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State v. Kilroy12/26/2000
out its condition, the loss of the photographs was harmless when the state's failure to disclose them was balanced against any prejudice to the defendant. In light of the record here, the defendant cannot prevail on his claim that the trial court relied exclusively on the defendant's failure to establish bad faith on the part of the police in reaching its decision. That court also ruled that any determination of materiality would have been speculative and that the defendant was not prejudiced. Under the circumstances here, there was no clear constitutional violation that clearly deprived the defendant of a fair trial.
IV.
The defendant's final claim is that the court's failure to allow into evidence a redacted police report materially prejudiced his ability to defend himself against the charges. We disagree.
"A trial court has broad discretion in ruling on the admissibility of evidence, and such discretion will not be disturbed on appeal except on a showing of a clear abuse of discretion." State v. Jones, 44 Conn. App. 476, 487, 691 A.2d 14, cert. denied, 241 Conn. 901, 693 A.2d 304 (1997). The defendant has failed to show that the court abused its discretion in refusing to admit the redacted police report. It is clear from the record that the defendant was afforded several opportunities to put his evidence before the jury. Morron testified and was cross-examined during the trial. The defendant refused to ask for a capias from the court to compel Morron's reappearance, and he refused a continuance to attempt to obtain Morron's testimony.
The judgment is affirmed.
In this opinion the other judges concurred.
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