State v. Orr
State v. Orr
Concurring Opinion
concurring in part and in the judgment. I agree with and join part II of the majority opinion. I disagree, however, with the majority’s analysis in part I of its opinion. Specifically, I disagree with its interpretation of the dangerous client exception to the social worker-client privilege enumerated in General Statutes
As the majority accurately states, in interpreting § 52-146q (c) (2), “[o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply. . . . In seeking to determine that meaning [General Statutes] § l-2z directs us first to consider the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratex-
My first point of disagreement with the majority is its refusal to acknowledge that § 52-146q creates an evidentiary privilege for communications between a social worker and a client. The majority insists that § 52-146q merely provides for the confidentiality of such communications. The majority reasons that, under § 1-2z, it must refrain from construing the statute to establish a privilege because of the absence of textual support for that construction. See footnote 10 of the majority opinion. In my view, the defendant’s claim, which implicates the scope of § 52-146q and its dangerous client exception, requires us to decide that question. Furthermore, § 52-146q is not clear and unambiguous on the point, and resort to extratextual evidence convincingly establishes that § 52-146q does, indeed, create such a privilege.
To appreciate fully the scope of § 52-146q, it is necessary first to recognize the distinction between confidential communications and privileged communications.
It is true, of course, that § 52-146q (b) provides that “[a]ll communications and records shall be confidential . . . .” Another provision of the statute, however, expressly refers to the confidentiality rights created thereunder as privileges. See General Statutes § 52-146q (a) (5) (“ ‘[authorized representative’ means . . . (C) if a person has been declared incompetent to assert or waive his privileges under this section, a guardian or conservator who is duly appointed to act for the person” [emphasis added]). Moreover, other closely related statutes that protect confidential communications between mental health professionals and their patients or clients give rise to a privilege. See, e.g., General Statutes § 52-146c (privileged communications between psychologist and patient); General Statutes § 52-146d (privileged communications between psychiatrist and patient); General Statutes § 52-146p (privileged communications between marital and family therapist and client); General Statutes § 52-146s (privileged communications between professional counselor and client). At the very least, therefore, § 52-146q is ambiguous as to whether it
Accordingly, we may consult extratextual sources to ascertain the statute’s meaning in this respect. This evidence demonstrates convincingly that the statute was intended to create a privilege for social worker-client communications.
“The common-law principles underlying the recognition of testimonial privileges can be stated simply. For more than three centuries it has now been recognized as a fundamental maxim that the public . . . has a right to every man’s evidence. When we come to examine the various claims of exemption, we start with the primary assumption that there is a general duty to give what testimony one is capable of giving, and that any exemptions which may exist are distinctly exceptional, being so many derogations from a positive general rule. . . . Exceptions from the general rule disfavoring testimonial privileges may be justified, however, by a public good transcending the normally predominant principle of utilizing all rational means for ascertaining truth.” (Citations omitted; internal quotation marks omitted.) Jaffee v. Redmond, 518 U.S. 1, 9, 116 S. Ct. 1923, 135 L. Ed. 2d 337 (1996). This court has held that, because the exercise of an evidentiary privilege “tends to prevent a full disclosure of the truth in court”; (internal quotation marks omitted) PSE Consulting, Inc. v. Frank Mercede & Sons, Inc., supra, 267 Conn. 330; evidentiary privileges should be strictly construed. Id.; see also Herbert v. Lando, 441 U.S. 153, 175, 99 S. Ct. 1635, 60 L. Ed. 2d 115 (1979) (“[e]videntiary privileges in litigation are not favored”); United States v. Nixon, 418 U.S. 683, 710, 94 S. Ct. 3090, 41 L. Ed. 2d 1039 (1974) (evidentiary privileges “are not lightly created nor expansively construed, for they are in derogation of the search for truth”); see generally Viera v. Cohen, 283 Conn. 412, 426-27, 927 A.2d 843 (2007) (statute in derogation of common law “should receive a strict construe
As I have indicated, General Statutes § 52-146q (c) (2) plainly and unambiguously provides that communications that give rise to a belief that a client poses “a substantial risk of imminent physical injury ... to himself or others” may be disclosed and, therefore, are not confidential.
My conclusion is bolstered by the legislative history and genealogy of General Statutes § 52-146e, which governs the psychiatrist-patient evidentiary privilege, and General Statutes § 52-146f, which sets forth specific situations in which consent for disclosure of psychiatric records and communications is not required. Two members of the committee that drafted the original versions of these statutes authored an article
In 1969, however, the legislature amended General Statutes (Rev. to 1968) § 52-146a and created a new exception to the psychiatrist-patient privilege “when the psychiatrist determines that there is substantial risk of imminent physical injury by the patient to himself or others . . . .” Public Acts 1969, No. 819, § 4 (P.A. 819), now codified at General Statutes § 52-146Í (2). The legislative history of P.A. 819 sheds no light on the reason for this legislative change of heart. The article by Goldstein and Katz makes it clear, however, that the exceptions originally listed in General Statutes (Cum. Sup. 1961) § 52-146a, now codified as amended at § 52-146f (1), (4) and (5), were intended to be exceptions to the evidentiary privilege, not merely exceptions to the nondisclosure requirement. See A. Goldstein & J. Katz, supra, 36 Conn. B.J. 186 (“[a]fter a great deal of discussion, and considerable compromise, our committee agreed upon three general situations in which the privilege was to be treated as terminated” [emphasis added]); see also Public Acts 1961, No. 529 (providing that, in three enumerated circumstances, now codified as amended at § 52-146f [1], [4] and [5], “[t]here shall be no privilege for any relevant communications under th[e] act”).
The relevant language of § 52-146q (c) was enacted in 1992; see Public Acts 1992, No. 92-225, § 2; and is substantially identical to the language of § 52-146Í. Accordingly, it reasonably may be presumed that §§ 52-146e and 52-146f served as the pattern for § 52-146q. Moreover, I can conceive of no reason why a psychiatrist would be permitted to testify in a judicial proceeding regarding communications from a patient that gave rise to a reasonable belief that there was a substantial risk that the patient would cause serious injury to himself or others but a social worker would not. Accordingly, I believe that the exception set forth in § 52-146q (c) (2) was intended to have the same scope and meaning as the exception set forth in § 52-146f (2).
