State v. Rivera

Citations

• 335 Conn. 720

Syllabus

Convicted of breach of the peace in the second degree, criminal mischief in the third degree, and threatening in the second degree in connection with a confrontation involving C, a tow truck driver, the defendant appealed to the Appellate Court, claiming, inter alia, that the trial court had violated his rights to confrontation and to present a defense when it precluded him from cross-examining C about the facts underlying certain of C's prior convictions. In response to C's attempt to tow the defendant's vehicle from a fire lane at a condominium complex, the defendant confronted C, demanding to know why his vehicle was being towed. After the defendant opened the driver's door of his vehicle, C raised the vehicle off the ground to prevent the defendant from driving it off of the back of the tow truck. The defendant then retrieved a pipe from a nearby garage and used it to strike the tow truck. Thereafter, C, fearing that the defendant was going to hit him with the pipe, retrieved a can of Mace and sprayed it in the defendant's face. The defendant then took a knife out of his pocket, and C, fearing for his life, drove away in the tow truck. At trial, the defendant raised the defenses of self-defense and defense of property, arguing that C was attempting to steal the defendant's vehicle for his own financial benefit. The defendant was permitted to and did ask C about previously having been convicted of larceny. In response to the trial court's decision to preclude the defendant from cross-examining C about the specific facts underlying C's prior misdemeanor convictions of larceny and breach of the peace, the defendant claimed that this evidence would have served to impeach C by showing his character for untruthfulness and by establishing his motive, intent and interest in attempting to steal the defendant's vehicle to finance his drug habit and in lying about having sprayed the defendant with Mace in self-defense. The Appellate Court concluded that the trial court did