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ROY SASTROM v. GARRELL MULLANEY (SC 18027)
Katz, Palmer, Vertefeuille, Zarella and Schaller, Js. Argued January 7--officially released April 29, 2008

Robert E. Byron, special public defender, for the appellant (petitioner). Denise B. Smoker, senior assistant state's attorney, with whom, on the brief, were Timothy J. Liston, state's attorney, and Jo Anne Sulik, senior assistant state's

attorney, for the appellee (respondent).

Opinion

VERTEFEUILLE, J. The petitioner, Roy Sastrom, appeals from the judgment of the habeas court denying his petition for a writ of habeas corpus. On appeal, the petitioner claims that the habeas court improperly rejected his claim that his trial attorney had rendered ineffective assistance of counsel by failing to challenge the trial court's judgment of acquittal by reason of mental disease or defect. We affirm the judgment of the habeas court. The following undisputed facts and procedural history are relevant to our resolution of this appeal. Between October, 1992, and November, 1993, Raymond Berchem received four letters of a threatening nature. Each letter was signed with the petitioner's name and bore the return address of the Connecticut correctional institution in Somers, where the petitioner was incarcerated. The first two letters, which were sent a few weeks apart from each other, were sent to Berchem's business address in Bridgeport. Both letters demanded $500 from Berchem, and threatened bodily harm if he failed to comply. Berchem received the third and fourth letters in April and November, 1993, respectively. Both letters demanded $50,000 and also threatened Berchem and his family with bodily harm if he failed to comply. The third letter was sent to Berchem's business address, but the November, 1993 letter was sent to Berchem's home address in Shelton, a fact that particularly distressed Berchem. Berchem informed the police of his receipt of these letters, and they subsequently conducted an investigation. In connection with the investigation, Officer Joseph Masson, a member of the Connecticut state police, questioned Sastrom at the Somers correctional facility. The petitioner denied knowing Berchem, but admitted that he knew Berchem's former wife. The petitioner denied any knowledge of the letters Berchem had received. For purposes of comparing the petitioner's handwriting to the letters Berchem had received, Masson procured from correction officials handwritten documents by the petitioner. Handwriting analysis revealed that these samples and the letters received by Berchem were written by the same person. The petitioner subsequently was charged in two substitute informations with four counts of harassment in the first degree in violation of General Statutes

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