The conclusion that § 52-146q (c) (2) creates an exception to the evidentiary privilege also is bolstered by the portion of the statute that permits disclosure
My conclusion that communications falling within § 52-146q (c) (2) are neither confidential nor privileged also is supported by the majority of jurisdictions that have concluded that the duty to warn third parties about threatening statements made to a psychotherapist gives rise to an exception to the psychotherapist-client evidentiary privilege.
Two federal Circuit Courts of Appeals also have recognized the dangerous patient exception to the psychotherapist-patient privilege. See United States v. Auster, 517 F.3d 312, 320 (5th Cir.), cert. denied, 555 U.S. 840, 129 S. Ct. 75, 172 L. Ed. 2d 67 (2008); United States v. Glass, 133 F.3d 1356,1359-60 (10th Cir. 1998) (recognizing dangerous patient exception to psychotherapist-patient privilege in cases in which threat is serious and disclosure is only means of averting harm). The court in Auster rejected the reasoning of two circuit courts that had concluded that there is no such exception because those courts failed to recognize that, under federal evidentiary law, the test for the applicability of an evidentiary privilege is “whether there was a reasonable expectation of confidentiality when the statement was made.”
The court further concluded in Auster that the “cost benefit scales” strongly favor an exception to the privilege in a criminal trial; id., 319; where the public’s interest in the full disclosure of the truth is especially great. Indeed, there may be cases in which the psychotherapist or social worker is the only source of information concerning the threats made by the patient or client. There also may be cases, of course, in which the testimony of the psychotherapist or social worker is critical to the state’s criminal case against the patient or client. When that person remains a threat, and when a criminal prosecution is the best way to protect against that danger, the core purpose of the statutory exception is defeated by barring the psychotherapist or social worker from testifying at trial. In sum, I find the court’s reasoning in Auster persuasive and in accord with the common-law principles governing evidentiary privileges.
The majority’s contrary conclusion is incorrect because its reasoning is flawed in a number of important
The majority’s faulty reasoning in this respect may be demonstrated by applying it to the fee collection exception of § 52-146q (c) (5). See footnote 1 of this opinion. Under that exception, a social worker who makes a claim for collection of fees for services may provide certain otherwise privileged information to “individuals or agencies involved in such collection . . . .” General Statutes § 52-146q (c) (5). The provision, however, contains no express reference to court proceedings. Under the majority’s reasoning, namely, that an exception to the privilege does not apply to judicial proceedings unless the language of the exception contains an express reference to such proceedings, the
Finally, the purpose of § 52-146q (c) (3) and (4) is to limit the scope of the disclosure allowed by the exceptions, not to expand the forums in which disclosure may be made. Nothing in subdivisions (3) and (4) indicates that the legislature intended that some exceptions to the general rule requiring consent for disclosure were for confidentiality purposes and some exceptions were for privilege purposes.
The majority also relies on General Statutes § 52-146o (a), which provides in relevant part that “in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, a physician or surgeon . . . shall not disclose” communications or information made by a patient, in support of its contention that the legislature would have expressly allowed court testimony in § 52-146q (c) (2) if that is what it had intended to do. The majority further relies on General Statutes § 52-146c (b), which provides in relevantpart: “[I]n civil and criminal actions, in juvenile, probate, commitment and arbitration proceedings, in proceedings preliminary to such actions or proceedings, and in legislative and administrative proceedings, all communications shall be privileged and a psychologist shall not disclose any such communications . . . .” Contrary to the majority’s contention, however, these statutes tend to demonstrate that, if the legislature had intended to prohibit disclosures in court proceedings under the exception set forth in § 52-146q (c) (2), it knew how to do so expressly.
Finally, the majority’s interpretation has potentially dangerous consequences that are antithetical to the purpose of § 52-146q (c) (2). One such example, which I previously described, is the case in which the social worker’s testimony is critical to the state’s criminal prosecution of the client—a course of action that will be most prudent when the client remains a danger to the target of his threat. The following additional example also is illustrative of the serious adverse consequences of the majority’s holding. A social worker, S, learns from her client, C, that C intends to cause immediate and serious physical injury to a third person, T. Because the communication falls within § 52-146q (c)
For all the foregoing reasons, I would conclude that, because the communications and records that are subject to § 52-146q (c) (2) are not confidential, they are not privileged, and, therefore, the trial court properly admitted Burke’s testimony about the defendant’s threatening statements.
General Statutes § 52-146q provides in relevant part: “(b) All communications and records shall be confidential and, except as provided in subsection (c) of this section, a social worker shall not disclose any such communications and records unless the person or his authorized representative consents to such disclosure. Any consent given shall specify the individual or agency to which the communications and records are to be disclosed, the scope of the communications and records to be disclosed, the purpose of the disclosure and the expiration date of the consent. A copy of the consent form shall accompany any communications and records disclosed. The person or his authorized representative may withdraw any consent given under the provisions of this section at any time by written notice to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications and records disclosed prior to notice of the withdrawal, except that such communications and records may not be redisclosed after the date of the notice of withdrawal.
“(c) Consent of the person shall not be required for the disclosure or transmission of such person’s communications and records in the following situations as specifically limited:
“(1) Communications and records may be disclosed to other individuals engaged in the diagnosis or treatment of the person or may be transmitted to a mental health facility to which the person is admitted for diagnosis or treatment if the social worker in possession of the communications and records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment, or when a social worker, in the course of evaluation or treatment of the person, finds it necessary to disclose the communications and records for the purpose of referring the person to a mental health facility. The person shall be informed that the communications and records have been so disclosed or transmitted. For purposes of this subdivision, individuals in professional training are to be considered as engaged in the diagnosis or treatment of the person.
“(2) Communications and records may be disclosed when a social worker determines that there is a substantial risk of imminent physical injury by the person to himself or others, or when disclosure is otherwise mandated by any provision of the general statutes.
