State v. Sotomayor

765 A.2d 1, 61 Conn. App. 364, 2001 Conn. App. LEXIS 28
CourtConnecticut Appellate Court
DecidedJanuary 16, 2001
DocketAC 20518
StatusPublished
Cited by10 cases

This text of 765 A.2d 1 (State v. Sotomayor) 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. Sotomayor, 765 A.2d 1, 61 Conn. App. 364, 2001 Conn. App. LEXIS 28 (Colo. Ct. App. 2001).

Opinion

Opinion

ZARELLA, J.

The defendant, Herminio Sotomayor, appeals from the judgment of conviction, rendered after [366]*366a jury trial, of murder in violation of General Statutes § 53a-54a (a).1 On appeal, the defendant claims that the trial court improperly (1) admitted into evidence for substantive purposes prior inconsistent written statements of a witness, (2) refused to instruct the jury on manslaughter in the second degree pursuant to General Statutes § 53a-56 (a) (l),2 and (3) declined to instruct the jury that the use of a deadly weapon in some circumstances may be evidence of extreme indifference to human life pursuant to General Statutes § 53a-55 (a) (3).3 We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. During the late evening of October 10, 1989, sixteen year old Angel Lauriano and several friends were hurling eggs at passing vehicles on William Street in Bridgeport. At approximately 11p.m., one of the eggs hit a passing vehicle. The driver, who later was identified as the defendant, immediately stopped and emerged from the vehicle armed with a rifle. The defendant chased the fleeing teenagers. Upon nearing Lauriano, the defendant [367]*367shot the youth six times from behind. Lauriano died from multiple gunshot wounds.

Lauriano’s murder remained unsolved until 1998. In April, 1998, Bridgeport police arrested the defendant’s cousin, Manuel Arvelo, on an unrelated drug offense. While in custody, Arvelo asked to speak with a detective. Arvelo informed Detective Leonard Sattani of the Bridgeport police department that he had information about Lauriano’s death and that his cousin, the defendant, had committed the murder. In a written statement dated April 13, 1998, Arvelo averred: “I saw my cousin stop and get out of his car with this rifle and chase this kid down and shoot him up. ... I saw the kid bending down saying don’t shoot me, he shot him, he emptied out the rifle on him, close range, I was right there.” Arvelo gave a second statement on April 15, 1998, in which he reiterated much of the information that he had provided in his earlier statement. Arvelo swore to and signed each statement.

On April 17, 1998, Bridgeport police executed a warrant for the defendant’s arrest. After waiving his rights to remain silent and to the assistance of counsel, the defendant gave a written statement in which he confessed to shooting Lauriano. The defendant recounted the incident as follows: “I was going down Noble [Avenue] to William [Street]. They started to throw eggs at my car, and it was dark at that time, I got out of the car and I was armed, I saw someone running and I went around this house and I saw this guy coming out and he ran toward me and I did not know if he had a gun, I reacted and I fired several shots. I ran back to the car.” The defendant further stated that he fired about seven or eight shots.4 Subsequently, the defendant was [368]*368charged with and convicted of Lauriano’s murder.5 This appeal followed.6

I

The first issue we address is whether the court improperly admitted Arvelo’s written statements into evidence for substantive purposes. The following additional facts and procedural history are relevant to our resolution of this claim.

At trial, Arvelo repudiated his April 13 and 15, 1998 statements.7 He claimed not to recall the events of Octo[369]*369ber 10, 1989, because they were “[t]oo long ago.” Although the state attempted to refresh Arvelo’s memory by showing him his two written statements, he could remember only talking to Sattani “about something that [he] heard about somebody being killed.” Arvelo attributed his lack of memory to his undergoing withdrawal from heroin at the time that he had given the statements. Nevertheless, Arvelo admitted to signing, without reading, each statement. He further testified that the police did not threaten, use force or promise help with the charges that were then pending against him to obtain his statements. He did claim, however, that the police paid him $20 for signing the April 15, 1998 statement.

On cross-examination by the defense, Arvelo testified that he gave the April 13, 1998 statement after being held for two days on an unrelated drug charge. He also contradicted his earlier testimony, claiming on cross-examination that he gave the April 15, 1998 statement after Sattani picked him up at his home, brought him to the police station and “threatened me if I wouldn’t sign the rest, he would put me back in jail.”

The state then called to the witness stand Sattani, the Bridgeport police detective who had taken each of Arvelo’s statements. Sattani disputed Arvelo’s recollection and testified as follows. On April 13, 1998, he received a call from the booking officer saying that an incarcerated individual wanted to speak with a detective. Sattani did not know Arvelo or why he wanted to talk to a detective. He also did not know Arvelo’s status with respect to any pending charges. According to Sat-tani, Arvelo told him that “he had information regarding a homicide that occurred several years ago and that he was willing to talk to me about that.”8 Without inducement or promises from Sattani, Arvelo agreed to give a signed, sworn statement.

[370]*370Sattani further testified that he asked Arvelo the questions and then typed Arvelo’s responses.9 According to Sattani, Arvelo then read and signed each page of the [371]*371written statement. Sattani testified that Arvelo also acknowledged the truth of the statement.10 Sattani recalled that Arvelo did not exhibit difficulty in reading the statement and that he did not ask any questions about its contents or want to correct the statement in any way.

On cross-examination by the defense, Sattani admitted that he did not know how long Arvelo had been at the station before speaking with him. When asked whether he could recognize an individual experiencing narcotics withdrawal, Sattani answered that he could and that Arvelo neither appeared to be under the influence of narcotics nor exhibited symptoms of withdrawal.

Following Sattani’s cross-examination, the court excused the jury and, thereafter, held a hearing on the admissibility of Arvelo’s April 13, 1998 written statement for substantive purposes. The defense did not dispute that Arvelo signed and swore to the statement. Instead, the defendant argued, as he does before this court, that the circumstances at the time Arvelo gave [372]*372the statement, coupled with the fact that the events discussed therein took place at least nine years earlier, evidenced the inherent untrustworthiness of the information it contained. The state countered that State v. Whelan, 200 Conn. 743, 513 A.2d 86, cert. denied, 479 U.S. 994, 107 S. Ct. 597, 93 L. Ed. 2d 598 (1986), contemplated the present situation, namely, a witness on the stand repudiating his prior inconsistent written statement, and that the statements should be admitted for substantive purposes because each satisfies the four criteria for admissibility under

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Bluebook (online)
765 A.2d 1, 61 Conn. App. 364, 2001 Conn. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sotomayor-connappct-2001.