State v. Rosado, 2009 WL 3086436 (Conn. 2009)

  • Facts: Aaron McCrae was murdered in retaliation for an earlier killing. Rosado, Santana, and Nunez were arrested. Rosado initially denied involvement; eventually admitted being present (1) at the murder scene, (2) when Primo ordered the killing, (3) when Primo handed Santana two guns. Rosado fled with co-conspirators to Nunez's house, where the murder weapons were later found. His DNA was on both gun grips.
  • Issue: May a conspiracy conviction rest solely on circumstantial evidence?
  • Rule: Yes. Mere knowledge of a criminal plan is not enough, but agreement may be inferred from the manner in which conspirators acted.
  • Analysis: Rosado's repeated presence at three key conspiracy moments, his DNA on the murder weapons, and his lies to police, taken together, supported a rational inference of agreement.
  • Judgment: Motion for acquittal denied; conviction stands.

Reading: pp. 329–39. See Actus Reus.