“(3) Communications and records made in the course of an evaluation ordered by a court may be disclosed at judicial proceedings in which the person is a party provided the court finds that the person has been informed before making the communications that any communications and records may be so disclosed and provided further that communications and records shall be admissible only on issues involving the person’s mental condition.
“(4) Communications and records may be disclosed in a civil proceeding in which the person introduces his mental condition as an element of his claim or defense or, after the person’s death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the person. For any disclosure under this subdivision, the court shall find that
“(5) If a social worker makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided written notification that such disclosure will be made is sent to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fees or claims, the disclosure of further information shall be limited to the following: (A) That the person did in fact receive the services of the social worker, (B) the dates and duration of such services, and (C) a general description of the types of services.”
Because the majority ultimately determines that the admissibility of Burke’s testimony, although improper under § 52-146q (c) (2), was nevertheless harmless, it affirms the judgment of conviction. I therefore concur in the judgment.
Indeed, as I explain more fully hereinafter; see footnote 5 of this opinion; in light of the majority’s conclusion that Burke’s testimony was barred by § 52-146q, it is apparent that the majority necessarily treats that statutory section as establishing a privilege.
The state claims that this is the proper interpretation of the statute.
Despite its care in characterizing § 52-146q as a “confidentiality” statute; see footnote 10 of the majority opinion; the majority treats § 52-146q as establishing a privilege. This is so because if § 52-146q did not create a privilege, a disclosure of communications authorized under the statute’s
The majority contends that “[cjonfidentiality is not destroyed by disclosure to prevent injury . . . .” The majority cites no authority, however, for the proposition that information that has been disclosed to a third person
The majority criticizes this assertion, claiming that “ ‘[t]he fact that . . . relevant statutory provisions are silent . . . does not mean that they are ambiguous.’ Carmel Hollow Associates Ltd. Partnership v. Bethlehem, 269 Conn. 120, 133, 848 A.2d 451 (2004) . . . .” (Citation omitted.) To the extent that this statement purports to indicate that statutory silence cannot render a statute ambiguous, the statement simply is incorrect as a matter of law and logic. “[Statutory] silence does not . . . necessarily equate to ambiguity”; (emphasis added) Manifold v. Ragaglia, 272 Conn. 410, 419, 862 A.2d 292 (2004); but silence may well give rise to ambiguity depending on the context in which it arises.
disagree with the majority that merely because § 52-146q (c) (2) contains no reference to court proceedings, it plainly and unambiguously does not apply to court proceedings. The dangerous client exception is entirely different from the exceptions under § 52-146q (c) (3) and (4), which, by their very nature, necessarily are limited only to court proceedings. Because § 52-146q (c) (2) is not necessarily so limited, the fact that it contains no indication one way or the other as to whether it extends to court proceedings does not lead to the conclusion that it cannot apply to such proceedings.
Professor Charles McCormick states that the traditional conditions for the establishment of a privilege are:
“(1) The communications must originate in a confidence that they will not be disclosed;
“(2) This element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;
“(3) The relation must be one which in the opinion of the community ought to be sedulously fostered; and
“(4) The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation.” 1 C. McCormick, Evidence (6th Ed. 2006) § 72, p. 340 n.7.
“[T]he common-law rule [is] that everyone is presumed to know the law____” State v. Knybel, 281 Conn. 707, 713, 916 A.2d 816 (2007). Accord
The defendant nevertheless maintains that “[a] client is . . . not on notice that threats—which come in varying kinds and degrees—will necessarily be disclosed.” I agree that the application of § 52-146q (c) (2) to a particular communication requires the exercise of judgment, and, in determining whether a social worker’s in-court testimony should be admitted, the trial court may be required to make a threshold determination as to whether the client’s statements were disclosable to the target of the threat in the first instance. The question in this case, however, is not whether the statute applied to the defendant’s statements to Burke but whether statements to which § 52-146q (c) (2) undisputedly applies are subject to an evidentiary privilege. Because clients are on notice that, if they communicate to a social worker threats that fall within the scope of § 52-146q (c) (2), those threats potentially may be disclosed and therefore are not confidential.
See A. Goldstein & J. Katz, “Psychiatrist-Patient Privilege: The GAP Proposal and the Connecticut Statute,” 36 Conn. B.J. 175, 183 and n.l7 (1962).
Number 529 of the 1961 Public Acts was codified at General Statutes (Cum. Sup. 1961) § 52-146a and is now codified as amended at General Statutes §§ 52-146e and 52-146f.
The “privilege” language was deleted from § 52-146a and replaced with the reference to confidentiality when the legislature amended the statute in 1969. See P.A. 819. The legislative history of P.A. 819 indicates that the
emphasize that I do not conclude that no communication or record that comes within any of the exceptions set forth in § 52-146q (c) is privileged. Under § 52-146q (c) (1), for example, it is undoubtedly the case that the persons to whom the social worker discloses the records and communications are themselves subject to confidentiality requirements, and, therefore, the disclosure of the records and communications to them by the social worker would not destroy their confidentiality. I conclude only that, to the extent that any of the exceptions allow disclosures that would destroy the confidentiality of communications and records, those communications and records would not be privileged.
The majority contends that these cases are inapposite because they involve common-law exceptions to the psychotherapist-patient evidentiary
The California Evidence Code, § 1024, provides: “There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.” Cal. Evid. Code § 1024 (Deering 2004). The court in San Diego Trolley, Inc., explained that “[t]he exception is an expression of the [legislature's determination that the value of safeguarding confidential psychotherapeutic communications, as great as it is, is outweighed by the public interest in protecting foreseeable victims from physical harm.” San Diego Trolley, Inc. v. Superior Court, supra, 87 Cal. App. 4th 1091. Although, unlike the California rule, § 52-146q (c) (2) does not expressly state that communications that fall within its scope are not privileged, it must be construed in light of this public interest.
