State v. Evans E.
CourtConnecticut Appellate Court
Date FiledOctober 27, 2026
DocketAC48504
JudgeCradle; Elgo; Eveleigh
StatusPublished
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Full Opinion
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State v. Evans E.
STATE OF CONNECTICUT v. EVANS E.*
(AC 48504)
Cradle, C. J., and Elgo and Eveleigh, Js.**
Syllabus
Convicted, following a jury trial, of the crimes of sexual assault in the second
degree, risk of injury to a child, and sexual assault in the fourth degree, the
defendant appealed. He claimed that the prosecutor violated his constitu-
tional right to a fair trial by improperly asking witnesses to comment on the
credibility of the complainant, J, and emphasizing that improper testimony
during closing arguments. Held:
This court concluded that the improprieties committed by the prosecutor
deprived the defendant of a fair trial, as, after analyzing the conduct of the
prosecutor under the factors set forth in State v. Williams (204 Conn. 523),
this court lacked the requisite fair assurance that the prosector’s improper
elicitation of testimony as to J’s credibility and the improper argument
emphasizing that testimony did not substantially sway the jury’s verdict.
Argued May 21—officially released October 27, 2026
Procedural History
Substitute information charging the defendant with
four counts of the crime of sexual assault in the second
degree, seven counts of the crime of risk of injury to a
child, and one count of the crime of sexual assault in
the fourth degree, brought to the Superior Court in the
judicial district of New Haven, geographical area number
seven, and tried to the jury before Zagaja, J.; verdict
and judgment of guilty of two counts of sexual assault
in the second degree, seven counts of risk of injury to
a child, and one count of sexual assault in the fourth
*
In accordance with our policy of protecting the privacy interests of
the victims of sexual abuse and the crime of risk of injury to a child,
we decline to use the defendant’s full name or to identify the victim
or others through whom the victim’s identity may be ascertained. See
General Statutes § 54-86e.
Moreover, in accordance with federal law; see 18 U.S.C. § 2265 (d)
(3) (2024); we decline to identify any person protected or sought to be
protected under a protection order, protective order, or a restraining
order that was issued or applied for, or others through whom that
person’s identity may be ascertained.
**
The listing of judges reflects their seniority status on this court as
of the date of oral argument.
State v. Evans E.
degree, from which the defendant appealed to this court.
Reversed; new trial.
Trent A. LaLima, for the appellant (defendant).
Lena A. Arnold, deputy assistant state’s attorney,
with whom, on the brief, were John P. Doyle, Jr., state’s
attorney, and Nichol Peco, senior assistant state’s attor-
ney, for the appellee (state).
Opinion
CRADLE, C. J. The defendant, Evans E., appeals from
the judgment of conviction, rendered after a jury trial,
of two counts of sexual assault in the second degree in
violation of General Statutes § 53a-71 (a) (1), six counts
of risk of injury to a child in violation of General Statues
§ 53-21 (a) (2), one count of risk of injury to a child in
violation of § 53-21 (a) (1), and one count of sexual assault
in the fourth degree in violation of General Statutes
§ 53a-73a (a) (1) (B). On appeal, the defendant claims
that the prosecutor violated his constitutional right to a
fair trial by improperly asking witnesses to comment on
the credibility of the complainant, J, and emphasizing
that improper testimony during her closing arguments.
We agree and, accordingly, reverse the judgment of the
trial court.1
The jury reasonably could have found the following
facts. In 2013, the defendant began dating Y, J’s mother.
1
The defendant also claims the court improperly allowed the state to
introduce evidence relating to his consciousness of guilt and erred in
limiting his access to only a redacted version of J’s medical records.
Because we reverse the judgment based on the defendant’s claim of
prosecutorial impropriety, we need not address these additional claims
of error.
Insofar as the issue regarding J’s medical records may arise on retrial,
we note that the record does not contain a complete unredacted ver-
sion of the medical records at issue. The record reflects that on July
11, 2023, the trial court, Chaplin, J., conducted an in camera review
of medical records of J. Upon its review, the court marked a “full
version” of the medical records as court exhibit 1 and a redacted ver-
sion, which it provided to the parties and marked as court exhibit 2.
