FOTI, J.
The defendant, Rogeau R. Collins, appeals from the judgment of conviction, rendered following a jury trial, of felony murder in violation of General Statutes § 53a-54c and robbery in the first degree in violation of General Statutes § 53a-134 (a)(2). On appeal, the defendant claims that the trial court improperly: (1) excluded a statement made by another suspect in the crimes of which the defendant was convicted, (2) excluded testimony regarding the defendant's statements to police, and (3) excluded evidence of items seized from the residence of another suspect. We affirm the judgment of conviction.
The jury reasonably could have found the following facts. In March, 2009, Robert Dixon, the victim, resided in Hartford with his girlfriend. Dixon always carried two cell phones. He used one cell phone to sell drugs and the other for personal matters. In addition, he always wore an expensive pair of Cartier glasses. He did not store the drugs he sold at his home, but kept them at a remote location secured in a safe. The key to the safe was on the same key ring as Dixon's car keys.
On March 9, 2009, Dixon exchanged several phone calls with an individual named Adrian Dean, a friend of the defendant. At approximately 9:25 p.m. that night, Dixon left his residence in his vehicle carrying both of his cell phones and wearing his Cartier glasses. Sometime thereafter, Dean joined Dixon in the vehicle. Dean then contacted the defendant, who was driving around the Hartford area in his girlfriend's vehicle. Dean arranged to meet the defendant at a location in Bloomfield and gave the defendant directions to that location. The defendant followed Dean's directions and arrived at the location at approximately the same time as Dean and Dixon. Dixon and the defendant then drove their vehicles toward a cul-de-sac
The state, in a long form information filed on January 11, 2011, charged the defendant with murder in violation of General Statutes § 53a-54a (a), felony murder in violation of § 53a-54c, conspiracy to commit murder in violation of General Statutes §§ 53a-48 (a) and 53a-54a (a), robbery in the first degree in violation of § 53a-134 (a)(2), and conspiracy to commit robbery in the first degree in violation of §§ 53a-48 (a) and 53a-134 (a)(2). The jury found the defendant guilty of felony murder and robbery in the first degree, but not guilty on each of the remaining charges. The court sentenced the defendant to a total effective term of forty-five years of imprisonment.
The defendant first claims that the trial court improperly excluded testimony of an alleged statement made by Dean to Carlton Martin, Dean's former cellmate in prison, as inadmissible hearsay. Specifically, the defendant contends that Martin's testimony as to Dean's alleged statement was admissible as a statement against penal interest pursuant to § 8-6(4) of the Connecticut Code of Evidence. We disagree.
The following additional facts and procedural history are necessary to resolve this claim. During trial, defense counsel notified the court that he intended to call Martin to testify about a statement made by Dean while the two shared a prison cell. The prosecutor objected to Martin's proffered testimony as inadmissible hearsay. Defense counsel, however, argued that Martin's testimony was admissible as a statement against Dean's penal interest. As part of defense counsel's offer of proof, Martin testified outside the presence of the jury. Martin's testimony revealed that he was serving a ninety-six year term of imprisonment and had shared a prison cell with Dean between May and December, 2010. During this period, Dean and Martin watched an episode of the television show "Cold Case," which involved betrayal between two codefendants to a crime. The show prompted a discussion about codefendants between Dean and Martin. During their discussion, Dean mentioned that he still had a codefendant on trial. He explained that he originally intended to take his case to trial, but decided to take a
We begin by setting forth our standard of review. It is well established that "[w]e review a trial court's decision to admit [or exclude] evidence, if premised on a correct view of the law ... for an abuse of discretion." (Internal quotation marks omitted.) State v. Davis, 298 Conn. 1, 10-11, 1 A.3d 76 (2010). "[A]fter a trial court has made the legal determination that a particular statement is or is not hearsay, or is subject to a hearsay exception, [it is] vested with the discretion to admit or to bar the evidence based upon relevancy, prejudice, or other legally appropriate grounds related to the rule of evidence under which admission is being sought." (Internal quotation marks omitted.) State v. Smith, 289 Conn. 598, 617-18, 960 A.2d 993 (2008). Accordingly, "[w]e will make every reasonable presumption in favor of upholding the trial's court ruling and only upset it for a manifest abuse of discretion." (Internal quotation marks omitted.) State v. Snelgrove, 288 Conn. 742, 758, 954 A.2d 165 (2008). "In determining whether there has been an abuse of discretion, the ultimate issue is whether the court ... reasonably [could have] conclude[d] as it did." (Internal quotation marks omitted.) State v. Davis, supra, at 11, 1 A.3d 76.
