State v. Sinvil

876 A.2d 1237, 90 Conn. App. 226, 2005 Conn. App. LEXIS 307
CourtConnecticut Appellate Court
DecidedJuly 19, 2005
DocketAC 22239
StatusPublished
Cited by9 cases

This text of 876 A.2d 1237 (State v. Sinvil) 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. Sinvil, 876 A.2d 1237, 90 Conn. App. 226, 2005 Conn. App. LEXIS 307 (Colo. Ct. App. 2005).

Opinion

Opinion

FLYNN, J.

This criminal appeal returns to this court on remand from our Supreme Court; State v. Sinvil, 270 Conn. 516, 530, 853 A.2d 105 (2004); for resolution of the remaining claims of the defendant, Marc Sinvil. The defendant was convicted, following a jury trial, of sexual assault in the fourth degree in violation of General Statutes § 53a-73a and unlawful restraint in the second degree in violation of General Statutes § 53a-96. In addition to claims of prosecutorial misconduct, with which we agreed but were reversed by our [228]*228Supreme Court, the defendant claims that his right to a fair trial was violated (1) by the failure of a court interpreter to interpret testimony properly for the jury and (2) by the court’s failure to conduct an adequate inquiry into a juror’s assertion that he might know the defendant. We disagree and, thus, affirm the judgment of the trial court.

The facts underlying the defendant’s conviction were set out at length in State v. Sinvil, 76 Conn. App. 761, 821 A.2d 813 (2003), rev’d, 270 Conn. 516, 530, 853 A.2d 105 (2004). “The defendant and the victim’s husband, B, had been friends for several years.1 The defendant came to know the victim, A, through his relationship with B. All three were originally from Haiti. After having known each other for several years, the defendant and A’s family moved to Norwich at approximately the same time. The friendship between the defendant and B was such that B gave the defendant a key to his family’s apartment. The defendant would visit B almost every day. The defendant and B would play cards together at B’s apartment, and the defendant frequently had meals there. Using the key given to him, the defendant also would spend time at his friend’s apartment even when B and A were not there.

“In time, both the defendant and B obtained jobs at Foxwoods Casino. The defendant worked as a bus driver, and his scheduled working hours were generally from 4 p.m. until approximately midnight. B worked in a different department and usually was scheduled to work until 2 a.m.

“A and the defendant were the two principal witnesses at trial. A testified that at approximately 12:30 [229]*229a.m. on September 28, 1999, she was sleeping alone in the bedroom she shared with B, while her two sons were sleeping in an adjacent bedroom. A testified that she awoke to find somebody behind her in bed. At first, she believed it to be B, but she turned and discovered that it was the defendant. According to her, she and the defendant struggled, during which time the defendant told her that he loved her and he wanted to have sex with her. She related that the defendant held her hands down as he touched her under her nightgown. At some point, A could feel the defendant becoming aroused. A managed to calm the defendant, and she was able to get to her bathroom and lock herself inside. The defendant stayed for a short time, calling to A from outside of the bathroom, but he eventually left. When B got home from work at approximately 2:30 a.m., A did not tell him what had happened that night.

“Approximately two days later, after speaking about the incident with two coworkers and B, A did contact the police. The defendant was arrested and charged with sexual assault in the fourth degree and unlawful restraint in the second degree.

“The defendant testified on his own behalf at trial. According to the defendant, he and A had engaged in a continuing consensual extramarital sexual affair over several months. The defendant testified that A and B argued frequently, and that she had turned to their mutual friend, the defendant, for comfort. He claimed that the incident of September 28 was actually a consensual sexual encounter which began in A’s kitchen, where she met the defendant that night, and proceeded to the bedroom. At trial, the defendant maintained that A had accused him of attacking her to protect her reputation in the community.” Id., 763-64.

The jury found the defendant guilty of sexual assault in the fourth degree and unlawful restraint in the second [230]*230degree. Id., 765. Following the verdict, the court sentenced the defendant to a total effective term of two years imprisonment, execution suspended after eight months, with five years probation. The defendant appealed to this court. This court reversed the judgment of conviction on the basis of the defendant’s claim of prosecutorial misconduct. Our Supreme Court granted the state’s petition for certification to appeal; State v. Sinvil, 264 Conn. 916, 826 A.2d 1160 (2003); and subsequently reversed the judgment of this court. Although the Supreme Court concluded that the prosecutor did engage in misconduct, it, nevertheless, held that the misconduct did not deprive the defendant of his due process right to a fair trial. State v. Sinvil, supra, 270 Conn. 529. The case has now been remanded to this court to consider the defendant’s remaining claims. Id., 530. Insofar as the defendant’s remaining claims are unpreserved, he seeks review pursuant to State v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). We review the claims under Golding because we conclude that the record is adequate for review and the claims are of constitutional magnitude.

I

The defendant claims that he was deprived of a fair trial by the failure of a court interpreter to interpret testimony properly for the jury. The defendant argues that “the interpreter consistently fell far short of the required continuous, word for word translation standard . . . and [he] frequently interjected his own commentary on the testimony of the witnesses.” The state responds that “the record reveals that the trial court, sua sponte, recognized a potential problem with the interpreter and immediately took what it believed to be appropriate corrective measures. The defendant’s silence indicates his satisfaction with and his acceptance of the court’s handling of the matter.” Further, the state argues, the defendant is not entitled to Golding [231]*231review on this issue because “[b]y acquiescing in the trial court’s ruling, the defendant has waived the issue for appellate review.”

We will review the defendant’s claim, but agree with the state that the defendant waived his claim at trial. Therefore, the defendant is unable to satisfy the third prong of Golding, which requires that a constitutional violation clearly exist and that it clearly denied the defendant a fair trial. See State v. Wyatt, 80 Conn. App. 703, 708, 710, 836 A.2d 1242 (2003), cert. denied, 267 Conn. 918, 841 A.2d 1192 (2004); State v. Arluk, 75 Conn. App. 181, 191-92, 815 A.2d 694 (2003); State v. Cooper, 38 Conn. App. 661, 676, 664 A.2d 773, cert. denied, 235 Conn. 908, 665 A.2d 903 (1995), cert. denied, 517 U.S. 1214, 116 S. Ct. 1837, 134 L. Ed. 2d 940 (1996).

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Bluebook (online)
876 A.2d 1237, 90 Conn. App. 226, 2005 Conn. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sinvil-connappct-2005.