The defendant thereafter filed a motion for reconsideration of the
court’s disclosure of only the redacted records. The court, Zagaja, J.,
State v. Evans E.
Shortly thereafter, the defendant moved in with Y, J
and J’s younger sister, R. In 2016, the defendant and Y
had a son together. In July 2018, the family moved from
New York to Meriden. The defendant became a father
figure to J and R.
Beginning when J was eight or nine years old, when the
family still lived in New York, the defendant began to
touch and kiss J inappropriately. The defendant referred
to the inappropriate incidents as “massages.” This con-
duct continued after the family moved to Connecticut
in 2018. One such incident2 occurred on a snowy day in
2020 when J was thirteen years old. On that day, J left
her wet shoes at the entrance of her home to dry off. The
defendant took J’s shoes upstairs to the bedroom that he
shared with Y and told J to go get them. When J entered
the defendant’s bedroom, he began hugging and kissing
her, beginning on her mouth and neck and then her body.
The defendant stopped when R walked by the room.3
reviewed the records. The court explained to the parties: “I did review
the records. I can indicate that they were in quite orderly condition.
There was a full, unredacted, set that was clearly identified. A set of
records, clearly identified, that was tendered by the State’s Attorney
to Judge Chaplin. There was, then, a separate set, which identified the
redacted pages and portions of redactions that were actually prepared,
identified. And those were the sets of information that were released
to the parties. In reviewing the entirety of the records . . . this court
is in agreement with Judge Chaplin’s previous finding, understanding
that the entirety of the records are confidential, and the breach of that
confidentiality should only be effectuated if any material contains any
potentially inconsistent, contradictory, or relevant information to this
case at hand, or reflects on the credibility of the witness—the therapy
witness. And based on my entire review, again, I am agreeing with Judge
Chaplin’s decision. So, those records will remain intact for, potentially,
appellate review, in the event there is a conviction. They are in place,
and I am indicating that.”
Our review of those records reveals that there are several pages missing
from the “full, unredacted, set” of medical records that Judge Chaplin
had marked as court exhibit 1. Indeed, this is readily apparent by the
absence of the very first page of the unredacted set of records. Thus,
to the extent either party seeks to rely on these records on retrial, the
record should be rectified accordingly.
2
J testified that these incidents occurred approximately two to three
times each week for a period of three and one-half to four years.
3
R testified that when she walked by the room, she saw J and the defen-
dant hugging. R also testified to two other incidents that “concerned”
State v. Evans E.
Another incident occurred in 2020, during which the
defendant blindfolded J with a T-shirt. Because the
blindfold did not fully cover her eyes, J could see out
from underneath it and she saw the defendant’s penis,
stomach, and legs throughout the incident. The defen-
dant began kissing J and touching her body and chest. He
then put J on his bed and continued touching her chest,
kissing her “whole body,” and eventually put his mouth
“to [her] vagina.” He then put his penis “to [her] vagina”
and into her mouth. After the defendant ejaculated in
J’s mouth, he sent her to rinse her mouth out.
At some point that same year, J told R what the defen-
dant was doing to her. At that time, J was too afraid to
tell Y.
Another incident occurred in March 2021. J was at
home doing her homework and got up to get a drink of
water in the dining room. When she entered the dining
room, the defendant was in the room with the lights off.
The defendant took off the white T-shirt that he was
wearing and blindfolded J with it. He began kissing her
and then took her hand and led her up to the bedroom
that he shared with Y. The defendant continued to kiss
J, started touching her body and put his mouth on her
vagina. The defendant put his penis into the folds of J’s
vagina, but did not put it all the way inside. The defen-
dant put a pillow on the floor, lowered J to her knees
and put his penis into her mouth. After the defendant
ejaculated into J’s mouth, he instructed her to go into
the bathroom to spit and rinse her mouth out.
On March 8, 2021, J disclosed to Y that the defendant
had been inappropriately touching her and kissing her
for the preceding three to four years since they had been
living in New York. Upon learning of this, Y began cry-
ing. R came downstairs and, seeing their mother cry-
ing, asked J if she had “told [her].” J said yes. Y then
her: one when the defendant and J were peeking out from the dining
room with the lights out trying to scare her and the other when the
defendant was standing behind the closed door to the bedroom that she
shared with J and their brother and the light was off and the defendant
claimed to be fixing a light that was, to her knowledge, not broken.
