In a case that could raise the stakes for a prosecutor’s failure to comply with Practice Book discovery rules, a defense attorney is seeking a Connecticut Supreme Court review of the Appellate Court’s majority decision in State v. Luisa Bermudez.At issue is whether it was misconduct for the trial prosecutor not to disclose an inculpatory statement by a co-defendant, despite a motion for such discovery – only to reveal the statement at trial in dramatic rebuttal to the defendant’s case.
Luisa Bermudez was charged with first-degree robbery in Bridgeport in 2002. The victim testified during the 2004 trial that he was acquainted with the defendant and recognized her voice when she spoke to him during the robbery. A co-defendant, Orema Taft, pleaded guilty and testified for the defense that Bermudez wasn’t involved.
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