State v. Peeples
State v. Peeples
Concurring Opinion
concurring. I concur in the result.
Opinion of the Court
Opinion
The defendant, Ali Peeples, appeals from the judgment of conviction, rendered following a jury trial, of one count sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2) and two counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2). The defendant claims that the trial court (1) improperly admitted testimony that he was watching pornography at the time he was arrested and (2) unfairly marshaled evidence in favor of the prosecution when it summarized in its jury instructions the testimony of an expert witness. We affirm the judgment of the trial court.
The jury reasonably could have found the following facts. The victim, S,
S first disclosed the abuse to a guidance counselor at her school in the fall of 2004.
The defendant was convicted following a jury trial and received a total effective sentence of eighteen years of incarceration, suspended after thirteen years, and ten years of probation. This appeal followed. Additional facts will be set forth as necessary.
I
The defendant first asserts that the court abused its discretion by denying his motion in limine. Specifically, the defendant argues that the court erred in admitting testimony that the defendant was watching pornography at the time of his arrest, as it was not relevant.
The following additional facts are relevant to our resolution of this issue. Prior to trial, the defendant filed a motion in limine to preclude the admission of testimony given during the hearing on the defendant’s motion. Eric Gauvin, a Hartford police detective, testified at the hearing that he went to the defendant’s residence in order to execute an arrest warrant. Gauvin stated that when the defendant opened the door to his residence, he informed the defendant of the arrest warrant and handcuffed him before proceeding into the home.
The defendant specifically sought to preclude Gau-vin’s testimony that a pornographic movie was playing on the defendant’s bedroom television when Gauvin arrested him on the grounds that such testimony was not probative, that the activity was legal and that the testimony was prejudicial. The state argued that the circumstances in the defendant’s home were relevant to determining whether or not Gauvin acted appropriately when arresting the defendant. The court denied the defendant’s motion and concluded that the testimony was relevant and that the probative value outweighed the prejudice.
At the defendant’s trial, Gauvin testified that he was assigned to investigate the allegations of sexual abuse made by S against the defendant. Gauvin stated that he went to the defendant’s home to arrest him, and the defendant answered the door wearing a towel with boxer shorts underneath. Gauvin explained that he and another detective entered the defendant’s bedroom with the defendant to assist him in getting dressed in
The defendant challenges the relevance of Gauvin’s testimony that a pornographic movie was playing on the television during the arrest. Specifically, the defendant asserts that the material playing on his television had no bearing on whether Gauvin’s arrest was performed properly. We agree that Gauvin’s reference to the pornographic movie was not relevant to show that the arrest was proper. We conclude, however, that the defendant has failed to meet his burden of establishing that it is more probable than not that the court’s decision to allow this statement into evidence affected the result of his trial.
We begin our analysis of this claim by setting forth the well settled standard of review that is applied to a trial court’s evidentiary rulings. “Although certain evi-dentiary rulings are subject to plenary review . . . the
“Evidence is relevant if it has any tendency to make the existence of any fact that is material to the determination of the proceeding more probable or less probable than it would be without the evidence. Conn. Code Evid. § 4-1. 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 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 slight degree, [as] long as it is not prejudicial or merely cumulative.” (Citations omitted; internal quotation marks omitted.) State v. Bonner, 290 Conn. 468, 496-97, 964 A.2d 73 (2009).
We see no merit in the state’s assertion that the contested portion of Gauvin’s testimony was relevant to establish that the defendant’s arrest was proper. The propriety of the defendant’s arrest was not disputed at trial. Indeed, the detective could have justified his conduct without any specific reference to the substance of the video playing on the defendant’s television. What materials the defendant was viewing prior to his arrest had no bearing on whether the arrest was proper. Because the aforementioned testimony was not relevant to establish a material issue of fact, it should not have been admitted into evidence.
The defendant’s assertions that the error was harmful are unavailing. The testimony at issue was not emphasized by the state, nor was it discussed in Gauvin’s subsequent testimony or on cross-examination. Gauvin instead testified primarily as to the substance of the defendant’s oral and written inculpatory statements. S also specifically testified as to the nature of the incidents of assault, and her testimony was corroborated by her mother, the guidance counselor to whom she made her initial disclosure and the social worker who conducted her forensic interview.
II
The defendant finally argues that the court improperly marshaled the evidence in favor of the state in its jury instructions, thereby violating his due process right to a fair trial. Specifically, the defendant asserts that the court emphasized expert medical testimony that was given in favor of the state when such testimony could have been summarized more objectively. We are not persuaded. The following additional facts are relevant to our resolution of this issue.
Nina Livingston, a pediatrician specializing in the evaluation of victims of child abuse, testified on behalf of the state.
Livingston also testified that on three separate occasions, S’s medical records indicated that the health care provider considered sexual contact as a possible cause for her symptoms, but on each occasion sexual abuse or contact was denied.