State v. Evans E.
immediately called the defendant to confront him with
these allegations. At first, the defendant stated that he
did not know what Y was talking about. J, who was in the
room when Y and the defendant were on speaker phone,
prompted Y to ask the defendant about the “massages”
that he would give to J, which caused the defendant to
start crying. Y then told the defendant that she no lon-
ger wanted him in her house and told him to come and
retrieve his belongings, which the defendant did later
that same day. The defendant also returned to Y his
house key and cell phone, for which Y had paid. Later
that evening, Y and J reported the defendant’s actions
to the Meriden Police Department.
On March 26, 2021, Priscilla Westberg, a forensic
interviewer at the Yale New Haven Hospital Child Abuse
Clinic, conducted a forensic interview of J.4 During this
interview,5 J told Westberg that the defendant began
touching her inappropriately when she was eight or
nine years old and living in New York. Westberg and J
discussed various times that the defendant had touched
J inappropriately. J was offered a medical examination
by a nurse practitioner, Beth Moller. J declined because
she was on her menstrual cycle. A sexual assault kit was
not completed because it had been more than five days
since the date of the most recent incident.
Detective Kevin Ieraci of the Meriden Police Depart-
ment thereafter called the defendant to schedule an inter-
view with him. That interview was scheduled for April
21, 2021. The defendant did not attend that appointment.
Ieraci attempted to communicate with the defendant, but
the defendant did not respond, and Ieraci later learned
that the defendant was in the Dominican Republic. On
July 28, 2021, the defendant, along with his attorney,
met with Ieraci and told Ieraci that he had not attended
4
Westberg explained that “[a] forensic interview is a fact-finding
interview done for medical purposes.”
5
The forensic interview was recorded, admitted into evidence and
played for the jury at trial.
State v. Evans E.
his April 21 appointment because he had gone to the
Dominican Republic to see his mother who had fallen ill.
The defendant thereafter was arrested and charged
with four counts of sexual assault in the second degree
in violation of § 53a-71 (a) (1), six counts of risk of injury
to a child in violation of § 53-21 (a) (2), one count of risk
of injury to a child in violation of § 53-21 (a) (1), and one
count of sexual assault in the fourth degree in violation of
§ 53a-73a (a) (1) (B). Following a jury trial, the defendant
was found not guilty of two charges of sexual assault in
the second degree and guilty of the remaining charges
against him. The court thereafter sentenced him to a
total effective sentence of forty years of incarceration,
execution suspended after eighteen years, and fifteen
years of probation. This appeal followed.
The defendant claims that the prosecutor committed
multiple improprieties that deprived him of a fair trial.
Specifically, the defendant asserts that the prosecutor
“improperly elicited opinion evidence on the ultimate
issue in the case—the credibility of [J’s] . . . allegations—
and improperly bolstered [J’s] credibility with those opin-
ions during closing argument.” The defendant argues
that, in this case, in which the presentation of evidence
was completed in less than two days, the prosecutor
improperly asked three of the state’s five witnesses,6 aside
from J herself, to opine on J’s credibility. He further
asserts that the testimony of those witnesses vouching
for the credibility of J was then highlighted to the jury
during the state’s closing argument. We agree.
We begin by setting forth the following relevant legal
principles. “In analyzing claims of prosecutorial impro-
priety, we engage in a two step analytical process. . . .
The two steps are separate and distinct. . . . We first
examine whether prosecutorial impropriety occurred. . . .
Second, if an impropriety exists, we then examine
whether it deprived the defendant of his due process
6
At trial, the state presented the testimony of J, Y, R, Ieraci, Moller
and Westberg. The prosecutor asked Y, Ieraci and Westberg whether
they believed J’s allegations against the defendant.
State v. Evans E.
right to a fair trial. . . . In other words, an impropriety
is an impropriety, regardless of its ultimate effect on
the fairness of the trial. Whether that impropriety was
harmful and thus caused or contributed to a due process
violation involves a separate and distinct inquiry.” (Inter-
nal quotation marks omitted.) State v. Hinds, 344 Conn.