In the present case, the trial court excluded testimony with respect to Dean's statement because it determined that it did not fall within the statement against penal interest exception to the hearsay rule. It is hornbook law that "hearsay statements may not be admitted into evidence unless they fall within a recognized exception to the hearsay rule." State v. Smith, supra, 289 Conn. at 618, 960 A.2d 993; see Conn.Code Evid. § 8-2. Section 8-6(4) of the Connecticut Code of Evidence embodies an exception to the hearsay rule for statements against penal interest. Section 8-6(4) applies where a hearsay statement made by an unavailable declarant was "trustworthy ... [and] at the time of its making, so far tended to subject the declarant to criminal liability that a reasonable person in the declarant's position would not have made the statement unless the person believed it to be true." Conn. Code Evid. § 8-6(4). In short, the admissibility of Dean's statement to Martin is subject to a binary inquiry: (1) whether Dean's statement to Martin was against Dean's penal interest and, if so, (2) whether the statement was sufficiently trustworthy.
"As to what is against penal interest, quite obviously the essential characteristic is the exposure to risk of punishment
The defendant next claims that the court improperly precluded evidence of the circumstances in which he made certain statements to the police and, in doing so, deprived him of his right to a present a complete defense as required by the fourteenth amendment to the federal constitution. See U.S. Const., amend. XIV, § 1. We disagree.
The following additional facts and procedural history are necessary to resolve this claim. Prior to trial, the defendant filed a motion to suppress written statements he made in the presence of Bloomfield police Sergeant Shawn Bolden. Following a
On cross-examination, defense counsel probed the circumstances surrounding the defendant's questioning. Through the cross-examination of Bolden, defense counsel established that (1) the defendant was at all times escorted by a police officer while at the police station for questioning, (2) the questioning lasted approximately nine hours, (3) the police utilized certain questioning techniques, (4) Bolden and the other officer present during questioning were physically large in comparison to the defendant's stature, (5) the conversation was not recorded, and (6) the defendant was born in Jamaica and came to the United States as a young boy.
Defense counsel then inquired about the defendant's waiver of his Miranda rights.
After the jury left the courtroom, the prosecutor argued that "[defense counsel] is getting into the custody and voluntariness of the waiver ... [t]here's already been a prior ruling on this issue...." The court sustained the objection and informed defense counsel: "[Y]ou can ask whatever you want [if] you're trying to show coercion or that it's a false statement or inaccurate.... But when [your questions] mix in legal issues like the question of voluntariness and custody ... [you're arguing] legal conclusions that have already been visited and ruled on.... [Y]ou're just trying to circumvent the ruling of the court.... [Y]ou can ask as many questions as you want about the circumstances of the encounter." (Emphasis added.) The defendant's claim of error is limited to the court's ruling to exclude evidence with respect to the voluntariness of the defendant's Miranda waiver.
It is well established that "[a] defendant's fundamental right to present a defense, guaranteed by the due process clause of the fourteenth amendment to the United States constitution, includes the right to present evidence of the circumstances under which a custodial statement was made." State v. Fernandez, 27 Conn.App. 73,
Our review of the record indicates that the court's ruling did not violate this rule, or thereby undermine the defendant's constitutional right to present a complete defense. Rather, the ruling was limited to precluding evidence concerning the voluntariness of the defendant's Miranda waiver, except to the extent that such evidence was offered to test the reliability of the defendant's statements in light of the circumstances in which they were made. Indeed, the court expressly permitted defense counsel to thoroughly probe the circumstances surrounding the defendant's statements, which is exactly what the constitution requires. See Crane v. Kentucky, supra, 476 U.S. at 689-90, 106 S.Ct. 2142 (defendant must be afforded opportunity to challenge credibility of custodial statement). Accordingly, the defendant's constitutional claim is without merit.
