# Motion — Perruccio v. Connecticut > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_0023%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Motion - **Published:** January 1, 1984 - **Citation:** 469 U.S. 801 ## Text Office - Supreme Coug, U.S, ee. & D NO. 83-1979 AUG 3 1964 Iu The — STEVAS Supreme Court Of Che United States OCTOBER TERM, 1983 DENNIS M. PERRUCCIO, Appellant We STATE OF CONNECTICUT, Appellee ON APPEAL FROM THE SUPREME COURT OF CONNECTICUT MOTION TO DISMISS OR AFFIRM C. ROBERT SATTI State’s Attorney New London Judicial District 302 Captain’s Walk New London, CT 06320 (203) 443-2835 Counsel for Appellee QUESTION PRESENTED he Whether appellant's onten- tions merit plenary consideration? ii TABLE OF CONTENTS Pages Ouestion Presented ..i6sskise cee es i Taoie CE Contents «i6acdee eee ii 7enbie OF Authorities icaaceeieoneen £23 Motion To Dismiss Or Affirm ...... 1 Statute Inveoiwed . ~> ”O A. skating? What exactly did he He gave me two tickets in class. And what did he say? He asked me to go. Okay, go with him? Yeah. kkk I told him maybe; I'd have to ask my parents. > O And did you ask your parents? Yes. What did they say? They said as long as I bring friend. As long as -- I bring a friend. TR 95-96 kk 25 Q. He was standing to your right and you leaned over and kissed him on the left cheek? A. Yes. Q. All right. What did he say or do after that? As He said, is that it? Q. Okay, and what did you say? A. I didn't say anything. Q. Then, what did he say or do? A. He turned me toward him. He put his left arm around me. Then he kissed me and went up my shirt with his right arm. *k* Q. Where did he -- tell me what he did with each of his hands; okay? A. His left arm was around me, around my back. QO. Around you where, your shoulder, your waist, what? A. My back. Q. Around your back. You were both facing each other? A. Yeah, after he turned me. 26 Q. Okay. And then what did he do with his right hand? A. He went up my shirt. Q. He went up inside your shirt? A. Yes. Q. What did he do with it then? A. Felt my left breast. And then he went under my bra, did that again. Then he hugged me. He tried to go down the back of my pants. I said, no. Then he -- he hugged me. He said, friends? I didn't say anyting. I just said, friends. And then he let go of me, and somebody came in, so I left. Q. Okay. Now, you say with his right hand he felt your breast outside your bra? A. Yes. . Is that correct? A. (Witness nodded head affirma- tively. ) Q. And then did he put his hand up underneath your bra and feel your breast? A. Yes. Q. Okay, how long did he do that? A. A few seconds. 27 Q. All right. And what did he do with his hands after that while he was kissing you? You said something about behind in your pants? A. He tried to go down the back of my pants. Q. He tried to put his hand ,down inside your pants in the back? kkk Q. And did you at any time give him consent to touch your breast? A. No. Q. He just did it? A. Yes. Q. Okay. Did you make any attempt to stop him? A. No, I was stunned. Q. You were stunned? A. Frightened. TR 101 - 106 kk* 28 a 2. CROSS EXAMINATION A. No. He wanted to know what basically happened. Q. Who is "he"? A. Officer Kelly. Q. And so you told him in the statement the important things; is that it? A. Things that actually happened when he -- I didn't -- he didn't go all the way down my pants. That's why I didn't put that. Q. I'm sorry, would you talk louder, please. A. He didn't go all the way down my pants. I told him, no; so lI left that out at the time. Q. Well, the "he" is Mr. Perruccio? A. Yes. : Q. He didn't go all the way down your pants? A. Right. He went to try to go down my pants; and I said, no. So, I didn't tell Officer Kelly that. Q. And so he didn't go down your pants, did he? A. No. He tried to. 29 TR 121 kk* Q. And as he turned you, you claim he immediately tried to put his hand on to your breast? A. He kissed me and at the same time he put his hand up my shirt. Q. Now, what did you do with your nands? A. Just standing there (indi- cating} Q. You