State v. Abreu
The alleged crimes of sexual assault in the second degree in violation of C.G.S. §53a-71(a)(1) and risk of injury to a child in violation of C.G.S. §53-21(a)(2), each contain elements that the other does not. In connection with allegations by his then 13-year-old niece, Vernon Abreu was found guilty, following a jury trial, of risk of injury to or impairing the morals of a child in violation of C.G.S. §53-21(a)(2) and of delivering alcohol to a minor. He was found not guilty of sexual assault in the second degree in violation of C.G.S. §53a-71(a)(1). Abreu appealed claiming that there was insufficient evidence to support his risk of injury conviction because the jury found him not guilty of the sexual assault charges. The Appellate Court disagreed and affirmed the judgment. The alleged sexual assault and risk of injury crimes each contained elements that the other does not. The defendant appeared to have conflated, for the separate crimes charged, the elements of sexual intercourse and contact with intimate parts. The Appellate Court's review of the evidence demonstrated that the victim's testimony provided sufficient evidence by which the jury reasonably could have found beyond a reasonable doubt that the defendant touched the victim's intimate parts in a sexual and indecent manner but that he did not engage in sexual intercourse with the victim as alleged in the sexual assault charges. The Appellate Court declined to second guess the jury's credibility determinations.