In support of its conclusion, the Oregon Supreme Court relied in large part on the reasoning of the Connecticut Bar Journal article discussing the enactment of Public Acts 1961, No. 529, and indicating that the drafting committee deliberately had chosen not to include a dangerous patient exception in the proposed legislation. See State v. Miller, supra, 300 Or. 216 n.9, quoting A. Goldstein & J. Katz, supra, 36 Conn. B.J. 188. As I have indicated, however, subsequent amendments to the statute demonstrate that our legislature ultimately changed its position.
As I have indicated, this is also the traditional rule under the common law. See footnote 9 of this opinion.
The court in Chase stated summarily that “a communication can be ‘not confidential’ under state law . . . but still ‘privileged’ under the Federal Rules of Evidence.” United States v. Chase, supra, 340 F.3d 988. Rule 501 of the Federal Rules of Evidence provides in relevant part: “Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States
The court in Hayes stated that “it cannot be the case that the scope of a federal testimonial privilege should vary depending [on] state determinations of what constitutes ‘reasonable’ professional conduct.” United States v. Hayes, supra, 227 F.3d 584. As the court in Auster noted, however, the application of “ [federal law does not depend on state law but instead [turns] on the lack of confidentiality . . . .” United States v. Auster, supra, 517 F.3d 317. Nevertheless, the reasoning of the court in Hayes has no relevance to our interpretation of this state’s law.
As the court in Auster explained, “[c]onsider the marginal impact on effective therapy of allowing a statement into evidence that the patient knew would be communicated to third parties when he uttered it. In such a
The majority dismisses this hypothetical application of the interpretation of § 52-146q (c) (2) that it adopts on the ground that “statutory interpretation involves the determination of the meaning of the statutory language as applied to the facts of the case(Emphasis in original; internal quotation marks omitted.) Footnote 22 of the majority opinion. Surely, the majority does not mean to imply that its interpretation of § 52-146q (c) (2) would not be binding in a case involving these hypothetical facts. Contrary to the majority’s suggestion that this court, is prohibited from considering the future ramifications of its interpretation of a statute, this court is required to consider those ramifications. Indeed, the only reason that the majority gives for declining to consider the hypothetical is that such consideration is barred by § l-2z, a broad assertion with which I also disagree. To the extent that the majority deems the hypothetical to be irrelevant because of its conclusion that § 52-146q is plain and unambiguous as applied to the facts of this case, I previously have explained my disagreement with the majority’s determination in that regard.
I also am confused by the majority’s substantive response to the posited hypothetical. The majority raises the possibility that the potential harm posed by its interpretation of § 52-146q may be mitigated by testimony from the social worker (1) concerning the existence of a professional relationship with the client, and (2) that the social worker did in fact warn the third party, in accordance with the dangerous client exception, of the substantial and imminent risk of being harmed physically by the client. Footnote 22 of the majority opinion. Contrary to the majority’s suggestion, it seems quite evident that such testimony would effectively constitute disclosure of information that inarguably is protected under the statute. Moreover, if, in fact, the majority is correct in suggesting that § 52-146q does not preclude testimony by a social worker that he warned a third party m accordance with the statute’s dangerous client exception, I am unable to discern why the
Opinion of the Court
Opinion
The defendant, John Dean Orr, appeals
The jury reasonably could have found the following facts. Beginning in 2001, the defendant began visiting with Kenneth Edwards, Jr., a captain in the New London police department. Over a two year period, the defendant’s visits with Edwards at his office occurred almost weekly. During these visits, conversation between the two ranged from the defendant’s concerns about the police department to discussion about both of their families and themselves. The defendant also regularly called Edwards by telephone, and the two exchanged dialogue similar to that of their face-to-face visits.
On January 11 and 13, 2005, the defendant left two voicemail messages for Edwards on his office telephone in which he used curse words and accused Edwards of, among other things, giving the defendant’s name “up to drug dealers,” and attempting to charge him with arson.
The state ultimately charged the defendant with four counts of harassment in the second degree in violation of § 53a-183 (a) (l)
At trial, the state sought to introduce evidence of misconduct by the defendant through the testimony of five different witnesses. Doreen Fuller, the principal of an elementary school, Officers Graham Mugovero, Todd Bergeson and William Edwards,
At the conclusion of the trial, the jury acquitted the defendant of two counts of harassment in the second degree under § 53a-183 (a) (1), but found him guilty of two counts of harassment in the second degree in violation of § 53a-183 (a) (3). The trial court thereafter sentenced the defendant to a total effective term of six months incarceration, suspended after sixty days, with one year probation. This appeal followed.
I
The defendant first claims that the trial court improperly concluded that the dangerous client exception to the social worker-client confidentiality rule contained in § 52-146q (c) (2) permits in-court testimony by the social worker, and that Burke’s testimony therefore was improperly ordered by the trial court. More specifically, the defendant claims that the trial court improperly ordered Burke to testify because the social worker-client confidence protected his testimony as confidential. The defendant further claims that recognition of the social worker-client confidence is essential to the mental health and well-being of Connecticut citizens, and that a testimonial exception to this confidentiality under § 52-146q (c) (2) would directly undermine this well-being. Additionally, the defendant asserts that admission of Burke’s testimony was not a harmless impropriety because the testimony was probative in showing that Edwards was not alone in concluding that the defendant was a danger to Edwards and his family.
In response, the state asserts that § 52-146q (c) (2) creates a testimonial exception to the social worker-
The following additional undisputed facts and procedural history are relevant to our resolution of this claim. The defendant filed a motion in limine to preclude the state from admitting evidence of misconduct by the defendant. Specifically, the defendant sought to preclude Burke, Fuller, Mugovero, Bergeson, and William Edwards from testifying. In his motion, the defendant objected to the admission of testimony by Burke, whom he argued would improperly breach the statutory social worker-client confidence by testifying. The trial court denied the motion in limine and ordered Burke to testify before the jury about the nature of his relationship as well as his prior communications with the defendant, concluding that his testimony fell within the dangerous client exception to the social worker-client confidentiality statute. The trial court then ordered Burke to answer questions not about the precise statements made to him by the defendant, but instead about his perceptions of what the defendant had told him. The trial court also gave a limiting instruction to the jury
At trial, Burke testified that after being telephoned by the police department, he interviewed the defendant in August, 2003, while the defendant was in lockup for a prior, unrelated charge. Without testifying as to the specific content of his interview of the defendant, Burke testified that his impression after the interview was one of “concern”; he “was very concerned about some of the contents of what [the defendant] had said,” and believed that the defendant was “very angry” with Edwards and that both Edwards and his family “might be in danger.” Burke further testified that pursuant to the statutory exception to the social worker-client confidentiality statute, he “felt [he] had a duty to warn [Edwards]” of this danger. In answering the state’s questions on redirect examination, Burke again testified before the jury that his interview of the defendant occurred while the defendant was in “lockup.”
