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State v. Christian3/9/2004
of the volume of evidence presented by the state indicating that the defendant had been driving at the time of the accident, we cannot say in the present case that it was more probable than not that the erroneously admitted privileged testimony affected the jury's verdict, nor can we say that any prejudice resulting from the impropriety was so substantial as to undermine confidence in the fairness of the verdict. Accordingly, we conclude that the improper admission of the privileged testimony constituted harmless error.
II.
The defendant next claims that the trial court improperly precluded Victoria Bobryk from testifying with regard to a conversation that she had overheard between Joan Christian and her attorney. Specifically, the defendant claims that Bobryk's testimony concerned the effect that the defendant's conviction would have had on Joan Christian's claim for custody of the couple's child, and was therefore relevant impeachment evidence.
The following additional facts are relevant to our resolution of this claim. As we previously have discussed, Joan Christian testified at trial that the defendant had told her that he had been driving the vehicle at the time of the accident. See part I of this opinion. On cross-examination, the defendant questioned her concerning her truthfulness in a prior, unrelated criminal proceeding in Connecticut Superior Court, wherein Joan Christian herself had been charged with driving under the influence . Specifically, the defendant asked her if she had told the court in that proceeding that she had no prior convictions and never had participated in an alcohol education program, despite the fact that she had an earlier conviction for driving under the influence in Massachusetts and had participated in that state's alcohol education program. Joan Christian admitted that she had not been entirely truthful in that proceeding, but explained that she had thought that the court's questions in that proceeding pertained solely to convictions in Connecticut and the Connecticut alcohol education program.
In connection with questions regarding her marriage to the defendant, Joan Christian testified that the defendant had abandoned her and their young son in October, 2000, and that she thereafter had moved with the son to Massachusetts. Upon further cross-examination, she testified that she had initiated court proceedings in Massachusetts regarding the defendant's visitation rights with their son, and that in the court file for those proceedings she had enclosed newspaper articles concerning the charges against the defendant in the present case. Joan Christian further testified that the defendant had initiated divorce and child custody proceedings in Connecticut in February or March, 2001. She admitted that, in a discussion with the defendant concerning those proceedings, she had told him that she had been "keeping up" with the status of the present case. She further admitted that she had contacted the state's attorney and had given a statement to the Suffield police department concerning the present case. Joan Christian acknowledged that her divorce and child custody proceedings against the defendant were "hotly contested," and that her conflicts with him had escalated over time. She also admitted that she was not "too happy" with the fact that the defendant had left her without paying their bills, although she had given him money for that purpose. Nonetheless, she stated that she was not angry with him, and that she was testifying against him in the present case because it was "the right thing to do."
Finally, the defendant questioned Joan Christian regarding a conversation she had with her attorney in the Enfield courthouse in May
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