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State v. Foster | 522 A.2d 277 (1987)
An accessory is guilty of helping someone else commit a crime. Is it possible to help someone commit an unintentional crime? The defendant argued it wasn’t in State versus Foster.
Michael Foster’s girlfriend was robbed and raped one evening while out walking. Her attacker was a young man who held a straight razor to her throat. Foster’s girlfriend described the assailant to Foster in detail.
About a week later, near the site of the attack, Foster and his friend, Otha Cannon, saw someone matching the attacker’s description. Foster and Cannon confronted the man, William Middleton, in an alleyway. Middleton denied any involvement in the crimes and tried to flee, leading to a fight in which Foster beat Middleton with his fists and a blunt object. Foster wanted to bring his girlfriend to the alley to identify Middleton, so he told Middleton to wait there while he went to get her. Fearing Middleton would try to escape, Foster told Cannon to watch Middleton and gave Cannon a knife.
While Cannon waited for Foster to return, Middleton reached into his pocket and ran at Cannon. As Middleton ran toward him, Cannon held out the knife, fatally stabbing Middleton. Middleton had a straight razor in his pocket that Foster’s girlfriend later identified as the weapon used against her.
Foster was convicted on several counts, including as an accessory to criminally negligent homicide. Foster filed a motion for acquittal on the grounds that it was impossible to be an accessory to an unintentional crime. The trial court denied the motion. Foster appealed to the Connecticut Supreme Court.
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