State v. Nichols

Citations

• 226 Conn. App. 359

Syllabus

Convicted, after a jury trial, of the crimes of sexual assault in the fourth degree and risk of injury to a child, the defendant appealed to this court, claiming, inter alia, that the evidence was insufficient to demonstrate that he intentionally touched the minor victim for the purpose of the defendant's sexual gratification. After the minor victim began exhibiting behavioral problems, his mother accepted an offer from the defendant and his wife to have the victim live with them for two weeks to help address those problems. During that time, the defendant entered the bathroom where the victim had showered and beat his buttocks, after which he led the victim to the defendant's bedroom and made him sleep in bed with the defendant and his wife. While in bed, the defendant unbuttoned the victim's pants, rubbed the victim's legs and the side of his buttocks, and repeatedly touched the victim's penis, events that reoccurred almost every night during the victim's stay at the defendant's home. At trial, the victim yelled an expletive during the defendant's testimony, after which the victim left the courtroom demonstrably upset. Defense counsel moved for a mistrial on the ground that the victim's outburst had irreparably harmed the defendant's right to a fair trial. The court denied the motion for a mistrial and gave the jury a curative instruction directing it to disregard the outburst. Held: 1. The defendant could not prevail on his claim that the trial court abused its discretion when it denied his motion for a mistrial; the victim's outburst during the defendant's testimony, although inappropriate, was brief and isolated, the court did not observe any improper interaction between the jury and the victim or his mother, and the defendant did not demonstrate any indication that the jury failed to abide by the court's curative instruction, which obviated any possible harm to the defendant. 2. The evidence was sufficient to support the defendant's conviction of sexual assaul