State v. Richards

Citations

• 196 Conn. App. 387

Syllabus

Convicted, after a jury trial, of the crime of murder, the defendant appealed. The victim, who had been the defendant's long-term girlfriend, had last been seen in the company of the defendant by the defendant's mother and, shortly thereafter, the victim's cell phone stopped making and receiving any form of communication. One month after the victim's disappearance, two of her limbs, which had been severed from her body using a sharp instrument, were discovered approximately 1.5 miles from the defendant's residence, although her body has never been recovered. Prior to the victim's disappearance, the defendant, a licensed practical nurse, had stated to an acquaintance, J, that, as a nurse, he knew how to get rid of someone. On appeal, the defendant claimed that there was insufficient evidence to support a murder conviction, specifically, that the state failed to prove the manner, means, place, cause, and time of death. He further claimed that the trial court erred in not giving a special credibility instruction with respect to the testimony of J, a cooperating witness, and that his right to due process was violated by his retrial because the state had twice failed to meet its burden of proof. Held: 1. The evidence presented at trial was sufficient to support the defendant's conviction of murder: the jury reasonably could have inferred that the defendant intended to cause the victim's death and did in fact cause her death as there was evidence presented that the defendant was controlling and domineering toward the victim, he had choked the victim one month before her disappearance, the victim had expressed a desire to end her relationship with him, the defendant made a statement that, as a nurse he knew how to get rid of someone, the victim had last been seen alive at the defendant's residence, two of the victim's severed limbs were discovered approximately 1.5 miles from the defendant's residence, some of the victim's personal belongings were discovered in a trash bag