Morrill v. State of Maine

CourtSuperior Court of Maine
DecidedJuly 10, 2014
DocketCUMcr-12-7317
StatusUnpublished

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

Bluebook
Morrill v. State of Maine, (Me. Super. Ct. 2014).

Opinion

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STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss. UCD DOCKET NO. CR-12-7317

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STEVEN MORRILL 1:._ ,- c::: .' _.

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v. ORDER ON POST-CONVICTION REVIEW_ c:. :J STATE OF MAINE J)

PROCEDURAL BACKGROUND

Steven Morrill ("Morrill") was charged on February 2, 2011 in a three-count

complaint in Docket No. CUMCD-CR-11-1069 with Attempted Kidnapping (Class B),

Criminal Restraint (Class C) and Assault (Class C). On April 7, 2011, he was charged in

a three-count indictment with the same three counts that appeared in the complaint.

These charges stemmed from incidents between January 16 and February 16, 2011 in

Westbrook while a child was waiting for the school bus. The interactions were witnessed

by the child's mother and a neighbor, Elaina Young. Morrill acknowledged his

interaction with the child but denied any wrongdoing. Eventually on October 24, 2011,

in CUMCD-CR-11-1069 Morrill pled nolo contendere to count two of the indictment of

Class C Criminal Restraint, and in CUMCD-CR-11-6871 he pled nolo to a new

information charging Class C Terrorizing involving threats made against the victim and

two witnesses in CUMCD-CR-11-11069.

The court (Moskowitz, J.) sentenced him in CUMCD-CR-11-1069 to a five-year

period of incarceration with the Department of Corrections with all but eight months suspended and a two-year probationary term. In CUMCD-CR-11-6871, the court

sentenced him to a five-year period of incarceration all fully suspended and a two-year

probationary term, to be served concurrently with CUMCD-CR-11-1069. The state

dismissed the remainder of the indictment in CUMCD-CR-11-1069 as part ofthe plea

agreement. After being credited for time served, Morrill was released the same day as

the plea. Morrill did not appeal his convictions or the sentences. Morrill filed a petition

for post-conviction review on October 16, 2012.

GROUNDS ALLEGED

The petitioner filed the motion now before the court alleging ineffective

assistance of plea counsel on several grounds. Morrill states he had an agreement to

plead nolo to terrorizing only and the other 3 charges were to be dismissed, but that

Criminal Restraint was added at the last minute as part of his plea. Morrill also thought

that this charge was initially charged as an attempted crime and somehow the attempted

language was dropped. This claim has no merit because the only attempt charge was

Attempted Kidnapping and that charge was dismissed as part of the plea agreement.

Morrill also alleged that the key witness in CUMCD-CR-11-1069, Elaina Young,

recanted her statement to the police. This claim also has no merit as Young did not

change her testimony and was ready, willing and able to testify. (Tr. 14-15.)

Morrill also claims his plea counsel did not discuss the existing charges with him

before the plea. This will be discussed below.

Morrill amended his petition to add that his plea was not voluntary because (1) he

suffers from mental illness, including a serious anxiety disorder, (2) at the time of his

plea he had been incarcerated for 243 days while awaiting a trial, and (3) he was

2 pressured by his plea counsel to enter a plea that he did not want to make. He also points

out that he was medicated while being held at the jail. This claim will be discussed

below.

At the hearing on his petition on November 4, 2013, Petitioner presented the

transcript of the plea proceedings, the testimony of a friend Robert Ledoux, and his own

testimony. The State presented the testimony of plea counsel.

EVIDENCE AT PCR HEARING

At the PCR hearing, petitioner testified that plea counsel did not discuss the

charges, the alternatives and the consequences. According to Morrill, plea counsel only

discussed the nolo plea to terrorizing, but when he got into court, criminal restraint was

added. When he tried to talk to plea counsel about this charge, plea counsel responded,

"You want to get out of jail, don't you." Petitioner had been in jail 248 days at the time of

the plea and, according to Morrill, he had "about one-half a minute to make up his mind"

about accepting the plea deal. He admits that he learned from his plea counsel

approximately two weeks before his plea that he was being charged with terrorizing and

they discussed what would happen to the other charges if he pled to terrorizing. He

claims did not learn until the day of the plea that the other charges would not be

dismissed.

The case was on the trial list to pick a jury on the day of the plea. For several

days before the day of the plea, Morrill refused to speak with plea counsel. This was part

of a pattern. Counsel was turned away three times. Eventually, petitioner agreed to speak

with plea counsel. Morrill was angry and confrontational. He had a good grasp of the

issues but was very difficult to communicate with. He was not able to focus on what plea

3 counsel was trying to get him to focus on. Plea counsel admits that at some point earlier

in representing Morrill he may have said he would try to get all three of the other charges

dismissed, but the prosecutor would not consider dismissal of the charges in the

indictment. The prosecutor wanted 5 years even before the terrorizing charge arose.

Morrill wanted to talk about the discovery materials and his belief that someone had

altered the discovery. Plea counsel read the discovery that Morrill complained about; it

was material produced pursuant to the Clifford order and it contained nothing that would

benefit Morrill's case. Nothing in the discovery had been altered.

According to plea counsel, Morrill always claimed he was 100% innocent, but

when one assessed the pragmatic aspects of the case, he had already been in jail for eight

months and Morrill wanted out of jail. There was a big down side if Morrill lost at trial.

Morrill was making his decision based on getting out of jail. Plea counsel spoke with

Morrill for about one-halfhour on the day of the plea and did tell Morrill that if he takes

this plea he "would get out of jail today."

During plea negotiations, counsel discussed with the prosecutor the conduct and

the amount of time involved. He also discussed the case with other attorneys about the

minimum sentence because Morrill said he never grabbed the victim. The prosecutor

pointed out the statute required that he "entice" her and Morrill enticed her when he

offered to show the child puppies, bunnies or candy. Plea counsel spoke with Morrill's

friend Robert Ledoux, who testified that plea counsel said Morrill was looking at a lot of

time if he went to trial and was convicted, and that if he wanted to get out "today", he had

to accept this plea. Plea counsel and Morrill discussed a nolo plea because Morrill did

not want to admit to the charge but he wanted to get out of jail.

4 The state never offered to dismiss the three charges in the indictment because this

was a high profile case and Elaina Young, one of the witnesses, received a commendation

for her efforts to protect the child victim in this case. The prosecutor testified that Elaina

Young never recanted or changed her testimony and was available for trial. Before the

terrorizing charge came along, the prosecutor offered 5 years on criminal restraint with

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Related

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