State v. Santiago

748 A.2d 293, 252 Conn. 635, 2000 Conn. LEXIS 93
CourtSupreme Court of Connecticut
DecidedApril 4, 2000
DocketSC 16055
StatusPublished
Cited by7 cases

This text of 748 A.2d 293 (State v. Santiago) 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. Santiago, 748 A.2d 293, 252 Conn. 635, 2000 Conn. LEXIS 93 (Colo. 2000).

Opinion

Opinion

PER CURIAM.

After a jury trial, the defendant, Adrian Santiago, was convicted of murder in violation of General Statutes § 53a-54a (l).1 After his conviction, the [636]*636defendant moved for a new trial because of juror misconduct. One juror, June Briere, claimed that another juror, Dan M., had made statements such as: “What do you care about a spic?,” “Let’s get one more spic off the streets of Willimantic,” and “Of course he’s guilty, he’s a spic.” After hearing testimony from Briere and the jury foreperson, Paul Belanger, who testified that he did not recall any juror making any ethnic slurs, the trial court denied the defendant’s motion. The court based its conclusion that Briere’s allegations were not credible on inconsistencies in her story and her apparent loss of objectivity with regard to the defendant. The defendant appealed from the judgment of conviction to this court, claiming, inter alia, that the trial court had failed to conduct an adequate inquiry into allegations of juror misconduct. State v. Santiago, 245 Conn. 301, 323-40, 715 A.2d 1 (1998).2 Exercising our supervisory authority over the administration of this state’s courts, we reversed the judgment as to the scope of the trial court’s inquiry into allegations of juror misconduct and remanded the case to the trial court for a more expansive inquiry into the allegations. Id., 339-40.

On the remand, the trial court heard the following evidence. Dan M. testified that he did not make any of the statements alleged by Briere. Dan M. also testified that, during voir dire, in response to a question regarding whether he had overheard any racist comments while in the jury assembly room, he reported that a woman in the jury room had commented that there would be “one less spic off the street . . . .” He testified that he was uncomfortable using this derogatory word, even in the limited context of repeating another person’s statement. Dan M. could not remember [637]*637whether he had mentioned the woman’s derogatory statement to any other jurors. Dan M. also testified that he recalled eating lunch at a McDonald’s restaurant one day during the trial. While there, he recognized some people who had been attending the proceedings, and, in order to avoid any contact with them, he left and ate his lunch in his car.

Briere testified that Dan M. used racial slurs on two occasions during the trial. According to Briere, on February 7, 1996, the entire jury was watching the news in the assembly room when Dan M. said, “just like this case, one less spic on the streets of Willimantic.” Briere also testified that, on that occasion, Dan M. stated in a loud and boisterous voice, “What do you care about a spic?” and “He’s guilty, he’s a spic.” According to Briere, the second incident occurred on February 27, 1996, when Dan M., following his return from lunch at McDonald’s, stated in a loud voice that he had “overheard all the spies talking about the Santiago case” and that they had stated that the defendant was guilty. Briere testified that, after Dan M. made this statement, two other jurors, Barbara Loy and Glory Beir, criticized him for bringing outside information into the jury room.

Briere further testified that, alter the trial, she brought this information to defense counsel, Mark Shapera, who advised her to write a letter to the judge. Briere testified that, on Shapera’s advice to keep the letter “plain and simple,” Briere omitted any reference to Dan M.’s racial bias in her letter.3 Briere stated that, [638]*638after receiving no response from the trial judge, she called the courthouse and spoke with a clerk about her concerns. According to the clerk’s notes from this conversation, Briere told her that Dan M. had reported to the jury that, during lunch one day, he had overheard other people referring to the defendant as a “spic.”4 Briere also testified that, since the trial, she had become “the champion of the defendant’s cause,” had appeared on news shows in support of his release, had referred to him as her “son,” and even had readied a room in her home for him to stay in upon his release.

Six jurors5 testified that they did not recall Dan M. making either statement alleged by Briere. Four of those jurors did not hear the word “spic” used by anyone throughout the entire trial. Although two jurors remembered hearing Dan M. use the word “spic” during the [639]*639trial, they both stated that Dan M. was merely repeating comments that he had overheard, and that he was not himself using the term as a description of the defendant or any other person.6 The state questioned three jurors regarding whether racial prejudice had played a role in the jury deliberation, and all three jurors stated that it had not.7

The trial court denied the defendant’s motion for a new trial based on juror misconduct. The court found Briere’s testimony to be unworthy of credibility, and concluded that her claims of juror bias were not credible. Accordingly, the trial court rendered judgment denying the defendant’s motion for a new trial. The defendant appealed from this judgment directly to this court.8 We affirm that judgment.

On appeal, the defendant claims that the trial court improperly denied his motion for a new trial. The defendant claims that the testimony of Walter Lynch and Loy supports Briere’s allegations, and establishes that Dan M. used racial epithets during the trial. The defendant [640]*640argues that Dan M. was not truthful when he claimed that the only time he had used the word “spic” was during the course of his voir dire. The defendant also claims that he was prejudiced by Dan M.’s bias and the effect that it had on the other jurors. We disagree.

“Our analysis begins with the appropriate standard of review. We have long held that a finding of fact is reversed only when it is clearly erroneous. See, e.g., Poulos v. Pfizer, Inc., 244 Conn. 598, 616, 711 A.2d 688 (1998). A factual finding is clearly erroneous when it is not supported by any evidence in the record or when there is evidence to support it, but the reviewing court is left with the definite and firm conviction that a mistake has been made. Id. Simply put, we give great deference to the findings of the trial court because of its function to weigh and interpret the evidence before it and to pass upon the credibility of witnesses. . . . Ros-tain v. Rostain, 214 Conn. 713, 716, 573 A.2d 710 (1990).” (Internal quotation marks omitted.) Hartford Electric Supply Co. v. Allen-Bradley Co., 250 Conn. 334, 345-46, 736 A.2d 824 (1999).

The defendant contends that, given the seriousness of allegations of racial bias on the part of a juror, this court should review the trial court’s conclusions on a de novo basis. We decline to do so. The trial court’s decision was based on its factual findings that the events reported by Briere never had occurred.

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

Related

State v. Campbell
180 A.3d 882 (Supreme Court of Connecticut, 2018)
State v. Benedict
Connecticut Appellate Court, 2015
State v. Phillips
927 A.2d 931 (Connecticut Appellate Court, 2007)
Santiago v. Commissioner of Correction
867 A.2d 70 (Connecticut Appellate Court, 2005)
State v. Warren
824 A.2d 849 (Connecticut Appellate Court, 2003)
Tooley v. Metro-North Commuter Railroad
755 A.2d 270 (Connecticut Appellate Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
748 A.2d 293, 252 Conn. 635, 2000 Conn. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-santiago-conn-2000.