State v. Greer

Citations

• 213 Conn. App. 757

Syllabus

Convicted of four counts of risk of injury to a child, the defendant appealed to this court. The defendant, a rabbi, was a teacher at and served as the dean of a private, Orthodox Jewish high school. The victim, E, attended the school for four years, commencing in 2001. E alleged that, during his sophomore year, when he was fourteen and fifteen years old, he and the defendant met at least once a week to engage in various sexual acts. The defendant continued to engage in sexual acts with E after he turned sixteen years old. In 2016, E reported the sexual abuse to the police. The defendant was arrested and charged with four counts each of sexual assault in the second degree and risk of injury to a child. At trial, the state introduced uncharged misconduct evidence pursuant to a provision (§ 4-5) of the Connecticut Code of Evidence regarding a sexual relationship between the defendant and R, a former student at the school, and the defendant's relationship with E after his sixteenth birthday. Following R's testimony, the court provided a limiting instruc- tion to the jury. After the close of evidence at trial, defense counsel moved for a judgment of acquittal as to the charges of sexual assault in the second degree on the ground that the prosecution was barred by the applicable statute ((Rev. to 2001) § 54-193a, as amended by Public Acts 2002, No. 02-138, § 1) of limitations because E had not notified a police officer or state's attorney within five years of the commission of the offense. The state conceded that the charges were barred, and the trial court granted the motion for a judgment of acquittal. Thereafter, the state filed a new information limited to the four counts of risk of injury to a child. In its final instructions to the jury, the court instructed in relevant part regarding misconduct evidence: ''It is for you to determine whether the defendant committed any uncharged sexual misconduct . . . .'' The jury found the defendant guilty. The defendant filed po