State v. Bember

Citations

• 349 Conn. 417

Syllabus

Convicted of felony murder, attempt to commit robbery in the first degree, and carrying a pistol or revolver without a permit in connection with the shooting death of the victim, the defendant appealed to this court. On the night of the victim's murder, the defendant, armed with a .22 caliber revolver with black duct tape wrapped around its grip, was parked at a restaurant with H in H's car. When the defendant saw the victim walking nearby, he instructed H to follow the victim in the car. At some point, the defendant exited the car to pursue the victim on foot. After confronting the victim, the defendant decided to rob him, but, when the victim resisted, the defendant shot the victim five times. At trial, the state's case rested almost entirely on the testimony of H and B, who were both facing charges for their involvement in another homicide and had entered into cooperation agreements with the state. The defendant had allegedly confessed his involvement in the victim's murder to B, who was the defendant's close friend. Prior to trial, the defense moved to preclude the state from introducing the cooperation agreements during its direct examination of H and B. The trial court granted the motion but ruled that the prosecutor would be permitted to use leading questions to flesh out the terms of the agreements. The defense also moved for a pretrial hearing regarding the reliability of H's and B's proposed trial testimony pursuant to the statute (§ 54-86p) governing the reliability and admissibility of jailhouse informant testi- mony. Following a hearing, at which H and B testified, the trial court, over defense counsel's objection, granted the state's motion to open the hearing for the purpose of introducing five exhibits relating to evidence that the parties had referenced during their arguments at the hearing. Thereafter, the trial court found that H's and B's proposed trial testimony was sufficiently reliable to be admitted at trial. In reaching its decision, the tri