State v. Ward
Decision Date | 18 September 2012 |
Docket Number | SC 18897 |
Court | Supreme Court of Connecticut |
Parties | STATE OF CONNECTICUT v. JAMES T. WARD |
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The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut.Rogers, C. J., and Norcott, Palmer, Zarella, McLachlan, Eveleigh and
Harper, Js.*
Bruce R. Lockwood, senior assistant state's attorney, with whom, on the brief, were Patricia M. Froehlich, state's attorney, Matthew A. Crockett, assistant state's attorney, and Andrew J. Slitt, deputy assistant state's attorney, for the appellant (state).
Pamela S. Nagy, special public defender, for the appellee (defendant).
PALMER, J. A jury found the defendant, James T. Ward, guilty of the crimes of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1), and kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A).1 The trial court rendered judgment in accordance with the jury's verdict as to the charge of sexual assault in the first degree, but granted the defendant's motion for judgment of acquittal on the kidnapping charge on the ground that the state had failed to prove beyond a reasonable doubt that the defendant intended to prevent the liberation of the victim2 for a longer period of time or to a greater degree than that which was necessary to commit the sexual assault as required by State v. Salamon, 287 Conn. 509, 542, 949 A.2d 1092 (2008).3 The state, with the trial court's permission, appeals from the judgment of the trial court vacating the jury's verdict of guilty on the kidnapping charge. We conclude that the trial court improperly granted the defendant's motion for judgment of acquittal and rendered judgment of not guilty on the charge of kidnapping in the first degree. In addition, we disagree with the defendant's claim that the judgment may be affirmed on the alternate ground that the kidnapping statute, as applied to the defendant's conduct, is unconstitutionally vague. We also disagree with the defendant's claim that the trial court's instructions on the charge of kidnapping in the first degree were misleading and that, as a result, he is entitled to a new trial. Accordingly, we reverse the judgment of the trial court only as to the kidnapping charge and remand the case to that court with direction to render judgment in accordance with the jury verdict.
The jury reasonably could have found the following facts, which are set forth in our decision in the defendant's separate appeal challenging his conviction of sexual assault in the first degree.4 "On November 21, 1988, the defendant sexually assaulted the victim at her home in Killingly. On that date the victim, a married twenty year old woman, was home alone. The house, located in a rural area near Route 101, was a small cape-style building with an unfurnished second floor and exterior doors located in the kitchen and living room. At approximately 11:45 a.m., while the victim was cleaning the house, she heard the kitchen doorbell ring. When the victim opened the kitchen door, she expected to see her neighbor and close friend who frequently visited. Instead, she saw the defendant at the door, whom she had never seen before. The defendant was approximately twenty-four years of age with brown shoulder length hair. He was approximately five feet and eleven inches in height and weighed approximately 190 pounds. In contrast, the victim was a little more than five feet tall and weighed approximately 100 pounds. The defendant told the victim that his car hadoverheated and he asked for some water. The defendant also asked if he could use the bathroom. The victim agreed. While the defendant was using the bathroom, the victim filled a large glass jar with water from the kitchen sink. When the defendant returned from the bathroom, he stated that he might need to use the telephone. The only telephone in the house was located in the living room near the hallway. After deciding not to use the telephone, the defendant grabbed the jar of water that the victim had left on the kitchen counter and left. When the victim looked outside to see where the defendant had gone, she saw him outside pacing. The victim then resumed cleaning.
A few minutes after the defendant had left the room, the victim put her clothes on and cleaned herself in the bathroom. She then proceeded into the kitchen and discovered that the defendant had left with the knife sharpening tool and water jar. She then telephoned her neighbor, who arrived shortly thereafter and found the victim crying 'like a little baby.' Thereafter, the police were summoned and obtained a statement from the victim. In her statement, the victim indicated that, after the defendant had finished sexually assaulting her, he ran out the door. The victim also indicated in her statement that when she looked out the window to see if the defendant was gone, she saw him running across the road.
State v. Ward, 306 Conn. , , A.3d (2012).
In early 2007, the police arrested the defendant and charged him with one count of sexual assault in the first degree in violation of § 53a-70 (a) (1) and one count of kidnapping in the first degree in violation of § 53a-92 (a) (2) (A). The defendant was then tried before a jury. He elected not to testify at trial. As to the...
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