Prosecutor’s Remarks on Defendant’s Silence Requires Reversal

Although the prosecutor never remarked that a defendant’s silence implied anything during trial, any reference to a defendant’s silence is enough to require reversal

State v. A. M., 2016 BL 429804, Conn., No. SC 19497, 12/23/16.

The Connecticut Supreme Court held that any comments made by the state during a trial that reference a defendant’s silence during the trial proceedings is sufficient to trigger a reversal. During the closing argument, the prosecutor mentioned twice that the defendant had a constitutional right to remain silent, but that the jury could judge his credibility through statements made before the trial. The court reasoned that any comment on the defendant’s silence, even referencing the right to remain silent, can improperly draw the jury’s attention to the defendant’s decision to not take the stand. Moreover, there was a state statute that expressly prohibited prosecutors from commenting on a defendant’s refusal to testify at trial.

The state defended the error by arguing that it was harmless. The court rejected the argument because the case hinged on the defendant’s credibility, which was implicitly called into question by the reference to his silence at trial.

https://www.bloomberglaw.com/public/desktop/document/State_v_A_M_No_SC_19497_2016_BL_429804_Conn_Dec_23_2016_Court_Opi?1485364268

Unjustified Shackling of Defendant Does Not Undermine Fair Trial

A defendant has the burden to prove prejudice by showing that the jury saw their shackles when they were unjustifiably shackled during trial.

State v. Brawley, 2016 BL 179698, S.C., No. SC 19441, 6/14/16.

   The Connecticut Supreme Court ruled that a defendant must show that the jury saw his shackles during trial to establish prejudice during the trial, even if the shackling was unjustified. The defendant, although charged with multiple violent crimes, was not a flight risk or subject to behavioral issues that posed a danger, not necessitating shackles.

   The defendant argued that the State had the obligation to prove that the jury did not see the shackles because the record was silent on the issue, but the court disagreed. The court noted the practice of the judge in placing a curtain around the defense table so the jury cannot see the prisoner’s legs in addition to having the defendant seated before the jury leaves or enters the courtroom favored the state in that the burden is placed on the defendant.

http://www.bloomberglaw.com/public/document/State_v_Brawley_No_SC_19441_2016_BL_179698_Conn_June_14_2016_Cour.