`It is a reasonable exercise of judicial discretion to exclude questions which would introduce issues foreign to the case; State v. Dortch, 139 Conn. 317, 325, 93 A.2d 490; or evidence the relevancy of which appears to be so slight and inconsequential that to admit it would distract attention which should be concentrated on vital issues of the case. State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473.' State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83 (1969). We have reiterated that evidence is relevant only when it tends to establish the existence of a material fact or to corroborate other direct evidence in the case.
"It is a reasonable exercise of judicial discretion to exclude questions which would introduce issues foreign to the case; State v. Dortch, 139 Conn. 317, 325, 93 A.2d 490; or evidence the relevancy of which appears to be so slight and inconsequential that to admit it would distract attention which should be concentrated on vital issues of the case. State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473." State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83 (1969).
"`It is a reasonable exercise of judicial discretion to exclude questions which would introduce issues foreign to the case; State v. Dortch, 139 Conn. 317, 325, 93 A.2d 490; or evidence the relevancy of which appears to be so slight and inconsequential that to admit it would distract attention which should be concentrated on vital issues of the case. State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473.' State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83." State v. Moynahan, 164 Conn. 560, 589-90, 325 A.2d 199, cert. denied, 414 U.S. 976, 94 S.Ct. 291, 38 L.Ed.2d 219 (1973).
State v. Towles, 155 Conn. 516, 523, 235 A.2d 639. At times the evidence offered may be relevant, but its relevance may be so slight and inconsequential that to admit it would distract attention which should be concentrated on other evidence which bears directly on the vital issues of the case. State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83; State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473." State v. Varricchio, 176 Conn. 445, 450, 408 A.2d 239 (1979).
At times the evidence offered may be relevant, but its relevance may be so slight and inconsequential that to admit it would distract attention which should be concentrated on other evidence which bears directly on the vital issues of the case. State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83; State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473. According to the colloquy which was referred to in the defendant's brief, it appears that the defendant was eliciting this testimony from a lay witness with the idea of proving the defendant's state of mind.
See Ordover, "Admissibility of Patterns of Similar Sexual Conduct: The Unlamented Death of Character for Chastity," 63 Cornell L. Rev. 90, 93-96 (1977). Further, evidence which is inconsequential tending to distract attention from the real issue should be excluded; State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83 (1969); State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473 (1964); as should evidence which would be of greater prejudicial effect than probative value. See State v. Moynahan, 164 Conn. 560, 597, 325 A.2d 199 (1973), cert. denied, 414 U.S. 976, 94 S.Ct. 291, 38 L.Ed.2d 219. Under this reasoning, testimony focusing on the complainant's prior sexual relationship was, on the issue of consent, properly excluded.
Such smoke-screen defense tactic would have materially beclouded the issue in the case and for that reason was properly excluded from the evidence. See State v. Bassett, 1964, 151 Conn. 547, 200 A.2d 473, where the alleged selective enforcement of the Sunday closing laws was ruled of such slight and inconsequential relevance to the issue of guilt or innocence of the crime of blackmail as to justify its exclusion to prevent jury distraction from the main issue. 3
State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83. Evidence which is inconsequential and tends to distract attention from the real issue should be excluded. State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473. Since the Carbones were not charged with any crimes after February 20, the truck rental evidence was not related to a matter in issue.
We are not unmindful of the broad discretion which a trial court has in ruling on the relevancy of evidence and the exclusion of questions which would introduce issues collateral or foreign to the case or which would tend to distract attention which should be concentrated on vital issues of the case. State v. Mahmood, 158 Conn. 536, 540, 265 A.2d 83; State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473. We must conclude, however, that in this instance the discretion of the trial court was improperly exercised when it excluded the defendant's offer of proof by an expert witness concerning the defendant's mental deficiencies and subnormal intelligence as they would affect the weight and credibility which the jury should accord to his confession, which was the most significant and damaging evidence against him.
Robinson v. Faulkner, 163 Conn. 365, 371, 306 A.2d 857. Such determination requires the exercise of the court's discretion. State v. Blyden, 165 Conn. 522, 531, 338 A.2d 484; State v. Bassett, 151 Conn. 547, 551, 200 A.2d 473. Those recommendations, appearing at p. 237 of the plaintiff's book, are: "On the back of nearly all automobile registration certificates is a place where you are to sign if you sell the car or turn it in on a new one. Sign it — now. If anything happens to you, your spouse or other family member can take it down to the Motor Vehicle Department and freely transfer it to another name without having to forge any signature or apply to the probate court for `letters testamentary.' Some states now require possession of a title form in connection with ownership of a motor vehicle, which form must be signed and surrendered to the Motor Vehicle Department when the vehicle is being transferred to someone else. If your state is one requiring a title form, make certain that you sign it now as well as the car registration certificate."