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Sex Assault Conviction Reversed
Posted by: Norm Pattis
August 03, 2006

The Connecticut Supreme Court will issue an opnion on August 8, 2006, reversing the conviction of Douglas Sawyer. Mr. Sawyer was convicted of sexual assault and his conviction was upheld by the Appellate Court. The state Supreme Court overturned the Appellate Court decision. We briefed and argued the case before the State Supreme Court at two separate oral arguments.

The primary issue was whether the trial court erred in admitting evidence of prior misconduct. Generally speaking, the law does not permit the introduction of bad character evidence or evidence that a person has a propensity to break the law. There are exceptions to this rule in both the state and federal evidence codes when such evidence is used to prove such things as knowledge, intent, plan, prepation, opportunity, motive, identity or absence of mistake.

Connecticut relaxes the rule against propensity evidence in sexual assault cases. In Sawyer, we asked the court to apply a uniform standard to all crimes. The court declined to do so across the board, but did rule that so-called common scheme evidence cannot be used to prove identity in sexual assault cases. The cout also clarified the standard by which evidentiary errors are to be evaluated on appeal, holding that the harmless error standard does not require proving that the result of a trial would be different, but merely that the jury's verdict was subtantially swayed by the error.

The state has not decided whether to retry Mr. Sawyer. But as of publication of the opinion, he will once again enjoy the presumption of innocence.

The Connecticut Criminal Defense Lawyers Association and the state's Public Defenders Office filed amicus briefs in this case. There was much rejoicing in the firm yesterday over this victory, but probably not as much as there was in the cell Mr. Sawyer has called home for the past few years.

Here's a link to the decision.  http://www.jud.state.ct.us/external/supapp/archiveAROsup06.htm

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