State v. Perez

• Decision Date: 26 July 2016
• Docket Number: No. 19285.,19285.
• Citation: 139 A.3d 654,322 Conn. 118
• Parties: STATE of Connecticut v. Eddie A. PEREZ.
• Court: Connecticut Supreme Court

322 Conn. 118

139 A.3d 654

STATE of Connecticut

v.Eddie A. PEREZ.

No. 19285.

Supreme Court of Connecticut.

Argued Oct. 13, 2015.

Decided July 26, 2016.

Harry Weller, senior assistant state's attorney, with whom, on the brief, were Gail P. Hardy, state's attorney, Michael Gailor, executive assistant state's attorney, and Christopher Alexy, senior assistant state's attorney, for the appellant (state).

Hubert J. Santos, Hartford, with whom were Jessica M. Santos and Trent A. LaLima, for the appellee (defendant).

ROGERS, C.J., and PALMER, ZARELLA, McDONALD, ROBINSON and VERTEFEUILLE, Js.

PALMER, J.

This appeal raises the question of whether the trial court's refusal to sever two unrelated criminal cases brought against the defendant, Eddie A. Perez, previously joined for trial for purposes of judicial economy, improperly compromised the defendant's right to choose whether to testify on his own behalf in one of the cases but to remain silent in the other. The Appellate Court concluded that it did, reversed the judgments of conviction and remanded the cases to be retried in two separate proceedings.¹

State v. Perez, 147 Conn.App. 53, 93, 124, 80 A.3d 103 (2013). Thereafter, the state, on the granting of certification, appealed, contesting the propriety of this determination.² It contends, inter alia, that the defendant's first request to sever the cases was accompanied by an inadequate offer of proof as to his need to testify and that a second request, although sufficiently detailed, was untimely. We conclude that the defendant timely made a compelling showing that he had important testimony to give in one case and a strong need to refrain from testifying in the other and, therefore, that the trial court had abused its discretion in declining to sever the cases.³ Accordingly, we affirm the judgment of the Appellate Court.

Following a jury trial, the defendant, the former mayor of the city of Hartford (city), was convicted of bribe receiving, fabricating evidence and larceny by extortion for actions he had taken while in office.⁴ The state had charged the defendant with these offenses in two separate informations but, before trial, moved to consolidate the charges. The trial court granted the state's motion to consolidate over the defendant's objection, and the cases were tried together before a single jury.

The Appellate Court's opinion provides a detailed rendition of the facts underlying the defendant's convictions, which need not be repeated in this opinion. See id., at 66–77, 82–88, 80 A.3d 103. For present purposes, however, it is necessary to briefly summarize the facts underlying the case involving the bribery and fabrication charges (bribery case).⁵ The defendant was convicted of bribe receiving for accepting free home improvement services from a contractor, Carlos Costa, in exchange for the defendant's assisting Costa in connection with certain problems that Costa had encountered while his company, USA Contractors, performed a construction contract for the city. Specifically, the defendant assisted Costa by requesting that the city treasurer expedite some payments due to USA Contractors and by interfering with efforts of the Hartford Department of Public Works (department) to manage the construction contract and to call USA Contractors' performance bond due to insufficient performance, an action that would have removed USA Contractors from the city construction project and impaired its ability to do business with the city in the future. The defendant also was convicted of fabricating evidence in connection with his request that Costa create a bill for the home improvement work only when an investigation into the propriety of that work had commenced or was imminent.