541, 555–56, 280 A.3d 446 (2022). “It is the defendant’s
burden to satisfy both steps.” (Internal quotation marks
omitted.) State v. Parris, 352 Conn. 652, 658, 338 A.3d
1139 (2025).
Where alleged improprieties occurred during closing
argument, we look to the following legal principles. “It
is well established that prosecutorial [impropriety] of a
constitutional magnitude can occur in the course of clos-
ing arguments. . . . When making closing arguments to
the jury, [however, counsel] must be allowed a generous
latitude in argument, as the limits of legitimate argu-
ment and fair comment cannot be determined precisely
by rule and line, and something must be allowed for the
zeal of counsel in the heat of argument. . . . Thus, as the
state’s advocate, a prosecutor may argue the state’s case
forcefully, [provided the argument is] fair and based [on]
the facts in evidence and the reasonable inferences to be
drawn therefrom.” (Internal quotation marks omitted.)
State v. Courtney G., 339 Conn. 328, 341, 260 A.3d
1152 (2021).
“[The prosecutor] is not only an officer of the court, like
every attorney, but is also a high public officer, represent-
ing the people of the [s]tate, who seek impartial justice
for the guilty as much as for the innocent. . . . By reason
of [her] office, [she] usually exercises great influence
upon jurors. [Her] conduct and language in the trial of
cases in which human life or liberty [is] at stake should
be forceful, but fair, because [she] represents the public
interest, which demands no victim and asks no conviction
through the aid of passion, prejudice, or resentment. If
the accused [is] guilty, he should [nonetheless] be con-
victed only after a fair trial, conducted strictly according
to the sound and well-established rules which the laws
State v. Evans E.
prescribe. While the privilege of counsel in addressing
the jury should not be too closely narrowed or unduly
hampered, it must never be used as a license to state, or
to comment upon, or to suggest an inference from, facts
not in evidence, or to present matters which the jury
ha[s] no right to consider.” (Internal quotation marks
omitted.) State v. Martinez, 319 Conn. 712, 727–28,
127 A.3d 164 (2015). With these principles in mind, we
address each of the claimed improprieties in turn.
As to the defendant’s claims that the prosecutor
improperly asked witnesses to comment on J’s cred-
ibility, it is well established that a witness may not be
asked to comment on the veracity of another witness’
testimony. See State v. Singh, 259 Conn. 693, 706, 793
A.2d 226 (2002). Such questions are prohibited because
“[f]irst . . . determinations of credibility are for the jury,
and not for witnesses. . . . Consequently, questions that
ask a [witness] to comment on another witness’ verac-
ity invade the province of the jury. . . . Moreover, [a]s a
general rule, [such] questions have no probative value and
are improper and argumentative because they do noth-
ing to assist the jury in assessing witness credibility in
its fact-finding mission and in determining the ultimate
issue of guilt or innocence. . . . Second, questions of this
sort also create the risk that the jury may conclude that,
in order to acquit the defendant, it must find that the
witness has lied. . . . This risk is especially acute when
the witness is a government agent in a criminal case.”
(Citations omitted; internal quotation marks omitted.)
Id., 707–708.
Before addressing the specific improprieties identified
by the defendant on appeal, we note that defense counsel
did not object to either the improper inquiries or the
improper argument during trial. “[W]e note that the
defendant’s failure to object at trial to each of the occur-
rences that he now raises as instances of prosecutorial
impropriety, though relevant to our inquiry, is not fatal
to review of his claims. . . . This does not mean, however,
that the absence of an objection at trial does not play
State v. Evans E.
a significant role in the determination of whether the
challenged statements were, in fact, improper. . . . To the
contrary, we continue to adhere to the well established
maxim that defense counsel’s failure to object to the
prosecutor’s argument when it was made suggests that
defense counsel did not believe that it was [improper]
in light of the record of the case at the time.” (Internal
quotation marks omitted.) State v. Brown, 354 Conn.
615, 634, 355 A.3d 513 (2026). Here, however, as noted
previously and discussed subsequently, it is well settled
that it is improper to ask a witness to comment on the
credibility of another witness. We therefore conclude
that defense counsel’s failure to object to those inqui-
ries and the associated arguments by the prosecutor is
immaterial to this case.
