State v. Watson

599 A.2d 385, 26 Conn. App. 151, 1991 Conn. App. LEXIS 401
CourtConnecticut Appellate Court
DecidedNovember 19, 1991
Docket9142
StatusPublished
Cited by8 cases

This text of 599 A.2d 385 (State v. Watson) 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. Watson, 599 A.2d 385, 26 Conn. App. 151, 1991 Conn. App. LEXIS 401 (Colo. Ct. App. 1991).

Opinion

Landau, J.

This is an appeal by the defendant, Robert Watson, Sr., from a judgment of conviction, rendered after a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70. On appeal, the defendant claims that the trial court (1) improperly permitted a state’s witness to testify as an expert, and (2) denied him his constitutional right to present a defense by excluding evidence to support his assertion that the victim falsely accused him of sexual assault. We disagree.

The jury could reasonably have found the following facts. The defendant first met the victim, the girl friend of his son, Robert Watson, Jr., in early November, 1988, soon after the defendant’s release from prison. The defendant and the victim began working together to raise bond money to secure Robert, Jr.’s release from prison. Shortly before Thanksgiving of that year, the defendant unexpectedly visited the victim at her apartment. An argument and physical struggle ensued. The defendant grabbed the victim’s wrists. She fell backwards; the defendant pinned her to the floor and sexually assaulted her. Afterward, the defendant instructed the victim to tell no one about what had just occurred, and threatened that if she did he would tell Robert, Jr., that they had been having an affair and would have her baby taken away from her. These threats continued over the course of the next few weeks.

[153]*153The victim told Robert, Jr., about the sexual assault in early January, 1989, and, upon his urging, reported it to the Meriden police on January 8, 1989, approximately six weeks after the incident had occurred. When confronted by Robert, Jr., the defendant’s response was that he could not control himself because he had been away from “girls” for a long time. The defendant was subsequently arrested and charged with sexual assault in the first degree.

I

The defendant first claims that the trial court improperly permitted a state’s witness, Tina Haurd, to testify as an expert. The question of whether a witness is qualified as an expert is largely a matter within the trial judge’s discretion. State v. Kemp, 199 Conn. 473, 476, 507 A.2d 1387 (1986); State v. Ortiz, 198 Conn. 220, 228, 502 A.2d 400 (1985); 2 B. Holden & J. Daly, Connecticut Evidence (1988) § 118 (a). The general standard for admissibility of expert testimony in Connecticut is that the expert must demonstrate “ ‘a special skill or knowledge, beyond the ken of the average juror, that, as properly applied, would be helpful to the determination of an ultimate issue.’ ” Davis v. Margolis, 215 Conn. 408, 416, 576 A.2d 489 (1990), quoting Siladi v. McNamara, 164 Conn. 510, 513, 325 A.2d 277 (1973); see also State v. Spigarolo, 210 Conn 359, 376, 556 A.2d 112, cert. denied, 493 U.S. 933, 110 S. Ct. 322, 107 L. Ed. 2d 312 (1989); State v. Rodgers, 207 Conn 646, 651, 542 A.2d 1136 (1988); In re Noel, 23 Conn. App. 410, 423, 580 A.2d 996 (1990). An examination of the record reveals adequate evidence to support the trial court’s actions and we conclude that the trial court did not abuse its discretion in permitting the witness to provide an expert opinion.

The witness testified that she worked at the Women’s Center of Southeastern Connecticut as a victim’s advo[154]*154cate and as a counselor. As part of her job, she regularly attends court as an advocate for victims of domestic violence, counsels individuals and runs support groups for battered women and for survivors of physical and emotional abuse. Haurd further testified that she had been working with the battered women’s project for approximately one year and counseled approximately fifty to sixty people per week. She was then asked: “In your experience, is it unusual for there to be a delay between the actual rape and the reporting of that?” Defense counsel objected on the ground that a proper foundation had not yet been laid for the question. The trial court sustained the objection. Upon further examination, the witness testified that she has been working in her field for one year since receiving a bachelor’s degree in psychology from Connecticut College and “see[s] about sixty people a week.” She was again questioned regarding her opinion of the frequency in the occurrence of delay in reporting a sexual assault. The question was again objected to on the same ground as the previous objection. The objection was again sustained.

The jury was then excused and the state’s attorney attempted to qualify the witness as an expert “in treatment of battered women and attendant fields.” On voir dire, the witness testified that in addition to her college education, she has taken a course in counseling battered women at the New London Women’s Center and has counseled “around 300 women . . . about a third of [whom] . . . were victims of various types of sexual assault.” The trial court overruled defense counsel’s objection stating that the testimony goes to the weight of the witness’ opinion rather than to the admissibility. The trial court further found that the witness possessed knowledge superior to that of the average layperson and permitted the witness to respond to the question.

[155]*155In light of the evidence adduced at trial, we conclude that the trial court did not abuse its discretion in permitting the witness to testify as she did. See State v. Sandberg, 406 N.W.2d 506, 511 (Minn. 1987) (admitting as expert testimony opinion of police officer that sexually abused children delay reporting incidents); State v. Hicks, 148 Vt. 459, 461-62, 535 A.2d 776 (1987) (witness with masters degree in social work and experience as caseworker with sexually abused children qualified to testify that it is common for victims to delay reporting).

II

The defendant’s second claim is that the trial court violated his right to present a defense by excluding evidence that Rozzda Eggleston, the defendant’s daughter, told Robert, Jr., that the victim and the defendant had discussed sex on the telephone. The state objected on grounds of hearsay arguing that the witness was told of this conversation by her mother, Karen Eggleston, who had overheard the conversation. The trial court sustained the state’s objection to this question, concluding that such testimony could not be introduced as an inconsistent statement, the purpose for which it was offered, because defense counsel had failed to ask Robert, Jr., during his testimony about the alleged conversation with Eggleston and thus there was nothing to contradict.

Later that same day, the defendant attempted to recall this witness. Defense counsel explained that he intended to offer her testimony regarding her conversation with Robert, Jr., not to prove the truth of the matter asserted therein, but rather to demonstrate that the conversation took place and its effect on the hearer, Robert, Jr.

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Bluebook (online)
599 A.2d 385, 26 Conn. App. 151, 1991 Conn. App. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watson-connappct-1991.