State v. Devon D., 321 Conn. 656

Summary

The Connecticut Supreme Court reviewed the reversal of Devon D.'s convictions for sexual assault and risk of injury to a child. The court held that the trial court properly denied severance of three cases because evidence of the alleged sexual misconduct involving each child was cross-admissible under Connecticut law. The opinion also addresses the admission of testimony involving a support dog, although the provided text does not include the complete discussion of that issue.

Holdings

1. The trial court properly denied severance because the evidence concerning each child was cross-admissible in the other cases to show the defendant's propensity to engage in aberrant and compulsive criminal sexual behavior, and the defendant failed to demonstrate substantial prejudice that could not be cured by instructions.
2. A trial court has inherent discretionary authority, apart from General Statutes § 54-86g, to permit a dog to provide comfort and support to a testifying witness. Before allowing the accommodation, the court must balance the extent to which it will help the witness testify truthfully, completely, and reliably against possible prejudice to the defendant's right to a fair trial.

Questions Presented

1. Whether the trial court abused its discretion by denying the defendant's motion to sever three prosecutions involving different child victims when the evidence in each case was cross-admissible to show a propensity for aberrant and compulsive sexual behavior.
2. Whether the trial court abused its discretion by permitting a comfort dog to sit near child witness C1 during her testimony, and what standard governs that accommodation when the defendant's confrontation rights are not implicated.

Disposition

reversed