The court, in its proposed instructions to the jury, provided a brief summary of the testimony of the
The court, when instructing the jury, stated specifically that “Livingston testified that she is a child abuse pediatrician who reviewed [S’s] medical records and opined that her medical history [was] consistent with sexual abuse.” With regard to the two other experts, the court gave the following instruction: “Jessica Alejandro testified that she is a clinical child interview specialist who interviewed [S] . . . regarding her allegations of abuse .... Diane Edell testified that she . . . conducts forensic interviews of children alleging sexual abuse and testified regarding the delayed disclosure of sexual abuse by children.”
“A trial court has broad discretion to comment on the evidence adduced in a criminal trial. ... A trial court often has not only the right, but also the duty to comment on the evidence. . . . The purpose of marshaling the evidence ... is to provide a fair summary of the evidence, and nothing more; to attain that purpose, the [trial] judge must show strict impartiality. ... To avoid the danger of improper influence on the jury, a recitation of the evidence should not be so drawn as to direct the attention of the jury too prominently
“On review, we do not evaluate the court’s marshaling of the evidence in isolation. Rather, [t]o determine whether the court’s instructions were improper, we review the entire charge to determine if, taken as a whole, the charge adequately guided the jury to a correct verdict. . . . The pertinent test is whether the charge, read in its entirety, fairly presents the case to the jury in such a way that injustice is not done to either party under the established rules of law. . . . [I]n appeals involving a constitutional question, [the standard is] whether it is reasonably possible that the jury [was] misled.” (Internal quotation marks omitted.) State v. Andrews, 102 Conn. App. 819, 821-22, 927 A.2d 358, cert. denied, 284 Conn. 911, 931 A.2d 932 (2007).
We are mindful that the “influence of the trial judge on the jury is necessarily and properly of great weight, and ... his [or her] lightest word or intimation is received with deference, and may be prove controlling . . . .” (Internal quotation marks omitted.) State v. Malave, 250 Conn. 722, 735, 737 A.2d 442 (1999), cert. denied, 528 U.S. 1170, 120 S. Ct. 1195, 145 L. Ed. 2d 1099 (2000). “In a criminal trial, the judge is more than a mere moderator of the proceedings. It is his [or her] responsibility to have the trial conducted in a manner which approaches an atmosphere of perfect impartiality which is so much to be desired in a judicial proceeding.” (Internal quotation marks omitted.) State v. Robertson, 254 Conn. 739, 769, 760 A.2d 82 (2000).
While we agree with the defendant that it would have been preferable for the court to summarize Livingston’s testimony in neutral and impartial language that directed the jury to consider more than “ ‘one side of
The jury was twice instructed that it was the sole fact finder and that its recollection of the evidence controlled over the court’s summary—once at the beginning of the instructions and once at the end.
The judgment is affirmed.
In this opinion ROBINSON, J., concurred.
In accordance with our policy of protecting the privacy interests of the victims of sexual abuse and the crime of risk of injury to a child, we decline to identify the victim or others through whom the victim’s identity may be ascertained. See General Statutes § 54-86e.
At that time, the school did not report the allegations made by S to the authorities.
According to Gauvin’s testimony, the defendant stated that while he was wrestling with S, “at some point [she] was unclothed and . . . that she was on his lap and his penis fell out of his boxers . . . [and that his] penis might have rubbed against [S’s] butt/crack area and that it might have touched her vaginal area.” Gauvin stated that the defendant described his penis as large and S’s vaginal opening as tight. The defendant’s signed written statement, which was read to the jury and admitted into evidence, stated the same.
The state asserts an alternative ground for this court to affirm the judgment. Because we affirm the judgment of the trial court on the basis of harmless error, we need not address this claim.
We note that the video recording of the forensic interview was also played for the jury during trial and admitted as a full exhibit.
Gauvin testified that the defendant stated that his penis may have touched S’s vagina and anus, and S testified that the defendant engaged in penile-vaginal intercourse with her, attempted penile-rectal intercourse once and touched her genital area.
Livingston testified that for the past five years she has specialized in evaluating children who were referred to her when concern arose about sexual abuse.
Livingston noted that the findings are divided into categories including normal; nonspecific, which can be caused by other medical conditions; indeterminate; and diagnostic findings such as evidence of penetrating trauma, sexually transmitted diseases or the presence of sperm.
At the time S received treatment, she had not yet disclosed the abuse to anyone.
At the beginning of the charge, the court instructed the jury that it alone was responsible for recollecting and determining the facts, and that it was the sole judge of the facts. When the court instructed the jury regarding the evidence, it specifically charged that “[i]f I refer to any of the evidence in these instructions, it will be simply for the purposes of illustration and clarification, and you are not to understand that I intend to emphasize any evidence I mentioned or limit your consideration to that evidence alone. ... If I incorrectly state any evidence, you will correct my error because it is your exclusive function to review the evidence and determine the facts established by it. ... If the court has expressed . . . any opinion as to the facts, you are not bound by that opinion.” At the close of its instructions, the court again charged the jury as to its duty to determine the facts.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.