didn't put your hands around him? A. No. Q. Did you try to kiss him back? A. No. Q. You just stood there with your hands straight by your side and did nothing (indicating)? : I didn't know wnat to do. I was just standing there. I was stunned. I was frightened. If I didn't do some- thing -- I didn't know what to do. Q. But anyway, you didn't put your arms around him? A. No. 30 Q Now, you say that he put his hand then underneath your blouse? A. Yes. Q. And did he put it -- you say he put his hand directly on your breast; is that correct? A. Yes. Q. That's your claim, isn't it? A. Yes. Q. And he also then got his hand under your bra as well? A. Yes. Q. Did he try to take it off? A. (Short pause.) He moved it up. Q. He moved it up? A. (Witness nodded head affirma- tively). kkk Q. All right. Now you say that the touching of your breast took how long? A. A few seconds. Q. A few seconds. When you say "a few seconds,” -- 31 A. Maybe to a half a minute at G. I'm sorry, what? A. Maybe to a half a minute at most. Q. Oh, now it's to a half a, minute. A. OkKay. G, Now, it's to a half a minute? A If you want to know, if you want a time limit. Maybe 15, I'm not exactly sure. I was frightened. Q. Fifteen? A. I didn't have a stopwatch on +p Fifteen minutes? A. Seconds. Q. Oh, I'm sorry. Okay, SO you say anywhere from a few seconds to 15 seconds, to now over a minute? A. Maybe a half a minute. I don‘t know, I didn't have a stopwatch on my hand. Q. Now during all of this, during all this time is he still in the process of kissing you? A. Yes. Q. So his mouth is always on your A. Right. He was Frenching me. Q. Oh, he was giving you a French A. Yes, forced it. Q. And so you opened your mouth for him to give you a French kiss? A. He forced it. Q. He forced your mouth open? > Right. Q. Did you bite his tongue? A No. Q. Now when is it then -- when is it when you then had an embrace, was it after this kissing and touching? A. Was does “embrace" mean? QO. Arms put around each other. A. He hugged me. Q. And you put your arms around As No. 33 Q. Oh, he just hugged you and you did not hug him back? A. He hugged me, and he asked me, friends? Q. I'm sorry? A. He hugged me. It depends, which hug are you talking about, the first One where he tried to go down my pants afterwards or the one that -- I didn't put my arms around him at all. He hugged me and tried to go down my pants, and I said no. He hugged me again and said, friends? And I just said, friends, so I could get out. I was hoping he'd let me go because I was frightened and I was scared be- cause I wanted to get out of the room. kkx A. No, he was not -- he was feel- ing my breast for a few seconds. G. A few seconds? A. Right. Q. Was he squeezing it, or did he just touch it? A. Sort of rubbed it. He sort of rubbed it *k* 34 Q. And when he kissed you on the mouth, where was his left hand? A. Around my back. ~~ Q. That was over your shoulder onto your back? A. Around my back. Q. Was it under your -- Was it under your right arm or left arm, or was it over your back? A. It was like that. Where he went like this (indicating). Q. So his arm was outside -- A. Right. Q. -- your arm? A. Yes. Q. And did you try to pull away from him? A. No. I was scared. I was frightened he might hurt me or some- thing. Q. I'm sorry, I didn't hear that. A. Iwas frightened that he might hurt me. Q. Did he make any threats to you? TR 139-147 kkk 35 3 REDIRECT EXAMINATION Q. Did you have any opportunity to avoid his grabbing of your left breast? A. No. Q. He just did it before you could do anything about it? A. That's right. Q. And you had no warning that he was going to do that; is that right? A. I had no warning. O. And you did not give him con- sent to do that? A. Wo, i didn’t. TR 148 xkk* B - Dennis Perruccio 1. DIRECT EXAMINATION Q. Dennis, you're the accused in this case? Q. And how old are you? 36 A. Thirty-nine years old. Q. What is your date of birth? A. Six February, 1943. TR 348 kk* --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_0023%3A2. Public record. Not legal advice.