the defendant, Jose Quintana, has appealed from a judgment of conviction of felony murder in violation of General Statutes § 53a-54c.1 The defendant claims that: (1) his due [36]*36process rights were violated by the state’s failure to disclose the existence of criminal charges pending against a state’s witness; (2) this nondisclosure contravened Practice Book § 744 and constituted reversible error; (3) the trial court’s instructions to the jury allowed it to convict the defendant on theories of liability that were unsupported by the evidence; (4) the trial court erred in its instructions to the jury on the crime of attempt; (5) the trial court erred in its instructions to the jury on the law of self-defense and the duty to retreat; and (6) the trial court’s instructions on self-defense allowed the jury to convict the defendant on a less than unanimous verdict, in violation of his rights under the Connecticut constitution.

The jury could reasonably have found that on the evening of March 11,1986, the victim, Robert Chrisman, was stabbed in the chest on a sidewalk near his apartment in Waterbury. Police responding to a call reporting the incident found a silver-colored aluminum cigarette case and cigarette lighter on the sidewalk near the victim. The victim’s fiance, who later identified his body, testified that she did not recognize the lighter and cigarette case as belonging to the victim and had never seen them in his possession. The police officers at the scene collected the lighter and cigarette case and brought them to police headquarters for forensic examination. Police experts later determined that fingerprints on both of these items were the defendant’s.

The defendant’s former girlfriend, Jeannette Berman, testified that in a conversation with her two days after the stabbing incident, the defendant admitted having stabbed the victim in self-defense in an altercation that, according to the defendant, had been initiated by the victim. She also identified the cigarette case and lighter that police had recovered from the crime scene as belonging to the defendant.

[37]*37Berman further testified that, a few days after the murder, she picked up the defendant in her car at a prearranged meeting place pursuant to his instructions. As they drove around Waterbury, the defendant ordered her to pull over to pick up a friend of his whom he saw walking nearby. She identified the passenger as Gregorio Hernandez, and testified that the defendant and Hernandez subsequently carried on a conversation in Spanish in the back seat of her car while she drove.

Hernandez testified at the defendant’s probable cause hearing and again at the trial that, during this back seat conversation, the defendant confided in Hernandez that he had killed Chrisman during an attempted robbery.

I

The defendant first claims that his due process rights were violated by the state’s failure to disclose the existence of criminal charges pending against the witness Hernandez at the time of his trial testimony. We find no reversible error.

“In Brady v. Maryland, [373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963)], the United States Supreme Court stated that ‘suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment . . . .’ ” State v. Pollitt, 205 Conn. 132, 141, 531 A.2d 125 (1987). The state acknowledges that such a request was made, by virtue of the defendant’s motion for disclosure on May 7, 1986, requesting “all exculpatory information and material.”

Hernandez testified at the defendant’s probable cause hearing on May 14,1986. At the time of his probable cause testimony, there were no charges pending [38]*38against Hernandez. On August 25, 1986, the state responded to the defendant’s motion for disclosure and stated that it “possessed no obviously exculpatory information or material.” The defendant’s trial for felony murder began on January 28,1987, and Hernandez testified again as a witness for the state, essentially reiterating the testimony he had given at the May 14, 1986 probable cause hearing. Criminal charges against Hernandez had arisen during the interval between the probable cause hearing and the defendant’s criminal trial.2 Thus, at the time of his trial testimony, Hernandez was a witness against whom nondisclosed criminal charges were pending.

The determination of whether the defendant’s due process rights were violated by the states’s nondisclosure of the charges pending against Hernandez at the time of his trial testimony turns on whether that information was material. In United States v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 87 L. Ed. 2d 481 (1985), the United States Supreme Court articulated the standard of materiality for disclosures mandated by Brady: “ ‘The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A “reasonable probability” is a probability sufficient to undermine confidence in the outcome.’ ” See State v. Pollitt, supra, 142-43.

Applying this standard of materiality to the circumstances of this case, “we must determine whether there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” State v. Monteeth, 208 [39]*39Conn. 202, 214-15, 544 A.2d 1199 (1988). We conclude that the nondisclosure of Hernandez’ pending charges does not raise a reasonable probability that the outcome of the defendant’s criminal trial would have been different. The crucial aspect of Hernandez’ trial testimony, that the defendant had admitted the stabbing and attempted robbery of the victim, was a reiteration of the testimony Hernandez had presented at the probable cause hearing. The impeachment force of the evidence of the pending charges, i.e., that Hernandez might be induced to give testimony that would benefit his own interest in winning favor with the state, was undermined by the fact that he had presented entirely consistent testimony at the probable cause hearing when there were no such pending charges, and thus no potential inducements affecting the credibility of his statements. In our view, the trial testimony served largely to confirm and restate the evidence given at the probable cause hearing. Further, any perceived infirmities in the probative value of Hernandez’ testimony because of the pending charges could easily have been cured by the rehabilitative effect of the introduction of the probable cause testimony as a prior consistent statement. State v. Dolphin, 178 Conn. 564, 571, 424 A.2d 266 (1979).

Had the pending charges against Hernandez been disclosed by the state, and had the defendant made use of the charges to discredit the witness, the jury could still reasonably have chosen to believe Hernandez on the basis of his earlier, consistent testimony given at the probable cause hearing.

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Bluebook (online)
547 A.2d 534, 209 Conn. 34, 1988 Conn. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-quintana-conn-1988.