As described in a previous article, the Appellate Court of Connecticut agreed with the State that a jury made permissible inferences regarding a defendant’s fraudulent receipt of worker’s compensation benefits. Prior to this decision, the Court heard additional matters regarding the sufficiency of the evidence used to convict the defendant of charges stemming from the hotel robbery itself.
As the police investigation proceeded, the evidence began to indicate that the defendant was not an innocent victim of the robbery, but rather an active participant. As such, she was arrested for and charged with larceny in the first degree and falsely reporting an incident in the second degree, in violation of Connecticut General Statutes §§ 53a-122(a)(2) and 53a-180c(a)(3). A jury returned guilty verdicts on both counts, and the defendant received a total effective sentence of twelve years’ incarceration, execution suspended after five years, with five years of probation.
The Defendant’s Appeal
On appeal, the defendant asserted four arguments, including the claim that the trial court erred by not granting her motion for a judgment of acquittal (MJOA) for both crimes. After the State closed its case-in-chief, defense counsel orally moved for acquittal, arguing that “the evidence was insufficient to permit a finding of guilt as to either crime in general.” The court denied this motion, and defense counsel promptly rested its own case.
The defendant initially attempted to diminish the evidence’s sufficiency by noting it was circumstantial, rather than direct, in nature. However, there is no legal distinction between these two types of evidence with respect to probative force. As long as a jury is convinced of guilt beyond a reasonable doubt, either form may be used.
The defendant further asserted her insufficiency of the evidence claim by arguing that police did not spend enough time on this case to pursue other possible perpetrators, such as the defendant’s coworkers. In her appellate brief, the defendant argued that the jury should have disagreed with the State’s interpretation of the evidence to favor her own, asserting “‘plausible’ ways to interpret the evidence so as to reach a [not guilty] verdict.”
The Court’s Decision
When a jury considers evidence, it need not “accept as dispositive those inferences that are consistent with the defendant’s innocence. … The [finder of fact] may draw whatever inferences from the evidence or facts established by the evidence that it deems to be reasonable and logical.” Therefore, when a reviewing court determines whether or not a jury’s inference was proper, it asks whether there is “a reasonable view of the evidence that supports the [finder of fact’s] verdict of guilty.”
In this case, it was the jury’s authority to weigh the credibility of witness testimony and choose which inferences to accept – here, those asserted by the State. Therefore, the Court found that there was ample evidence to support the defendant’s convictions, and the denial of the MJOA was not erroneous.
Written by Lindsay E. Raber, Esq.
When faced with a charge of larceny, burglary, conspiracy, or attempt, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.