The defendant’s claim requires us to interpret § 52-146q (c) (2). We first address the appropriate standard of review. “Well settled principles of statutory interpretation govern our review.” Viera v. Cohen, 283 Conn. 412, 420-21, 927 A.2d 843 (2007); see also, e.g., Edelstein v. Dept. of Public Health & Addiction Services, 240 Conn. 658, 659, 692 A.2d 803 (1997) (interpretation of General Statutes § 52-146o, physician-patient confidentiality statute). “Because statutory interpretation is a question of law, our review is de novo.” Andover Ltd. Partnership I v. Board of Tax Review, 232 Conn. 392, 396, 655 A.2d 759 (1995); see also State v. Arthur H., 288 Conn. 582, 590, 953 A.2d 630 (2008) (“[a]s with any question of statutory construction, our review of this threshold question as to the requirements of the statute is plenary”).
In accordance with § l-2z, we begin our analysis with the text of the statute. Section 52-146q (b) provides in relevant part: “All communications and records shall be confidential and, except as provided in subsection (c) of this section, a social worker shall not disclose any such communications and records unless the person or his authorized representative consents to such disclosure. . . .” The subsection creating the relevant exception in the present case, § 52-146q (c), provides in relevant part: “Consent of the person shall not be required for the disclosure or transmission of such person’s communications and records in the following situations as specifically limited ... (2) Communications and records may be disclosed when a social worker determines that there is a substantial risk of imminent physical injury by the person to himself or others . . . .” (Emphasis added.)
The text of § 52-146q (c) thus provides us with particular instructions: it requires that the statutory exceptions to the social worker-client confidentiality statute
We note with particular emphasis that this silence does not constitute ambiguity.
We are mindful of the significance of the precise language and syntax used by the legislature in § 52-146q
The implications of this strict reading of the text are significant. Because all communications between social workers and their clients are confidential, those communications falling under the dangerous client exception are confidential as well. When a social worker determines, through communication with his or her
The marked difference in the text of the statutory exceptions, together with the specific language and syntax used by the legislature, as well as the statute’s direction to read the exceptions “as specifically limited,” leads us to conclude that this exception was not intended to permit in-court testimony. If the legislature wanted to make specific allowances for the disclosure of otherwise confidential communications between social workers and their clients in court proceedings, it could have done so, and, in fact, has already done so in two other subdivisions of § 52-146q (c). See, e.g., Genesky v. East Lyme, supra, 275 Conn. 258 (“if the legislature wants to grant benefits to [constables and police officers] in a single statutory provision, it knows howto do so”); Carmel Hollow Associates Ltd. Partnership v. Bethlehem, supra, 269 Conn. 135 (“if the legislature had wanted to grant a municipality . . . discretionary authority with respect to the classification of property as forest land it could have done so”); State v. Higgins, 265 Conn. 35, 46, 826 A.2d 1126 (2003) (“if the legislature had wanted to make knowledge as to location of a school an element of the offense [of possession of narcotics within 1000 feet of a school], it would have done so” [internal quotation marks omitted]); State v. Sostre, 261 Conn. 111, 135-36, 802 A.2d 754 (2002) (“if the legislature had wanted to turn killings accomplished during robberies, burglaries and laxce-
Our examination of the relationship of § 52-146q (c) (2) to other statutes establishing confidentiality of certain records and communications requires a similar interpretation. General Statutes § 52-146o, which was enacted in 1990 only two years prior to § 52-146q, protects patients’ communications and information from disclosure by physicians, surgeons and health care providers. Section 52-146o (a) specifically provides that “in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, a physician or surgeon . . . shall not disclose” any communications by or information from a patient. Although § 52-146o is not substantively parallel to § 52-
Having concluded that § 52-146q is clear and unambiguous, we are statutorily prohibited by § l-2z from conducting any extratextual analysis. Even if we were to conclude, however, that § 52-146q is ambiguous and that we are therefore permitted to consider extratextual
The statutory exceptions in § 52-146q (c) should be strictly construed and limited to their plain and literal meaning. When compared to other subdivisions of the same statute as well as other similar confidentiality statutes, it is clear that the legislature carefully chose the very precise words that it used in § 52-146q (c) (2) and failed to authorize testimony in court proceedings. Where a social worker “determines that there is a substantial risk of imminent physical injury by the person to himself or others,” he or she may choose to disclose that information to prevent physical injury. General Statutes § 52-146q (c) (2). That exception, however, as “specifically limited” by the precise language of the statute, does not permit the social worker to testify as to the client’s confidential communication in any court proceedings. Accordingly, we further conclude that the trial court improperly ordered Burke to testify about the communications made to him by the defendant in violation of § 52-146q (c) (2).
“[WJhether [the improper admission of a witness’ testimony] is harmless in a particular case depends upon a number of factors, such as the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution’s case. . . . Most importantly, we must examine the impact of the [improperly admitted] evidence on the trier of fact and the result of the trial.” (Internal quotation marks omitted.) State v. Sawyer, supra, 279 Conn. 358; see also State v. Gonzalez, 272 Conn. 515, 527, 864 A.2d 847 (2005); State v. Peeler, 271 Conn. 338, 385, 857 A.2d 808 (2004), cert. denied, 546 U.S. 845, 126 S. Ct. 94, 163 L. Ed. 2d 110 (2005); State v. Rolon, 257 Conn. 156, 174, 777 A.2d 604 (2001).