The first instance of alleged impropriety arose during
the state’s direct examination of Y when the prosecu-
tor inquired whether Y believed J when J told her that
the defendant had been sexually assaulting her. After
Y testified that she called the police “[b]ecause [J] told
[her] what was going on,” the following colloquy ensued:
“[The Prosecutor]: And you believed her?
“[Y]: Of course.
“[The Prosecutor]: And why did you believe her?
“[Y]: Because when I called him, and I approached him
about it, the first answer he told me was, what are you
talking about? When she told me the massage word, and
I told him, over the phone, he started crying. So—and
then he handed me the keys and the phone, in the entrance
when he got home. So, to me, I have to believe my child.”
The prosecutor here not only asked Y if she believed J’s
allegations against the defendant but also asked why she
believed her. The prosecutor’s inquiry was improper.7
The defendant next claims that the prosecutor commit-
ted impropriety during redirect examination of Ieraci.
7
The state argues that the prosecutor’s inquiry was not improper
because Singh prohibits only questions asking witnesses to comment
State v. Evans E.
We note that at the outset of her direct examination of
Ieraci, the prosecutor appropriately asked him about his
professional qualifications. Ieraci testified that he had
been a law enforcement officer for seventeen years and
a detective for approximately eight years. During that
time, he had investigated more than one hundred sexual
assault cases. Ieraci explained that he had “specific train-
ing . . . in regards to sexual assault investigations.” The
defendant claims that the prosecutor improperly asked
Ieraci, on redirect examination, whether he would have
“submitted a warrant for the defendant’s arrest if [he]
did not believe J.” Ieraci responded that he would not
have. At oral argument before this court, the defendant’s
appellate counsel conceded that the state’s inquiry was
likely aimed at clarifying Ieraci’s testimony, elicited dur-
ing defense counsel’s cross-examination of him, concern-
ing an alleged fabrication by J and R that was unrelated
to the allegations of sexual assault. The defendant never-
theless contends that it was improper for the prosecutor
to go so far as to ask Ieraci if he believed J. We agree.
Although it is understandable that the prosecutor felt
compelled to make the distinction between the truthful-
ness of J’s allegations against the defendant in this case
and her fabrication in a wholly unrelated matter, the
proper approach would have been to continue the inquiry
without asking Ieraci whether or not he found J credible.
The defendant next contends that the prosecutor
improperly asked Westberg to offer an opinion as to
J’s credibility. The prosecutor began her direct exami-
nation of Westberg by asking about her professional
qualifications. Westberg testified that she had a bach-
elor’s degree and a master’s degree in social work and
special training in conducting forensic interviews of
children. She further indicated that she had been con-
ducting such interviews for five years and had conducted
on the credibility of the testimony of another witness. We disagree
with this overly narrow reading of Singh, which, as quoted herein,
states that it is improper to ask a witness to comment on the veracity
of another witness, and does not limit the prohibition to the testimony
of another witness.
State v. Evans E.
more than one thousand forensic interviews. As noted
herein, Westberg conducted a forensic interview of J and
the recording of that interview was admitted through
Westberg and played in its entirety for the jury. Defense
counsel thereafter asked Westberg: “Is it fair to say that
it’s hard to judge somebody’s credibility based on a one
and a half hour meeting?” Westberg responded that it
is not. Defense counsel then asked a series of questions
about the interview, attempting to highlight various
inconsistencies in J’s narrative. The following exchange
then occurred during the state’s redirect examination:
“[The Prosecutor]: [Defense counsel] asked you if it
was hard to judge credibility within a period of an hour.
I believe you said no.
“[Westberg]: Yes.
“[The Prosecutor]: So, did you find her to be credible?
“[Westberg]: I did.”
The prosecutor also asked Westberg why she found J to
be credible. Westberg responded: “The amount of detail
that she was able to provide, it’s really hard to embellish.
She . . . was consistent throughout her interview. She
even challenged me when I got things incorrect, and she
corrected me multiple times.”
