State of Maine v. Kristina I. Lowe

2015 ME 124, 124 A.3d 156, 2015 Me. LEXIS 134
CourtSupreme Judicial Court of Maine
DecidedSeptember 3, 2015
DocketDocket Oxf-14-439
StatusPublished
Cited by21 cases

This text of 2015 ME 124 (State of Maine v. Kristina I. Lowe) 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
State of Maine v. Kristina I. Lowe, 2015 ME 124, 124 A.3d 156, 2015 Me. LEXIS 134 (Me. 2015).

Opinion

HJELM, J.

[¶ 1] Kristina I. Lowe appeals from a judgment of conviction for two counts of manslaughter (Class A), 17-A M.R.S. § 203(1)(A) (2014), and aggravated leaving the scene of a motor vehicle accident (Class C), 29-A M.R.S. § 2252(5) (2014), entered by the trial court (Oxford County, Clifford, J.) after a jury trial. Lowe contends that the court erred in the following ways, among others: denying her motion for a change of venue due to pre-trial publicity; denying her motion for a mistrial after her father, Earl Lowe, testified about statements that she made in the hospital following the accident; and allowing expert testimony regarding the presence of THC metabolites in a sample of her blood. Lowe also contends that the evidence was insufficient to support her convictions. 1 Because we find no judicial error and conclude that the evidence presented to the jury was sufficient to support Lowe’s convictions, we affirm the judgment.

I. BACKGROUND

A. The Events of January 6-7,2012

[¶2] “Viewing the facts in the light most favorable to the State, the jury could have found the following facts beyond a reasonable doubt.” State v. Brockelbank, 2011 ME 118, ¶ 2, 33 A.3d 925. Shortly after midnight on January 7, 2012, Lowe was driving a car with three passengers on Route 219 in West Paris when the car went off the road and crashed, killing two of the passengers: sixteen-year-old Rebecca Mason and nineteen-year-old Logan Dam. Lowe, who was eighteen years old at the time, and the other passenger in the vehicle, twenty-two-year-old Jacob Skaff, survived the crash but suffered serious injuries.

[¶ 3] At the time of the crash, the group was, returning to a party at a residence, in West Paris. Attendees of the party observed that earlier in. the night, Lowe appeared drunk and was drinking from a bottle of Jagermeister liquor. Lowe told one of the EMTs who treated her that she had consumed two shots of *160 liquor at the party, and Lowe told a state trooper after the accident that she had consumed five shots of liquor. Lowe also repeatedly stated after the accident that she was not the driver because she had been drinking. During the party, Lowe drove a borrowed car in circles in the driveway of the residence, eventually hitting a tree stump, after which she'came back into the residence laughing, prompting one of the residents to take away her keys. In addition, a witness saw Lowe “smoking a joint with another guy” in’a car.

[¶4] Not long before midnight, Lowe left the party with Dam and Skaff to pick up Mason. After picking her up, they stopped at a convenience store to get gas and purchase alcohol, and they then proceeded on Route 219 toward the party with Lowe driving. The portion of Route 219 where the crash occurred was straight and the speed limit was fifty miles per hour, but expert testimony at trial established that Lowe’s vehicle was traveling at as much as seventy-five miles per hour. A forensic meteorologist testified that, given the weather conditions that night, there could have been black ice on the road, and one’ EMT who responded to the accident stated that the road was “a little slippery.” However, a state trooper who responded to the accident observed that, although there “was moisture on the roadway from a recent storm,” the road had recently been treated with salt and sand and the travel portion of the roadway was clear. Other police officers and first responders did not notice any dangerous road conditions on Route .219 that night.

[¶ 5] At 12:11 a.m., a text message came into Lowe’s cell phone. According to Lowe, she looked down at the phone to see whom the text message was from, Dam grabbed the wheel from the backseat, and Lowe then lost control of the car. The car flew through the air, hitting several trees before landing. Lowe and Skaff suffered serious injuries, including broken backs, but were able to climb out of the vehicle. Dam and Mason were killed by blunt force trauma, and Skaff later testified that he believed they were dead when he and Lowe left the vehicle. Neither he nor Lowe could find their phones, and Lowe lost a shoe.

[¶ 6] Without stopping at any houses closer to the scene of the crash, Lowe and Skaff walked roughly a mile back to the site of the party to report what had happened. When they arrived, they were covered in blood and appeared shaken and badly injured, and Lowe stated that she was “pretty sure people are dead.” Lowe was helped into a.bedroom and onto a bed, and someone at the party called 911, even though Lowe stated, “I am not going to jail” and that she did not want anyone to call the police. Skaff “took off running” after the police were called, and Lowe unsuccessfully tried to get someone to take her away before the police arrived.

[¶ 7] Emergency medical personnel arrived at the residence, and Lowe was taken to Stephens Memoi-ial Hospital in Norway. She was then transferred for further treatment to Maine Medical Center, where she was interviewed by Maine State Police Detective Lauren Edstrom. In that interview, Lowe initially denied that she had been driving, stating that Skaff was the driver and that she would not have been driving because she had been drinking. Later in the interview, she admitted that she had been driving and stated that Dam had reached from the backseat and grabbed the wheel. She also asked repeatedly about the condition of Dam and Mason, and was eventually told that they *161 had not survived. 2

B. Pre-trial Procedure

[¶ 8] In June 2012, Lowe was charged by indictment with two counts of manslaughter (Class A), 17-A M.R.S. § 203(1)(A); two counts of aggravated operating under the influence (Class B), 29-A M.R.S. § 2411(1-A)(D)(1-A) (2014); and one count of aggravated leaving the scene of a motor vehicle accident (Class C), 29-A M.R.S. § 2252(5). 3 At arraignment, she pleaded not guilty.

[¶ 9] Before trial, Lowe filed four motions in limine, one of which requested the exclusion of evidence “pertaining to Defendant’s impairment, operation under the influence, [and] use of alcohol or drugs.” Lowe also filed a motion for change of venue because of pretrial publicity. After a hearing, the court denied all of the motions in limine and denied the motion for a change in venue without prejudice.

C. The Trial

[¶ 10] A jury trial was held over six days in May 2014. In addition to eliciting the facts described above, the State presented the following testimony that bears on the issues raised in this appeal. State Trooper Adam Fillebrown testified that he searched the house where the party was held and found, among other things, a jacket with marijuana in the pocket, which one of the witnesses from the party later identified as the jacket that Lowe had been wearing. Fillebrown also searched the vehicle and found unopened cans of Four Loko, which is an alcoholic energy drink, an unopened bottle of Jagermeister liquor, and a marijuana pipe. A State Police detective also found Lowe’s phone, which had been ejected from the vehicle in the crash.

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Cite This Page — Counsel Stack

Bluebook (online)
2015 ME 124, 124 A.3d 156, 2015 Me. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maine-v-kristina-i-lowe-me-2015.