In the present case, Burke’s testimony was not of great importance to the state’s case against the defendant. First, Burke’s testimony did not include a repeti
Fourth, the defendant was given a unique opportunity to prepare his cross-examination of Burke with the knowledge and foresight of what questions the state would ask Burke during its direct examination. During argument over the defendant’s objection to the admission of Burke’s testimony, the state specifically outlined for both the court and the defendant the exact questions it planned to ask Burke. As the trial court remarked, the defendant “[knew] exactly what the direct questions [would] be” and thus could “cross-examine with any questions . . . with regard to any documentation or whatever else [he felt to be] necessary.” Additionally, the defendant was given an opportunity to speak with Burke during the recess before Burke’s testimony, in order to clarify certain points that would be important in his cross-examination. The defendant was thus clearly given a broad opportunity to prepare for his cross-examination of Burke.
II
The defendant next claims that the trial court improperly admitted the uncharged misconduct testimony of Fuller, and Officers Mugovero, Bergeson and William Edwards. The defendant claims that each witness’ testimony should have been barred as irrelevant, more prejudicial than probative, or cumulative, or all three. He further contends that the admission of any and all of this testimony was harmful. In response, the state claims that the testimony of the four witnesses properly was admitted within the trial court’s broad discretion. Specifically, the state asserts that the witnesses’ testimony was relevant to the defendant’s state of mind and not to his character. We agree with the state and conclude that the trial court did not abuse its discretion in admitting the challenged testimony.
The following undisputed additional facts and procedural history are relevant to our resolution of this claim. At trial, the state introduced the uncharged misconduct testimony.
Bergeson, another New London police officer, testified that: (1) while investigating a reported disturbance at the defendant’s home on November 15,2005, he heard the defendant “yelling and screaming” about how “both . . . Edwards and his brother [William] Edwards should both be dead”; and (2) on April 12, 2006, the defendant told Bergeson that his constitutional rights were being violated, that “Edwards has one more coming,” and that Bergeson should “[j]ust tell . . . Edwards that [he is] trying to protect his children, maybe [Edwards will] give [him] $20 for it.” Finally, William Edwards, Captain Edwards’ brother and an officer with the New London police department, testified about three encounters with the defendant prior to his arrest. During these encounters, which occurred in December, 2003, October, 2004 and November, 2004, respectively, the defendant: (1) accused William Edwards of being a thief; (2) stated that “you’ll get yours, I know where your daddy is and where your brother is”; and (3) called William Edwards a coward and stated that “time was running out” for the Edwards family.
We first address the applicable standard of review for this evidentiary challenge. “We review the trial court’s decision to admit evidence, if premised on a correct view of the law ... for an abuse of discretion.” State v. Saucier, 283 Conn. 207, 218, 926 A.2d 633 (2007). “We will make every reasonable presumption in favor of upholding the trial court’s ruling, and only upset it for a manifest abuse of discretion.” (Internal quotation marks omitted.) State v. Ritrovato, 280 Conn. 36, 50,
“The rules governing the admissibility of evidence of a criminal defendant’s prior misconduct are well established. Although evidence of prior unconnected crimes is inadmissible to demonstrate the defendant’s bad character or to suggest that the defendant has a propensity for criminal behavior . . . such evidence may be admissible for other purposes, such as to prove knowledge, intent, motive, and common scheme or design, if the trial court determines, in the exercise of judicial discretion, that the probative value of the evidence outweighs its prejudicial tendency.” (Internal quotation marks omitted.) State v. Ellis, supra, 270 Conn. 354; see also State v. Morowitz, 200 Conn. 440, 442, 512 A.2d 175 (1986).
It is well established that the trial court is afforded broad discretion in determining whether to admit each witness’ testimony; State v. Ellis, supra, 270 Conn. 355; and must conduct a balancing act of the testimony’s prejudicial versus probative value. Id., 354. Also, “[s]ome degree of prejudice inevitably accompanies the admission of evidence of a defendant’s other misconduct.” (Internal quotation marks omitted.) Id., 365; see also State v. Sierra, 213 Conn. 422, 436, 568 A. 2d 448 (1990); State v. Faria, 47 Conn. App. 159, 175, 703 A.2d 1149 (1997), cert. denied, 243 Conn. 965, 707 A.2d 1266 (1998). “Evidence is prejudicial when it tends to have some adverse effect upon a defendant beyond tending to prove the fact or issue that justified its admission into
We begin our analysis by noting first that harassment in the second degree under § 53a-183 (a) (3) is a specific intent crime. In the present case, therefore, the state had the burden to prove, beyond a reasonable doubt, the defendant’s intent to “harass, annoy or alarm” Edwards. General Statutes § 53a-183 (a) (3); see, e.g., State v. Roy, 233 Conn. 211, 212-13, 658 A.2d 566 (1995) (state must “convince a trier of fact beyond a reasonable doubt of the existence of every element of the offense” [internal quotation marks omitted]).
The testimony of each of these four witnesses was relevant to the defendant’s intent. Fuller’s testimony corroborated the state’s claim that the defendant was fixated on Edwards, and was relevant to show the defendant’s specific intent to cause alarm with regard to the safety of Edwards’ children. The testimony of Mugovero and Bergeson showed the defendant’s specific intent to cause annoyance, and helped the jury understand how a police officer might have been alarmed by the defendant’s conduct. Likewise, William Edwards’ testimony was relevant to show the defendant’s intent to “harass, annoy or alarm” Captain Edwards in violation of § 53a-183 (a) (3).
Furthermore, the record in the present case reflects that the trial court properly undertook a balancing of the probative value of the evidence against its prejudicial effect and determined that the prejudice did not outweigh its probative value. The trial court carefully listened to the defendant’s arguments about prejudice as well as the state’s offers of proof as to the probative value of the testimony. The court nevertheless properly found the evidence admissible.
We briefly address the defendant’s claim that the testimony of Fuller and Bergeson was irrelevant because it concerned events that occurred three to four months after the defendant had been arrested. We conclude that the trial court reasonably could have determined that their testimony was relevant to the issue of
Under the given circumstances, with due regard for the broad leeway possessed by trial courts in determining the admissibility of evidence, we conclude that the trial court did not abuse its broad discretion in admitting the testimony of Fuller, Mugovero, Bergeson and William Edwards. Accordingly, we conclude that the trial court acted properly.