It is well established that “[e]xpert witnesses cannot
be permitted to invade the province of the jury by tes-
tifying as to the credibility of a particular witness or
the truthfulness of a particular witness’ claims. . . . An
expert witness ordinarily may not express an opinion on
an ultimate issue of fact, which must be decided by the
trier of fact. . . . [A]n ultimate issue [is] one that cannot
reasonably be separated from the essence of the matter
to be decided [by the trier of fact]. . . . In a sexual assault
case wherein the subject of the perpetrator’s identity is
not a matter of dispute, and the defense focuses on the
credibility of the complainant, the ultimate issue . . . [is]
whether the [complainant] had been sexually abused . .
. and expert testimony vouching for the complainant’s
State v. Evans E.
credibility is not helpful to the jury in deciding [that]
precise question . . . .” (Citations omitted; internal quota-
tion marks omitted.) State v. Favoccia, 306 Conn. 770,
786–87, 51 A.3d 1002 (2012).8
In its appellate brief and at oral argument before this
court, the state has conceded that it was improper for
the prosecutor to ask Westberg to comment on J’s cred-
ibility and we agree.
Finally, the defendant claims that the prosecutor com-
mitted impropriety during her rebuttal closing argu-
ment. The defendant claims that, during her rebuttal
closing argument, the prosecutor improperly argued:
“Detective Ieraci told you that he would not have submit-
ted a warrant for any charges if he didn’t think [J was]
credible. Priscilla Westberg told you that she thought
that [J] was credible based on her training and experi-
ence. The detective’s training and experience for multiple
years, [Westberg’s] training and experience for hundreds
of interviews. The state submits to you that [J] was cred-
ible about what happened to her and that you should find
[the defendant] guilty of all the charges as they were
presented.” Because the evidence itself was improper,
the prosecutor’s argument emphasizing that evidence
also was improper. Moreover, the prosecutor’s reference
to the testimony of Ieraci and Westberg, along with a
description of their extensive training and experience,
added persuasive force to their improper testimony.
Accordingly, we conclude that the prosecutor’s closing
argument was improper.
8
We note that the state did not disclose Westberg as an expert witness
and the court did not give the jury an instruction relating to expert
witnesses. As noted herein, Westberg did testify, however, that she
has specialized training in conducting forensic interviews and has
several years of experience conducting forensic interviews, including
that she has conducted more than one thousand of them. The state
referred to Westberg as an expert witness at oral argument before this
court. We therefore apply the foregoing legal principles to her testi-
mony. As indicated herein, however, it was improper for the state to
ask Westberg to opine on the credibility of J whether she did so as an
expert witness or not.
State v. Evans E.
Having determined that the prosecutor committed
improprieties, “we must examine not only whether any
individual impropriety deprived the defendant of his right
to a fair trial, but also whether the cumulative effect of
multiple improprieties . . . deprived [him] of his . . . right
to a fair trial. . . . To [do so], we must determine whether
the sum total of [the prosecutor’s] improprieties ren-
dered the defendant’s [trial] fundamentally unfair . . . .”
(Internal quotation marks omitted.) State v. Dabate,
351 Conn. 428, 437, 331 A.3d 1159 (2025).
“[T]he defendant must establish that the trial as a
whole was fundamentally unfair and that the [impropri-
ety] so infected the trial with unfairness as to make the
conviction a denial of due process. . . . In weighing the
significance of an instance of prosecutorial impropriety,
a reviewing court must consider the entire context of
the trial, and [t]he question of whether the defendant
has been prejudiced by prosecutorial [impropriety] . . .
depends on whether there is a reasonable likelihood that
the jury’s verdict would have been different [in the
absence of] the sum total of the improprieties.” (Inter-
nal quotation marks omitted.) State v. Parris, supra,
352 Conn. 676.
“[O]ur determination of whether any improper conduct
by the [prosecutor] violated the defendant’s fair trial
rights is predicated on the factors set forth in State v.
