DocketNumber: No. CR96 096483
Citation Numbers: 1999 Conn. Super. Ct. 4122
Judges: MALONEY, JUDGE.
Filed Date: 4/29/1999
Status: Non-Precedential
Modified Date: 4/18/2021
M. Fred Decaprio, Esq. John Watson, Esq. Public Defenders Office, For the Defendant.
Genevieve Ross, Court Reporter.
Before Honorable John P. Maloney, Judge.
Based on my review of the evidence and testimony, I make the following findings of fact:
On November 3, 1995, during the morning, the defendant engaged in sexual intercourse with her son, John. The sexual intercourse consisted of cunnilingus. In particular, I find that the victim placed his lips on the vulva, that is the external sexual organs, of the defendant at her request, and for the purpose of her sexual stimulation.
On the same day and at the same time, the defendant had other sexual contact with John, including his touching her vulva and touching her breasts with his hand, at her request and for the purpose of her sexual stimulation.
These sexual assaults occurred at the house where the defendant and the victim lived, 165 Robertson Street in Bristol. The defendant and the victim were alone in his bedroom at the time, and she was naked. On that date, November 3, 1995, the victim, John, was six years old and the defendant was more than two years older than he.
The foregoing findings of fact persuade me beyond a reasonable doubt that the defendant committed the crimes of sexual assault in the first degree in violation of General Statutes
At the time the defendant committed the crimes specified, she was suffering from a severe chronic mental illness, specifically, she had a schizophrenic affective disorder. This illness caused severe distortion of reality in her thinking and caused profound disturbances in her emotions and behavior. Her CT Page 4124 illness had been exacerbated by a traumatic incident several years previous when she was raped and assaulted. At that time, she received a serious head injury and the loss of one eye. This incident very likely caused further emotional damage and physical injury to her brain.
In 1995, at the time of the sexual assaults on her son, as a result of her mental illness, the defendant was profoundly psychotic and delusional. She was unable to make any rational judgments; was unable to control her behavior; and in essence, was completely controlled by her mental illness.
Based on the forgoing findings, I further find by a preponderance of the evidence, that at the time she committed the sexual assaults and other acts on November 3, 1995, the defendant lacked substantial capacity as a result of her mental illness to appreciate the wrongfulness of her conduct and to control her conduct within the requirements of the law.
Based on the findings and facts set forth above and in accordance with General Statute Section
The case is continued for 60 days to February 19, 1998 or sooner, if and when ordered by the Court.
Okay. We are adjourned.
HONORABLE JOHN P. MALONEY, JUDGE