The judgment is affirmed.
In this opinion ROGERS, C. J., and NORCOTT and SCHALLER, Js., concurred.
The defendant appealed from the judgment of conviction to the Appellate Court, and we transferred the case from the Appellate Court to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.
General Statutes § 53a-183 (a) provides in relevant part: “A person is guilty of harassment in the second degree when ... (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.”
General Statutes § 52-146q (c) provides in relevant part: “Consent of the person shall not be required for the disclosure or transmission of such person’s communications and records in the following situations as specifically limited . . .
“(2) Communications and records may be disclosed when a social worker determines that there is a substantial risk of imminent physical injury by the person to himself or others . . . .”
The defendant raises two additional issues in his brief. He first claims that the trial court improperly denied his motion to dismiss the first two counts of the state’s substitute information as being time barred by the applicable statute of limitations. He also claims that the prosecution was void ab initio on the ground that the arrest warrant was issued with the wrong name. The defendant fails to cite any authority or to provide adequate analysis in support of these claims, however, and we therefore decline to review them. See State v. T.R.D., 286 Conn. 191, 213-14 n.18, 942 A.2d 1000 (2008) (“We repeatedly have stated that [w]e are not required to review issues that have been improperly presented to this court through an inadequate brief. . . . Analysis, rather than mere abstract assertion, is required in order to avoid abandoning an issue by failure to brief the issue properly. . . . Where a claim is asserted in the statement of issues but thereafter receives only cursory attention in the brief without substantive discussion or citation of authorities, it is deemed to be abandoned.” [Internal quotation marks omitted.]).
Edwards saved the voicemails, which were played for the jury during the trial. The defendant left Edwards the following voicemail on January 11, 2005: “Hi, Ken Edwards. This is John Orr. Once again I’m telling the story about how you cheated me every day, denied my subpoena, denied me the right—(beeping sound heard}—anything else in the world, and that your brother threatens to kill me and you let him get away with it, and, urn—uhh, I think the other day somebody was making a comment about me up at Sam’s. You know, it’s really a good police department you (beeping sound heard), right? What’s the matter, you can’t bust the heroin dealers in this town, Mr. Edwards? Well, just remember this: Don’t tick me off too much because I will go to—I will go to Providence, I will go to New York City, I will go somewhere that (beeping sound heard) somebody that f king really doesn’t give a damn, okay? Have a good day, Captain Edwards.”
The defendant left Edwards the following voicemail on January 13, 2005: “Hi, Captain Edwards. This is John Orr and I was just talking to some people that are telling me how you get people that are drug addicts to rat out on their drug dealers. And I just thought I would mention to them about Sheri and how she bought at 81 Hempstead Street and when I went to you (beeping sound heard), you gave my name up or somebody in your department gave my name up to drug dealers. And then you proceeded to use your father, the little stinkin’ fire department—what was he, a deputy faggot or something like that? But anyway, um—and, I’m sorry, deputy chief (beeping sound heard), that’s what they call it, right? And then you went after me for attempting ass—arson, asshole—arson, I’m sorry. I stutter, you know, mental
Keith Crandall, a detective in the New London police department who was the initial investigating officer, testified at trial that the beeping sound heard during the recorded voicemails is an “electronic signature” to let the person who is making the call to the police department know that they are being recorded.
General Statutes § 53a-183 (a) provides in relevant part: “A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language . . . .”
See footnote 2 of this opinion for the text of § 53a-183 (a) (3).
William Edwards is Captain Edwards’ brother. We refer herein to Captain Edwards by his last name only and to William Edwards by his full name.
General Statutes § l-2z provides: “The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.”
We are mindful that under § l-2z, we must first look to construe the text as it exists, without reference to outside sources. See, e.g., Genesky v. East Lyme, 275 Conn. 246, 277-78, 881 A.2d 114 (2005) (must first look to text under § l-2z analysis). Accordingly, we are careful not to describe the social worker-client confidentiality statute as a privilege until we find an ambiguity that permits reference to extratextual sources and thus allows a deeper exploration of any alleged distinction between confidentiality and privilege.
General Statutes § 52-146q (c) (3) provides: “Communications and records made in the course of an evaluation ordered by a court may be disclosed at judicial proceedings in which the person is a party provided the court finds that the person has been informed before making the communications that any communications and records may be so disclosed and provided further that communications and records shall be admissible only on issues involving the person’s mental condition.”
General Statutes § 52-146q (c) (4) provides: “Communications and records may be disclosed in a civil proceeding in which the person introduces his mental condition as an element of his claim or defense or, after the person’s death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the person. For any disclosure under this subdivision, the court shall find that it is more important to the interests of justice that the communications and records be disclosed than that the relationship between the person and the social worker be protected. ”
The concurring opinion focuses on this silence and contends that because “[t]he provision does not specify one way or the other whether disclosable, nonconfidential communications and records are, nevertheless, privileged,” the passage is ambiguous and therefore permits the consideration of extratextual sources. We strongly disagree because, as we will explain, statutory silence does not constitute ambiguity. Moreover, § 52-146q (c) (2) does not meet the standard for ambiguity that we have established in our case law.
This is contrary to the assertion by the concurring opinion that the word “confidential” plainly and unambiguously means that the communications “generally may be disclosed under court order, over the objection of the information supplier, when a court deems it necessary to do so under a standard such as in the interests of justice or necessity.” (Internal quotation marks omitted.) If the legislature intended to use this meaning of “confidential,” it would not have felt the need to provide explicitly for both confidentiality and limited disclosure. Instead, the legislature would merely have described the communications as “confidential,” without need to include any disclosure clause because of its inclusion within the meaning of confidentiality. The legislature’s provision for confidentiality, however, is separate from its provision that prohibits limited disclosure, and so it is clear that, contrary to the concurrence’s conclusion, the legislature intended that all communications between social workers and their cliente be confidential.