Williams, [204 Conn. 523, 540, 529 A.2d 653 (1987)],
with due consideration of whether that [impropriety]
was objected to at trial. . . . These factors include: [1]
the extent to which the [impropriety] was invited by
defense conduct or argument . . . [2] the severity of the
[impropriety] . . . [3] the frequency of the [impropriety]
. . . [4] the centrality of the [impropriety] to the critical
issues in the case . . . [5] the strength of the curative
measures adopted . . . and [6] the strength of the state’s
case. . . . The question of whether the defendant has been
prejudiced by prosecutorial [impropriety] . . . depends on
whether there is a reasonable likelihood that the jury’s
verdict would have been different absent the sum total
State v. Evans E.
of the improprieties. . . . Under the Williams general due
process standard, the defendant has the burden to show
both that the prosecutor’s conduct was improper and that
it caused prejudice to his defense.” (Internal quotation
marks omitted.) State v. Henry B.-A., 234 Conn. App.
197, 206–207, 342 A.3d 1063, cert. denied, 353 Conn.
934, 347 A.3d 876 (2025).
We begin with the first Williams factor, whether the
improprieties committed by the prosecutor were invited
by defense conduct or argument. We first note that,
during her direct examination of J, the first witness
to testify at the trial, the prosecutor asked J whether
she had ever said anything untruthful and what kinds
of things she had been untruthful about. J responded
that she had been untruthful about “little things” in
the past. Because the state’s case rested primarily on J’s
credibility, defense counsel, understandably challenged
her credibility, beginning with the third question that he
asked her on cross-examination. Defense counsel asked
J: “Does your mom think you’re a liar?” This immedi-
ate attack on J’s credibility set the tone for the entire
trial. At every turn and with every witness, defense
counsel attempted to impugn J’s credibility, over the
state’s objection, and, generally, did not object to the
state’s subsequent attempts to bolster or rehabilitate her
credibility. Thus, to a certain extent, the prosecutor’s
improper inquiries were invited by defense counsel’s
challenges to J’s credibility. The fact that the defense
theory of the case was that J was lying, however, did not
give the prosecutor permission to ignore the well settled
prohibition against asking a witness to comment on the
credibility of another witness.
We next consider the second Williams factor, the
severity of the improprieties at issue. “In determining
whether prosecutorial impropriety is severe, we con-
sider whether defense counsel objected to the improper
remarks, requested curative instructions, or moved for
a mistrial. . . . We also consider whether the impropri-
ety was blatantly egregious or inexcusable.” (Citation
State v. Evans E.
omitted; internal quotations marks omitted.) State v.
Ciullo, 314 Conn. 28, 59, 100 A.3d 779 (2014). Defense
counsel did not object to the prosecutor’s improper inqui-
ries or argument or request any curative measures. We
acknowledge that defense counsel’s failure to do so may
indicate “that defense counsel presumably did not think
that the comments were so severe as to have a negative
effect on the jury.” State v. Patterson, 170 Conn. App.
768, 798, 156 A.3d 66, cert. denied, 325 Conn. 910,
158 A.3d 320 (2017). Our Supreme Court, however, has
recognized that “defense counsel may elect not to object
for tactical reasons, namely, because he or she does not
want to draw the jury’s attention to it . . . .” (Internal
quotation marks omitted.) State v. A. M., 324 Conn.
190, 207, 152 A.3d 49 (2016). Moreover, our Supreme
Court has stated that “prosecutorial misconduct can be
sufficiently egregious to overcome the suggestion that
defense counsel did not think it was unfair at the time.”
(Internal quotation marks omitted.) Id., 208.
Here, the prosecutor’s improper inquiries and argu-
ment were not minor or insignificant. The improprieties
were particularly severe in this case because the prosecu-
tor violated the well established principle of law that it is
improper to ask a witness to testify as to the credibility of
another witness and, in so doing, invaded the province of
the jury. See State v. Singh, supra, 259 Conn. 706–707.
The improper inquiries, which were compounded by
the subsequent argument pertaining to J’s credibility,
were neither indirect nor subtle. The prosecutor asked
Y, Ieraci and Westberg outright whether they believed
J’s allegations against the defendant. Although defense
counsel’s failure to object at trial is not by itself fatal to
a defendant’s claim and may have been borne of tacti-
cal reasons, any apparent lack of severity with respect
to the impropriety that may be attributed to defense
counsel’s failure to object is counterbalanced in part by
the frequency of the improprieties, which is the third
Williams factor. The record reflects that the impropri-
eties were not isolated to one portion of the trial. The
presentation of evidence in this case lasted less than
State v. Evans E.
two days. The state presented the testimony of J, Y, R,
Ieraci, Moller and Westberg. Of the five witnesses other
than J, the prosecutor improperly asked three of them
to comment on the veracity of J and then bolstered that
improper testimony during closing argument.9 Thus, it
cannot reasonably be argued that the improprieties at
issue were not frequent.
