January 17, 2019
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
from the Superior Court in the judicial district of
Middlesex, where the court, Vitale, J.
A. Pattis, Bethany, with whom, on the brief, was Brittany
Paz, New Haven, for the appellant (defendant).
J. Scheinblum, senior assistant states attorney, Peter A.
McShane, former states attorney, and Eugene R. Calistro,
Jr., former senior assistant states attorney, for the
C. J., and Palmer, McDonald, DAuria, Mullins, Kahn and
Conn. 813] The defendant, Tony M., appeals from the judgment
of conviction, rendered after a jury trial, of murder in
violation of General Statutes § 53a-54a and risk of injury to
a child in violation of General Statutes § 53-21 (a) (1). On
appeal, the defendant makes three claims. First, he claims
that the trial court improperly denied his motion to suppress
certain evidence arising from statements that he had made to
the police while in the hospital on the ground that any
waiver of his Miranda  rights prior to making
those statements was involuntary. In connection with that
claim, he argues that his statements were made involuntarily
due to his weakened physical condition at the time he made
them. Second, he claims that evidence regarding his
statements was also inadmissible because the interview was
not recorded, as required by General Statutes §
54-1o . Third, he claims that the trial court
improperly precluded him from introducing into evidence a
letter in which he offered to plead guilty to manslaughter in
exchange for twenty-five years incarceration. We disagree
with the defendants claims and, accordingly, affirm the
judgment of the trial court.
record reveals the following facts, which the jury reasonably
could have found, and procedural history. On July 5, 2015,
the defendant threw the victim, his seven month old baby,
from the Arrigoni Bridge into the Connecticut River in
Middletown. The defendant then jumped off the bridge himself.
The defendant survived the fall; the baby did not. In the
leading up to the murder, the defendants relationship with
the babys mother became increasingly troubled, and they
separated. As a result, the babys mother decided to move out
of the house where they had been living [332 Conn. 814]
together for almost two years. At the same time, the babys
mother applied for, and was granted, a temporary restraining
order against the defendant. In her application, she
explained that the defendant had told her that he could make
her and the baby disappear at any time. This caused her to
fear for the safety of herself and the baby. At a subsequent
hearing, on June 29, 2015, the court dissolved the temporary
restraining order, and the defendant and the mother reached
an agreement to share joint legal custody of their baby.
days of this agreement, on July 5, 2015, the defendant had
custody of the baby at his mothers house, where he lived. At
around 11 p.m., the defendant woke the baby from his sleep,
put him in the stroller along with some blankets, a pacifier,
his phone, an iPod, and a knife, and went for a walk. He soon
began walking toward the Arrigoni Bridge with the intention
of killing his baby and committing suicide. En route to the
bridge, the defendant initiated the following exchange of
text messages with the babys mother:
"[The Defendant]: I hope you had fun bullshitting, I
really needed to talk to you ....
"[The Babys Mother]: I was trying to talk to my friend.
She just broke up with her boyfriend and wanted to talk to
me. Sorry Im trying to be a good friend ....
"[The Defendant]: Well, Im sorry there was a problem
regarding our son ....
"[The Babys Mother]: Whats going on .... Why didnt
you say that instead of saying I need to talk to you.
"[The Defendant]: Clearly nothing that matters to you.
And why would I say I NEED to talk to you if it wasnt
"[The Babys Mother]: What was the matter?
"[The Defendant]: Dont worry, youll see later. Just
remember I tried [to] contact you first ....
Conn. 815] "[The Babys Mother]: Just tell me! Are you
in the hospital?
"[The Defendant]: No, and again it doesnt matter now.
Just remember you wanted to play games and lie and be
childish when I tried to reach out ....
"[The Babys Mother]: Okay Tony. Good night Ill talk to
you tomorrow or Tuesday ....
"[The Defendant]: No you wont ....
"[The Babys Mother]: What do you mean no?!
"[The Defendant]: You wont talk to me tomorrow or any
other day ....
"[The Babys Mother]: Tuesday is my day. So yes Ill
text you in the morning to see when youll be dropping off
"[The Defendant]: I wont be ....
"[The Babys Mother]: Tuesday is my day.
"[The Defendant]: There is no ...