State v. Diaz

Citations

• 348 Conn. 750

Syllabus

Convicted of the crimes of felony murder, burglary in the first degree, conspiracy to commit burglary in the first degree, attempt to commit robbery in the first degree, and criminal possession of a firearm in connection with the shooting death of the victim, the defendant appealed to this court. At trial, one of the defendant's accomplices, D, testified pursuant to a cooperation agreement with the state. D testified that, on the night of the murder, she had driven her boyfriend, J, and J's friend, who allegedly was the defendant and went by the name ''E,'' to the victim's house to buy drugs. Once they arrived, J informed D that they were going to rob the victim. D and E approached the house while J waited across the street. When the victim opened the door, E drew a gun and barged into the victim's house. D was scared and ran back to the car, where she met J. According to D, she heard a gunshot as she fled. The defendant testified in his own defense. Although he admitted that he went to the victim's house with J and D to buy drugs, he testified that he stayed near the car while J and D approached the house and that, after ten to fifteen minutes, he heard a gunshot. According to the defendant, J handed D a gun when J reentered the car. While cross- examining the defendant, the prosecutor indicated that a video recording of the defendant's interviews with the police, in which the defendant made certain statements that were inconsistent with his trial testimony, would be played at a later point in the trial. The video recordings, however, ultimately were not offered into evidence. During rebuttal argument, the prosecutor remarked on D's credibility, stating that either D or the defendant was ''completely wrong'' because their testimony was not consistent. The prosecutor also made remarks regarding the fact that the defendant, during his testimony, did not express outrage toward others who had implicated him or who had testified against him, and then proceeded to ask th