The fourth Williams factor is the centrality of the
improprieties to the critical issues in the case. As we
have concluded herein, the prosecutor improperly asked
Y, Ieraci and Westberg whether they believed J’s allega-
tions that the defendant had sexually assaulted her and,
in so doing, invaded the province of the jury, to which
the role of assessing J’s credibility belonged exclusively.
Because J’s credibility was the ultimate issue for the jury
to determine, the prosecutor’s improper inquiries were
central and critical to the case against the defendant.
The persuasive force of the testimony of Ieraci, who ulti-
mately drafted the arrest warrant for the defendant, and
the testimony of Westberg, who conducted the forensic
interview of J, and the prosecutor’s emphasis of that tes-
timony in her closing argument cannot be overstated. It
is particularly troublesome that the prosecutor bolstered
that testimony by mentioning the extensive experience
of those witnesses. Our Supreme Court has recognized
that “improper statements during closing arguments
may have a profoundly serious effect because they are
[a]mong the final words of persuasion the jury [hears]
before deliberation . . . .” (Internal quotation marks
omitted.) State v. Payne, 260 Conn. 446, 464, 797 A.2d
1088 (2002). As the defendant aptly points out, because
that was the last argument heard by the jury, defense
9
In considering the prosecutor’s argument in its entirety, we note
that the prosecutor also improperly bolstered Westberg’s improper
testimony in her initial closing argument when she argued: “[W]e
brought you medical evidence in the form of the forensic interview.
Which you are allowed to consider as substantive evidence. Not only
that, but the forensic interviewer was allowed to talk about how she has
done hundreds of these interviews, and she found [J] to be credible. And
why, because she was consistent and because whenever the interviewer
made a mistake she corrected her.”
State v. Evans E.
counsel had no opportunity to respond and therefore,
that argument likely left a lasting impression in the
minds of the jurors.
We next consider the fifth Williams factor, the strength
of the curative measures adopted. No such measures were
taken in this case. Although no curative measures were
adopted, the absence of such measures is attributable to
defense counsel’s failure to object or request any curative
instruction from the court. Therefore, defense counsel
“bears much of the responsibility for the fact that [the]
claimed impropriet[y] went uncured.” (Internal quota-
tion marks omitted.) State v. Ortiz, 343 Conn. 566, 581,
275 A.3d 578 (2022).
Finally, we consider the sixth Williams factor, the
strength of the state’s case. This case lacked any phys-
ical evidence and therefore depended entirely on J’s
credibility. We repeatedly have described such cases as
“not automatically . . . weak,” but also “not particularly
strong . . . .” (Internal quotation marks omitted.) State v.
Favoccia, supra, 306 Conn. 809. Indeed, J herself testi-
fied that she had a history of lying. The state contends,
inter alia, that this was not a “one witness case” but,
rather, that, “in addition to [J’s] testimony, the state
presented the constancy of accusation testimony of [R]
and powerful consciousness of guilt evidence.” As to R’s
testimony, our Supreme Court has held that constancy
of accusation evidence is admissible “only to corroborate
the [complainant’s] testimony and not for substantive
purposes.”10 State v. Troupe, 237 Conn. 284, 304, 677
A.2d 917 (1996).11 As to the purported consciousness
of guilt evidence, the court declined to give the jury an
10
See footnote 3 of this opinion.
11
This principle is codified in § 6-11 (c) (1) of the Connecticut Code of
Evidence, which provides in relevant part that a person to whom a sexual
assault victim has reported the alleged assault “may testify that the
allegation was made and when it was made, provided that the complain-
ant has testified to the facts of the alleged assault and to the identity
of the person or persons to whom the alleged assault was reported. Any
testimony by the witnesses abo