State v. Perez
Annotate this CaseAfter a jury trial, Defendant, the former mayor of the city of Hartford, was convicted of bribe receiving, fabricating evidence, and larceny by extortion. The State had charged Defendant with the offenses in two separate informations. Before trial, however, the trial court granted the State’s motion to consolidate the charges, and the cases were tried together for purposes of judicial economy. Defendant filed two motions to sever, arguing that consolidation improperly compromised his right to choose whether to testify on his own behalf in one case but to remain silent in the other case. The trial court denied the motions. The Appellate Court reversed and remanded the cases to be retried in two separate proceedings, concluding that the trial court’s refusal to sever the cases had compromised Defendant’s ability to testify in one case, causing him substantial prejudice. The Supreme Court affirmed, holding that the trial court abused its discretion in declining to sever the cases because Defendant made a timely and compelling showing that he had important testimony to give in one case and a strong need to refrain from testifying in the other.
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