The defendant's parallel claim of evidentiary error must also fail. Defense counsel offered the excluded testimony to show that the defendant's statements were "not completely knowing and voluntarily given." He never claimed, however, that the purpose or effect of such testimony would be to show that the defendant's statements were unreliable in light of the circumstances in which they were made. A challenge to the voluntariness of a defendant's statements to the police may be based upon a claim that the procedures used to obtain them were of the sort that tends to undermine the statements' reliability. It may, by contrast, be based upon a claim that the defendant made the statements in question without knowing the full extent of his legal rights to remain silent and/or not to submit to custodial interrogation without the assistance of private or appointed counsel. Evidence supporting the former claim is, by its very nature, admissible in evidence to rebut admissions contained in the defendant's custodial statements, and thus to support his defense. Evidence supporting the latter claim, by contrast, although potentially supportive of a motion to suppress the defendant's statements based upon an alleged violation of the defendant's privilege against self-incrimination and/or his right to counsel, does not necessarily bear upon, or thus constitute admissible trial evidence with respect to, the reliability of the challenged statements. Here, then, where the only proffered purpose of the excluded testimony was to undermine the voluntariness of the defendant's waiver of his Miranda rights, without any accompanying indication that such testimony was offered to challenge the reliability of those statements, its exclusion by the trial court was not erroneous. Accordingly, in
The defendant next claims that the court improperly excluded as irrelevant evidence that Cartier glasses were found at Dean's home. We disagree.
The following additional facts and procedural history are necessary to resolve this claim. Prior to the defendant's case-in-chief during trial, defense counsel announced his intention to call Hartford police Detective Brian Plourde. Plourde was involved in the execution of a search warrant at Dean's residence where the police discovered, inter alia, a safe containing four cell phones, a pair of Cartier glasses, and ammunition. The state objected to Plourde's testimony on the ground that it was irrelevant. Specifically, the state argued that the Cartier glasses never were linked to the victim — a fact previously conceded by defense counsel. Defense counsel argued, however, that the Cartier glasses were relevant because they were found in Dean's residence and "Cartier glasses were reported missing from [Dixon]. So circumstantially it ties ... Dean to the incident as having taken those glasses from [Dixon]." When the court asked defense counsel why he did not ask Dixon's girlfriend to identify the Cartier glasses as Dixon's during cross-examination, defense counsel stated: "Honestly, it didn't occur to me at that point to go ahead and show her a picture of the glasses." The state subsequently stated that the police did not link the Cartier glasses to Dixon. The court sustained the state's objection in part, excluding evidence with respect to the Cartier glasses.
The principles governing our review of evidentiary claims are set forth in part I of this opinion. We supplement, however, the specific legal principles that govern our analysis of this particular claim. "Relevant evidence is evidence that has a logical tendency to aid the trier in the determination of an issue.... One fact is relevant to another if in the common course of events the existence of one, alone or with other facts, renders the existence of the other either more certain or more probable.... Evidence is irrelevant or too remote if there is such a want of open and visible connection between the evidentiary and principal facts that, all things considered, the former is not worthy or safe to be admitted in the proof of the latter.... Evidence is not rendered inadmissible because it is not conclusive. All that is required is that the evidence tend to support a relevant fact even to a
The defendant contends that the Cartier glasses are relevant because "glasses costing $3000 are not a common item, and evidence that Dean had them in his safe could be used to support an inference that it was Dean who robbed Dixon of the glasses." Our review of the record indicates that the value of the Cartier glasses seized from Dean's residence never was established. Moreover, the seized Cartier glasses never were identified or connected as being the Cartier glasses owned and worn by Dixon. For all purposes, it appears that the defendant's sole foundation for admitting the seized Cartier glasses was that they were the same brand as the glasses worn by Dixon. "[T]he proffering party bears the burden of establishing the relevance of the offered testimony. Unless a proper foundation is established, the evidence is irrelevant." (Internal quotation marks omitted.) Deegan v. Simmons, 100 Conn.App. 524, 540, 918 A.2d 998, cert. denied, 282 Conn. 922, 925 A.2d 1103 (2007). Making every reasonable presumption in favor of the trial court's ruling, we cannot conclude that the court abused its discretion by excluding the seized Cartier glasses as evidence that it was Dean, not the defendant, who robbed Dixon of his Cartier glasses.
The judgment is affirmed.
In this opinion the other judges concurred.