Posts tagged with "coconspirator"

Coconspirator’s Opinion Was Properly Admitted, As It Did Not Involve “Ultimate Issue”

In the article “Stolen Dealer Plates Found Relevant and Probative in Vehicle Retagging Scheme,” the defendant did not prevail on his arguments that the trial court improperly allowed dealer plates belonging to his previous employer into evidence. In his appeal, he also argued that the trial court abused its discretion when it allowed another member of the conspiracy to give “impermissible opinion testimony regarding an ultimate issue of fact.”

One of the coconspirators testified for the State, and the prosecutor asked this individual a series of questions about whether the defendant was “part of the group” of those arrested in Fairfield on February 4, 2008. Defense counsel objected, arguing that this involved an ultimate issue of fact, but the State countered, “I believe I asked him if he was part of this group. Whether he’s part of the conspiracy, I didn’t ask him that.” The court overruled the objection and allowed the questioning.

In essence, the coconspirator testified that if the defendant was not “part of the group,” he would not have been present while the vehicle plates were being changed or at the exchange point. The coconspirator further answered, “I imagine that if he wasn’t part of the group, he wouldn’t drive the car.” On appeal, the defendant characterized this testimony as impermissible lay opinion regarding an ultimate issue of fact, and the trial court erred by permitting it.

The Connecticut Code of Evidence § 7-1 is relevant to the Appellate Court’s conclusion in this matter. Pursuant to this section:

If a witness is not testifying as an expert, the witness may not testify in the form of an opinion, unless the opinion is rationally based on the perception of the witness and is helpful to a clear understanding of the testimony of the witness or the determination of a fact in issue.

Opinions are improper if they “embrace an ultimate issue to be decided by the trier of fact.” This includes legal opinions about whether or not the defendant is guilty.

In this case, the Appellate Court concluded that the coconspirator’s testimony was proper lay opinion. It was “rationally based on his perception of the circumstances as he perceived them on the night of February 4, 2008, and when he observed prior conduct in New York.” Such testimony was helpful to the jury in determining whether the defendant had the requisite intent for committing conspiracy. In addition:

Although it is true that evidence of association is relevant to proving participation in a conspiracy… association, by itself, does not necessarily constitute intentional participation in a conspiracy. One can be “with” a group without being a conspirator, even if others in the group are, in fact, conspirators.

The nature of the coconspirator’s testimony was not the same as giving an opinion about whether the defendant “intended to agree to engage in a larceny or whether he intended to actually commit the larceny,” which are ultimate issues in this case. Because the testimony did not encompass opinions of guilt, the trial court did not abuse its discretion by allowing it.

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.

Written by Lindsay E. Raber, Esq.

Defendant’s Narcotics Conviction Upheld: Breakdown of Agreement Did Not Terminate Conspiracy

In a recent criminal law matter, the Appellate Court of Connecticut affirmed a defendant’s narcotics conspiracy conviction, noting that a failed agreement did not end the conspiracy.

This case arose from an incident that occurred on April 15, 2009. Police officers participated in a Drug Enforcement Agency task force conducting narcotics surveillance. They observed the defendant engaging in drug-related activity over an extended period of time. He was talking on his cell phone, and soon thereafter an Acura pulled up nearby and flashed its lights. The defendant walked over to the vehicle and talked to the driver for a few minutes before the car took off. Officers approached the defendant to effectuate an arrest, but he resisted and tried to run from the scene. However, officers subdued him and placed him under arrest. After being read his Miranda rights, the defendant told police that the driver of the Acura had come to “resupply” him with crack cocaine, a plan that fell through. He helped police locate the supplier, who they detained as well.

The defendant faced numerous charges, but was only convicted of conspiracy to sell narcotics by a person who is not drug-dependent and interfering with an officer. On appeal, he argued that the police provided insufficient evidence that an agreement existed between him and the driver and an overt act in furtherance of the conspiracy was taken by either party.

In this case, the State had the burden of proving, beyond a reasonable doubt, that the defendant “(1) with intent that conduct constituting a crime be performed, (2) agreed with one or more persons to engage in or cause the performance of such conduct, and (3) any one of them committed an overt act in pursuance of such conspiracy.” Because a written agreement almost never exists, the existence of a conspiracy may be inferred by the conduct of the defendant. Here, the defendant’s interaction with the driver in conjunction with his own statement about being resupplied established the requisite intent for conspiracy.

An overt act need not be performed by the defendant only, but by any of the coconspirators. The act doesn’t need to be “a criminal act in and of itself” to qualify. In this case, the Appellate Court found that:

[T]he finder of fact reasonably could have concluded that [the coconspirator’s] drive to [the defendant’s location], his subsequent flashing of the Acura’s lights, the defendant’s walk to the Acura, and any discussion following between the defendant and [the coconspirator] were all overt acts in furtherance of the conspiracy.

That the agreement itself failed to materialize was not relevant. As the Court explained, “a breakdown of an agreement does not end the conspiracy” and is not a recognized defense. Therefore, the judgment was affirmed.

When faced with a charge for possession or distribution of controlled substances, 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 203-211-3100 or at JMaya@Mayalaw.com.

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