Conn. Crim. Jury Instr. 2.5-4

Revised September 13, 2023

You have heard evidence that <witness> has signed a document entitled “Cooperation

Agreement” with the state, the terms of which are contained in <Exhibit #>.

These agreements are permissible, and the rules of court provide for their use.

Although the state is permitted to present the testimony of someone who has signed a

cooperation agreement in exchange for (his/her) testimony, you must examine the testimony of

such a witness who provides evidence against a defendant with greater care and caution than the

testimony of an ordinary witness.

While examining the testimony of a witness who has signed a cooperation agreement

and (who has not yet been sentenced on a pending case / whose own case has not yet been

disposed of / who remains incarcerated / who has not been prosecuted with offenses for which

the state has evidence), you should keep in mind that (he/she) may, in (his/her) own mind, be

looking or hoping for some favorable treatment in the sentence, supervision, or disposition of

(his/her) own matters, and therefore may have such an interest in the outcome of this case that

(his/her) testimony may have been colored by that fact. In considering the testimony of such a

witness, you may consider whether there was any motive developed in the evidence for testifying

falsely in inculpating the accused.

The factors you may consider, among others, when evaluating the credibility of such a

witness include:

• the extent to which the witness’ testimony is confirmed by other evidence;

• the specificity of the testimony;

• the extent to which the testimony contains details known only by the perpetrator of the

alleged offense;

• the extent to which the details of the testimony could be obtained from a source other

than the defendant;

• the circumstances under which the witness initially provided information supporting such

testimony to law enforcement or a prosecutorial official;

• whether the witness has received a benefit, or expects to receive a benefit (including

immunity from prosecution, leniency in prosecution, leniency in sentencing, or personal

advantage) in exchange for testimony;

• any other case in which the witness testified or offered statements and whether the

witness received any promise, inducement, or benefit in exchange for that testimony or

statement;

• whether the witness has ever changed his testimony; and

• the witness’ record of convictions.

[<Include if appropriate:> In addition, you must not consider <witness’s > guilty plea to an

offense connected to the crimes charged here as any evidence of the defendant’s guilt. The fact

that <witness> has entered a plea of guilty is not evidence of the guilt of any other person.]

Further, notwithstanding any language contained in <Exhibit __>, the cooperation

agreement signed by <witness>, it is your exclusive role to determine the credibility and

believability of that witness. In other words, you and you alone are to determine whether any

evidence offered by <witness> is to be believed wholly, partly, or not at all, irrespective of any

language in the cooperation agreement that may suggest otherwise.

The determination as to whether the state has proven the elements of the crimes charged

beyond a reasonable doubt rests solely with the jury after a careful examination of all of the

evidence presented. You should carefully scrutinize the testimony of <witness> before you

accept it. However, you are not required to disbelieve a witness because (he/she) has criminal

matters currently pending or has signed a cooperation agreement. The law recognizes that there

are many offenses that are of such a character that the only persons capable of giving useful

testimony are those who are themselves implicated in the crime. Like all other questions of

credibility, this is a question for you to determine based on all the evidence presented to you.

It is your duty to decide what credibility to give to any witness. Therefore, it is your duty

to decide whether <witness> is to be believed wholly, partly, or not at all.