State v. Kosuda-BigazziAnnotate this Case
The Supreme Court affirmed the order of the trial court denying Defendant's motion to dismiss the murder and tampering with physical evidence charges against her, holding that the trial court did not abuse its discretion in determining that dismissal was not warranted.
At issue was whether police officers executing a search and seizure warrant for Defendant's home invaded her attorney-client privilege to the extent the charges against her should be dismissed pursuant to State v. Lenarz, 22 A.3d 536 (Conn. 2011). On appeal, Defendant argued that the police prejudiced all further prosecution against her by examining, reading, and publishing privileged information that was in the arrest warrant application. The Supreme Court affirmed, holding that the trial court properly determined that Defendant was prejudiced by the examination and seizure of certain privileged documents but that the State demonstrated that the remedial actions that the State and trial court took cured the prejudice to Defendant.