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State v. Rosado

Connecticut Superior Court
2009 WL 3086436 (2009)


Facts

Aaron McCrae was shot to death near a train station in New Haven in retaliation for the murder of a third party. Geraldo Rosado, Luis Santana, and Juan Nunez (defendants) were arrested for the crime. Rosado made two separate statements to police denying his involvement or presence at the scene. Eventually, Rosado admitted being present at three times and places critical to the killing: (1) at the scene of the murder, (2) when the drug dealer Primo ordered McCrae to be killed, and (3) when Primo handed Santana two guns to kill McCrae. Rosado also admitted to fleeing to Nunez’s house and meeting there with Santana after the murder had been committed. Police later discovered the two guns used to murder McCrae in Nunez’s house. Rosado’s DNA, along with that of Santana and Nunez, was discovered on the handgrips of both weapons. Rosado was convicted of conspiracy to commit murder. Rosado moved for acquittal, arguing that the prosecution failed to present any direct evidence that Rosado agreed to join the conspiracy.

Rule of Law

Issue

Holding and Reasoning (Blue, J.)

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