The state's presentation of evidence in the bribery case, which preceded its presentation of evidence in the larceny by extortion case (extortion case), included the following. Department employees and outside consultants the department hired testified that USA Contractors had performed the construction contract with the city poorly and behind schedule, and that it had submitted baseless claims for additional payments. At some point, at the defendant's behest, the city's director of capital projects became involved to mediate issues that arose between the department and USA Contractors. Ultimately, because performance remained inadequate, the foregoing individuals together decided to contact USA Contractors' bonding company and to report the performance issues for the purpose of calling the bond and terminating the contract between the city and USA Contractors. When Costa informed the defendant that a letter to this effect had been sent, the defendant became upset. Thereafter, the director of capital projects wrote another letter to the bonding company rescinding the first letter, without seeking the approval of the others involved in the earlier decision. USA Contractors remained on the job and finished the project well beyond the time period contemplated by the contract with no further action taken on its performance bond.

Costa testified for the state. He agreed that he had sought the defendant's assistance with the city's expeditious payment of certain amounts due under the construction contract and with the rescission of the department's letter to USA Contractors' bonding company, but, in his view, those actions were wholly justified because he was being treated unfairly and also had experienced problems with late payments by the city. He attributed many of the problems and delays associated with the project to the department, and others to circumstances that were beyond his control. Costa since had sued the city for breach of the construction contract, seeking substantial damages. He believed that the consultants the department had hired operated under a conflict of interest due to their prior involvement in the design of the project. Costa, who had a history of successfully performing other work for the city, had been acquainted with the defendant for a considerable period of time prior to any of the events in question, and considered him a friend. In addition, Costa previously had campaigned and raised funds for the defendant.

Damningly to the defendant, however, Costa also testified that, around the time he sought assistance from the defendant for the problems he was experiencing with the construction project, he was performing kitchen and bathroom renovations at the defendant's private residence without receiving any payment for such work. He confirmed that he never prepared a quote, took a deposit or expected to get paid for those renovations. Costa explained that he performed this work for free because the defendant was the mayor and his friend, he considered the work to be a cost of doing business with the city and he believed it would provide him with greater access to the defendant. According to Costa, the defendant did not begin to approach him about a bill until approximately one year after the work was completed, when rumors about the work began circulating in the community. Costa could not immediately provide the defendant with a bill because he had not kept records for the renovation work, believing that he would not be paid for it. He gave the defendant a bill several months later, however, and the defendant paid Costa several months after that.

A number of materials suppliers and construction workers testified to provide detail about the work performed at the defendant's residence and its substantial cost. Their testimony established that the amount the defendant ultimately paid for the home renovations was well below market rate. An employee of The Home Depot (Home Depot) testified that the defendant and his wife, prior to the work being done at their residence, had entered into an agreement with Home Depot to provide similar services but thereafter cancelled that agreement, purportedly because they had received a lower offer. The defendant's executive assistant testified that the defendant would at times meet or speak with Costa when Costa visited or called the defendant's office but that, at other times, he was not available to Costa. The city treasurer confirmed that the defendant's office requested several times that USA Contractors receive expedited payment for its construction work, and that checks were issued after auditing protocols ensured that payment was proper. A city employee testified that building permits were not issued for the work performed at the defendant's home prior to its completion. A city merchant testified that he had heard from a worker at the defendant's home that the work there had been done for free and without permits, and that he thereafter began telling many people in the community, including the defendant's political opponents, about what he had heard.

Finally, Michael Sullivan, a former investigator with the public integrity unit of the Office of the Chief State's Attorney, testified about the investigation that had led to the defendant's arrest. Sullivan had arranged to meet with the defendant and to interview him about the events underlying the extortion case but, at some point, heard the rumors about Costa's free home improvement work for the defendant. The interview occurred with the city's corporation counsel also in attendance. At the conclusion of the interview, Sullivan asked the defendant whether USA Contractors had performed bathroom and kitchen renovations for him, and the defendant replied that it had. The defendant falsely claimed that he had paid for the work approximately one and one-half years prior to the interview, which was fairly close to the time the renovation work had been completed. Sullivan testified that, at this point in the interview, the defendant became noticeably nervous. The defendant agreed to provide Sullivan a copy of the cancelled check with which he purportedly had paid, but, after some delay, the defendant ultimately provided documentation indicating...