NO. CRO7-241859 STATE OF CONNECTICUT “WgfjalDistictot New Haw. FILED v. : 20 200 STEVEN HAYES 7 “IEF CLERK'S OF SUPERIOR COURT JUDICIAL DISTRICT OF NEW HAVEN SEPTEMBER 29, 2010 DEFENDANT'S SUPPLEMENT REQUEST TO CHARGE RE SPECIAL INTERROGATORIES Pursuant to §42-16 et. seq. and §42-29 of the Connecticut Practice Book, the defendant requests the following instruction and special interrogatory be included in the instructions to be given to the jury in the above case: If you convict the defendant of any of the following counts you must each complete 2 form called a special interrogatory, and indicate whether you found the defendant guilty as the principal or as the accessory as to the Second Count and the Third Count. The counts requiring that special interrogatory are the Fourth Count, Fifth Count, Eleventh Count, and Twelfth Count. SPECIAL INTERROGATORY Did the defendant act as the principal? YES __ Did the defendant act as the accessory? YES __ LEGAL AUTHORITY: U.S. v. Barrett, 870 F.2d 953, 955 (3 Circuit 1989); Special interrogatories can be used to assist in sentencing.US. v. Desmond, 670 F.2d 414, 418 (3 Circuit 1982); Special interrogatories are appropriate where a determination of certain facts will be crucial to the sentence: U.S. v. Buishas, 791 F.2d, 1310, 1317 (7" Circuit 1986). U.S. v. Orozco-Prada, 6732 F2d 1076, 1083-1084 (2™ Circuit); cert.denied, 459 U.S. 845, 105 S.Ct. (1984). The Sixth, Eighth and Fourteenth Amendments to the United States Constitution and Article first, §§ 1, 8, 9 and 20, of the Connecticut Constitution. FACTUAL BASIS: The State has indicated for the record, in response to the Defendant's Motion For Bill of Particulars, that it does not know if the defendant acted as the principal or as the accessory as to Counts Two and Three. Respectfully submitted BY: THOMAS ULLMAI Public Defender New Haven Judicial District 235 Church Street New Haven, Connecticut 06510 Juris No, 304197 Chief of Capital Deferisé & Trial Services Office of Chief Public Defender 30 Trinity Street, 4" Floor Hartford, Connecticut 06106 Juris No. 400139