The concurrence finds it significant that while § 52-146q (c) (2) does not expressly allow the disclosure of communications or records in court proceedings, it also does not expressly prohibit that disclosure. Section 52-146q (c) explicitly requires, however, that the exceptions contained within be read as “specifically limited . . . Where those exceptions are limited to include disclosure during in-court testimony, such allowances are specifically made. See General Statutes § 52-146q (c) (3) and (4). Where those allowances are not specifically referenced, however, we decline to read them into the text.
We note that many of the confidentiality statutes established in Connecticut contain specific exceptions for dangerous clients or patients, where those persons’ confidences may be breached without their consent if the professional sharing those confidences believes, in good faith, that the person poses an imminent threat or danger either to themselves or to others. Most of these statutes notably reference court proceedings where the legislature either creates or prohibits in-court testimony opportunities. See generally, e.g., General Statutes § 52-146c (psychologist-patient confidentiality statute); General Statutes § 52-146Í (psychiatrist-patient confidentiality statute); General Statutes § 52-146o (physician-patient confidentiality statute); General Statutes § 52-146p (marital and family therapist-person confidentiality statute); General Statutes § 52-146s (professional counselor-person confi
General Statutes § 52-146f (4) provides in relevant part: “Communications made to or records made by a psychiatrist in the course of a psychiatric examination ordered by a court or made in connection with the application for the appointment of a conservator by the Probate Court for good cause shown may be disclosed at judicial or administrative proceedings . . . .”
General Statutes § 52-146f (5) provides: “Communications or records may be disclosed in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient’s death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the patient and the court or judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between patient and psychiatrist be protected.”
General Statutes § 52-146f (2) provides in relevant part: “Communications or records may be disclosed when the psychiatrist determines that there is substantial risk of imminent physical injury by the patient to himself or others or when a psychiatrist, in the course of diagnosis or treatment of the patient, finds it necessary to disclose the communications or records for the purpose of placing the patient in a mental health facility . . . .”
The concurrence focuses on §§ 52-146e and 52-146Í as the model for the legislature’s enactment of § 52-146q. It contends that the legislature’s 1969 creation of the dangerous patient exception to the psychiatrist-patient confidentiality statute; see Public Acts 1969, No. 819, § 4 (b), now codified at § 52-146Í (2); was intended to be an exception to the more general evidentiary privilege as evidenced by its placement with other such exceptions within the statutory scheme, namely, § 52-146Í (1), (4) and (5). We disagree. While the language of subsection (4) and (5) of § 52-146Í itself creates exceptions to the evidentiary privilege for in-court testimony, subsection (1) merely allows for the disclosure of communications or records for the purpose of diagnosis or treatment and contains no provision that either explicitly permits disclosure of this information during in-court testimony or that has been interpreted by this court to permit the same.
Both the state and the concurrence emphasize in particular the analysis in United States v. Auster, 517 F.3d 312 (5th Cir.), cert. denied, 555 U.S. 840, 129 S. Ct. 75, 172 L. Ed. 2d 67 (2008). The analysis by the court in Auster bears no relation to our analysis today, however, because its reasoning is based on common-law principles governing federal evidentiary privileges. Thus, the court was not interpreting a statutory enactment, as we are in the present case. Common-law principles have no bearing on our statutory analysis in the present case.
We briefly address the hypothetical situation proposed by the concurrence, which concerns a third party’s failure to apply successfully for a restraining order because of a social worker’s inability to testify at the court hearing for such an order. First, we emphasize that “[t]he process of statutory interpretation involves the determination of the meaning of the statutory language as applied to the facts of the case . . . .” (Emphasis added; internal quotation marks omitted.) Weems v. Citigroup, Inc., 289 Conn. 769, 778, 961 A.2d 349 (2008). Section l-2z, which specifically directs our attention to the actual text of the statute and its relationship to other statutes, does not permit statutory interpretation to be influenced by hypotheticals. Moreover, although § 52-146q (c) (2) prohibits social workers from testifying as to the substantive content of their confidential communications with and records of their clients, it may not preclude social workers from testifying to: (1) the existence of a confidential relationship; and (2) the fact that the social worker warned the third party of possible injury as permitted under the statute. Some courts have noted a possible distinction between testimony concerning the substance of confidential communications and testimony concerning the fact of disclosure of those communications. See, e.g., United States v. Chase, 340 F.3d 978, 988 n.4 (9th Cir. 2003), cert. denied, 540 U.S.
The defendant’s motion in limine sought to preclude the testimony of these four witnesses as well as that of Burke. As we previously have referenced herein, the trial court denied the motion. It did, however, give limiting instructions to the jury after each witness testified so that the jury would know for what specific purposes it should consider the testimony.
We note that the trial court admitted the testimony of these witnesses for the perhaps improper purpose of corroborating the state of mind of the victim. See footnote 25 of this opinion. Because the testimony was otherwise properly admissible to show the intent of the defendant, however, any evidentiary or instructional impropriety by the trial court was harmless. See, e.g., State v. DeJesus, 288 Conn. 418, 474-76, 953 A.2d 45 (2008) (uncharged misconduct evidence improperly admitted to prove common scheme or plan constituted harmless evidentiary impropriety where evidence otherwise was admissible to show defendant’s propensity to engage in criminal behavior). The trial court properly instructed the jury that it should not consider the testimony as evidence of the defendant’s character, thus preventing its consideration for a highly improper and prejudicial purpose.
The trial court gave the jury the following charge: “The testimony of this witness isn’t being offered to go to the character of [the defendant], it is not to say that he has a bad character. That’s not what it’s admissible for. What we are talking about here is circumstantial evidence which I told you about and I’ll tell you about again later. It goes to corroboration of the state of mind of the victim and not to [the defendant’s] character which is not the issue here at all, [the defendant’s] character. And when we do the final instructions I’ll go back over this. I want you to be aware each time a witness testifies, that it’s not [the defendant’s] character that’s in question here but what the state is doing now is putting on witnesses that they feel corroborate Captain Edwards’ statements. And I’ll be bringing that up again. I want you to hear that each time a witness testifies.”
Reference
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