State v. RKC

967 A.2d 115, 113 Conn. App. 597, 2009 Conn. App. LEXIS 110
CourtConnecticut Appellate Court
DecidedApril 7, 2009
Docket28834
StatusPublished
Cited by3 cases

This text of 967 A.2d 115 (State v. RKC) 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. RKC, 967 A.2d 115, 113 Conn. App. 597, 2009 Conn. App. LEXIS 110 (Colo. Ct. App. 2009).

Opinion

967 A.2d 115 (2009)
113 Conn.App. 597

STATE of Connecticut
v.
R.K.C.[1]

No. 28834.

Appellate Court of Connecticut.

Argued January 15, 2009.
Decided April 7, 2009.

*116 James B. Streeto, assistant public defender, for the appellant (defendant).

Adam E. Mattei, special deputy assistant state's attorney, with whom, on the brief, were Jonathan C. Benedict, state's attorney, and Margaret E. Kelley, senior assistant state's attorney, for the appellee (state).

HARPER, LAVINE and PELLEGRINO, Js.

PELLEGRINO, J.

The defendant, R.K.C., was charged in a seven count information with one count of sexual assault in the first degree in violation of General Statutes § 53a-70(a)(1), two counts of sexual assault in the second degree in violation of General Statutes § 53a-71(a)(1) and four counts of risk of injury to a child in violation of General Statutes § 53-21(a)(2), with all counts relating to alleged incidents involving his minor stepdaughter at various times from 1997 through 2005. After a jury trial, the jury found the defendant not guilty of two counts of risk of injury to a child and one count of sexual assault in the first degree but found him guilty of two counts of risk of injury to a child and two counts of sexual assault in the second degree. The incidents for which the jury found the defendant not guilty occurred from 1997 to 1999 and involved allegations of improper touching. They included an incident when the victim was in bed and the defendant put his hands under the covers and placed a finger in her "butt," which he claimed involved his looking for a television remote control device. The counts of which the defendant was found guilty involved incidents that occurred in 2003 and 2005, and it is from that conviction that the defendant appeals.

The facts that the jury reasonably could have found are as follows. In 2003, when the victim was thirteen years old, the defendant, at the home that he shared with his wife (the victim's mother) and the victim's other siblings, improperly touched the victim's breasts and penetrated her vaginally with his penis at various times. In 2005, before the family moved to Georgia and while the victim's mother was at work, the defendant attempted to have sexual intercourse with the victim, which she resisted. The defendant, however, did improperly touch the victim and digitally penetrated her vagina. The victim disclosed this incident to her mother, who then took her to stay with the defendant's sister. While there, the victim disclosed the defendant's sexual abuse to her maternal aunt, A. A called the department of children and families, which began an investigation that ultimately resulted in the defendant's arrest. Additional facts will be mentioned as required.

At the trial, the state was permitted to introduce the testimony from A, who testified that the defendant had attempted to *117 have sexual contact with her prior to the incidents with the victim, when A was fourteen years old. In addition, the court permitted the state to offer expert testimony from a social worker, Donna Vitulano, as to the behavioral characteristics of sexually abused children. The court also allowed the testimony of the victim's mother and A to corroborate the accusations of the victim.

The defendant now appeals to this court on four grounds: (1) A's testimony as to her accusations involving the defendant was impermissible uncharged misconduct and, therefore, not admissible; (2) the court improperly admitted Vitulano's opinion testimony; (3) the court should have instructed the jury that the victim had a motive in testifying against him; and (4) the court's limiting instructions as to the constancy of accusation testimony were improper. We disagree with the defendant's claims and, accordingly, affirm the judgment of the trial court.

I

The defendant first claims that the court improperly allowed the testimony of A as to her accusations of sexual abuse involving the defendant. Specifically, the defendant claims that it was improper to admit A's testimony that in late 1996 or early 1997, when she was fourteen years old, the defendant went into her room while she was sleeping, bit her breasts and tried to put his hand inside her pants. The defendant argues that A's testimony was impermissible uncharged misconduct and, therefore, not admissible. We disagree.

In State v. DeJesus, 288 Conn. 418, 470, 953 A.2d 45 (2008) (en banc), a decision by which this court is bound, our Supreme Court held that uncharged misconduct evidence is admissible in sex crime cases to prove that the defendant had a propensity to engage in aberrant and compulsive criminal sexual behavior.[2] The court concluded that uncharged sexual misconduct evidence would be allowed if it satisfied three factors: (1) it was relevant on the basis of its being "not too remote in time... similar to the offense charged; and... committed upon persons similar to the prosecuting witness"; (internal quotation marks omitted) id., at 473, 953 A.2d 45; (2) its probative value outweighed its prejudicial effect; and (3) a limiting instruction was given to the jury. Id., at 474, 953 A.2d 45.

In the present matter, the testimony of A satisfied the three factors articulated in DeJesus. First, as to relevance, A's testimony was not too remote, as it related to an incident occurring in late 1996 or early 1997, and the victim alleged that the first incident with the defendant occurred in 1997. The allegation was similar to the offense charged in that the defendant attempted to touch both A and the victim inappropriately while they were in bed. Additionally, A and the victim were both minor females related to the defendant's wife.

Second, the probative value of the uncharged misconduct outweighed the prejudicial effect of A's testimony. See State v. *118 John G., 100 Conn.App. 354, 364, 918 A.2d 986, ("[f]urthermore, striking similarities between the charged and uncharged misconduct, such as the nature of the crimes and the identity of the victims, make the evidence of prior misconduct highly probative"), cert. denied, 283 Conn. 902, 926 A.2d 670 (2007). Moreover, A's testimony would not unduly raise the jury's emotions causing prejudice to the defendant because A's testimony related to only one incident, whereas the victim testified about repeated and graphic abuse at the hands of the defendant. See State v. Raynor, 84 Conn. App. 749, 762, 854 A.2d 1133 (holding victim's testimony about one uncharged incident of improper touching unlikely to arouse prejudice in jury when graphic testimony of sexual assault already in evidence), cert. denied, 271 Conn. 935, 861 A.2d 511(2004). Last, the court gave the jury a limiting instruction that A's testimony was to be considered solely for the purpose of motive and intent. Accordingly, on the basis of DeJesus and in light of the foregoing, we conclude that the court properly admitted A's testimony.

II

The defendant next claims that the court improperly admitted Vitulano's expert opinion testimony.

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

Related

State v. L.W.
122 Conn. App. 324 (Connecticut Appellate Court, 2010)
State v. FAVOCCIA
986 A.2d 1081 (Connecticut Appellate Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
967 A.2d 115, 113 Conn. App. 597, 2009 Conn. App. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rkc-connappct-2009.