Cookson v. State

2011 ME 53, 17 A.3d 1208, 2011 Me. LEXIS 53, 2011 WL 1652131
CourtSupreme Judicial Court of Maine
DecidedMay 3, 2011
DocketDocket: Pen-10-147.c
StatusPublished
Cited by13 cases

This text of 2011 ME 53 (Cookson v. State) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cookson v. State, 2011 ME 53, 17 A.3d 1208, 2011 Me. LEXIS 53, 2011 WL 1652131 (Me. 2011).

Opinions

GORMAN, J.

[¶ 1] In this post-conviction matter, Jeffrey A. Cookson challenges the decision of the Superior Court (Penobscot County, Cole, J.) denying his petition for DNA testing of items belonging to an alternative suspect in connection with Cookson’s 2002 conviction of two counts of intentional or knowing murder, 17-A M.R.S.A. § 201(1)(A) (1983).1 We vacate the decision and remand for further proceedings.

I. BACKGROUND

[¶ 2] On October 15, 2002, the court entered a judgment on a jury verdict finding Cookson guilty of two counts of knowing or intentional murder, 17-A M.R.S.A. § 201(1)(A), for causing the deaths of his ex-girlfriend, Mindy Gould, and the twen[1210]*1210ty-one-month-old son of Gould’s best friend.2 State v. Cookson (Cookson I), 2003 ME 136, ¶¶ 1-2, 837 A.2d 101, 104. The court sentenced Cookson to two consecutive life sentences. Id. ¶ 14, 837 A.2d at 106.

[¶ 3] During the trial, witness David Vantol confessed privately to Cookson’s attorney and private investigator that he had committed both murders.3 Immediately after the jury returned a verdict against Cookson, Cookson’s attorney disclosed the confession to the court and to the prosecutor. Later that same day, Vantol led police to a spot in the woods where he unearthed a gun that the State’s testing revealed was, in fact, the murder weapon.4

[¶ 4] Vantol also offered to provide police with clothing he claimed to have been wearing at the time he committed the mur-. ders, and which he indicated had been buried since the murders. Although Van-tol had taken investigators to the spot where the gun was hidden, he refused to take them to where the clothing was kept. Instead, two days after leading police to the murder weapon, Vantol gave the investigators a trash bag containing several clothing items, including a pair of sneakers, a jean jacket, a plaid shirt, a black wig, and an orange hat. The clothing was moldy, damp, and soiled, and appeared to have been buried for “quite some time.”

[¶ 5] During the next week, Vantol continued to confess to the murders, but because the police did not believe Vantol’s confessions, they asked him to submit to a polygraph test. Some time after the police told Vantol that he had “failed” the polygraph, Vantol called one of the lead detectives, distraught that police did not appear to believe his confessions, and expressed that he was going to hurt himself or others to be taken seriously. As a result, Vantol was admitted to Acadia Hospital. Six days after entering the hospital, Vantol recanted his confessions, and told investigators that he obtained the clothing he had provided to them from a junk car and that the items were unrelated to the murders. The clothing remains in the State’s possession.

[¶ 6] In December of 2004, and again in January of 2008, Cookson filed motions seeking DNA testing on the articles of clothing and other evidence provided to the investigators by Vantol pursuant to 15 M.R.S. §§ 2137, 2138 (2010).5 Following a [1211]*1211testimonial hearing, the court denied Cookson’s request for DNA testing as to the bulk of Cookson’s request, including the items of clothing provided by Vantol. We granted Cookson a certifícate of probable cause to pursue this appeal pursuant to 15 M.R.S. § 2138(6) and M.R.App. P. 19.

II. DISCUSSION

[¶ 7] Cookson challenges the court’s interpretation of 15 M.R.S. § 2138, which dictates the process by which a defendant may seek DNA analysis of evidence by post-conviction motion. See James v. State, 2008 ME 122, ¶ 11, 953 A.2d 1152, 1155. Section 2138 requires the court to order DNA analysis if the moving party presents prima facie evidence of five criteria:

A. A sample of the evidence is available for DNA analysis;
B. The evidence to be tested has been subject to a chain of custody sufficient to establish that the evidence has not been substituted, tampered with, replaced or altered in a material way;
C. The evidence was not previously subjected to DNA analysis or, if previously analyzed, will be subject to DNA analysis technology that was not available when the person was convicted;
D. The identity of the person as the perpetrator of the crime that resulted in the conviction was at issue during the person’s trial; and
E. The evidence sought to be analyzed, or the additional information that the new technology is capable of providing regarding evidence sought to be reanalyzed, is material to the issue of whether the person is the perpetrator of, or accomplice to, the crime that resulted in the conviction.

15 M.R.S. § 2138(4-A).

[¶ 8] “Prima facie” in this context regards the preliminary burden of production of evidence; it requires proof only of “enough evidence to allow the fact-[1212]*1212trier to infer the fact at issue and rule in the party’s favor.”6 Anderson v. State, 831 A.2d 858, 865-66 (Del.2003) (quotation marks omitted); accord Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 254 n. 7, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Prima facie evidence requires only “some evidence” on every element of proof necessary to obtain the desired remedy. Weldon v. Hawkins, 183 Ill.App.3d 525, 131 Ill.Dec. 876, 539 N.E.2d 229, 231 (1989). Thus, prima facie proof is a “low standard” that does not depend on the reliability or credibility of the evidence, all of which may be considered at some later time in the process. Id.; Zapata-Matos v. Reckitt & Colman, Inc., 277 F.3d 40, 44 (1st Cir.2002).

[¶ 9] In evaluating whether a moving party has satisfied all five criteria on a prima facie basis, section 2138 expressly requires that “[t]he court shall state its findings of fact on the record or shall make written findings of fact supporting its decision to grant or deny a motion to order DNA analysis.” 15 M.R.S. § 2138(5). When findings are required by statute, they “must be stated with sufficient specificity to permit understanding and meaningful appellate review.” Schwartz v. Unemployment Ins. Comm’n, 2006 ME 41, ¶ 10, 895 A.2d 965, 970. In denying Cookson’s motion as to Vantol’s clothing, however, the court gave only a legal analysis of the statute and its ultimate conclusion that Cookson failed to meet the chain of custody requirement of section 2138(4-A)(B); the judgment contains no findings of fact as to chain of custody, or findings or conclusions as to any of the other criteria of section 2138(4-A). We must therefore vacate the court’s judgment and remand the matter to the Superior Court for it to issue the findings required by section 2138(5) as to all five criteria on Cookson’s post-conviction DNA motion.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 ME 53, 17 A.3d 1208, 2011 Me. LEXIS 53, 2011 WL 1652131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cookson-v-state-me-2011.