State v. Atwood

2010 ME 12, 988 A.2d 981, 2010 Me. LEXIS 12, 2010 WL 547326
CourtSupreme Judicial Court of Maine
DecidedFebruary 18, 2010
DocketDocket: Som-09-148
StatusPublished
Cited by13 cases

This text of 2010 ME 12 (State v. Atwood) 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 v. Atwood, 2010 ME 12, 988 A.2d 981, 2010 Me. LEXIS 12, 2010 WL 547326 (Me. 2010).

Opinion

ALEXANDER, J.

[¶ 1] Shannon R. Atwood appeals from a judgment of conviction of murder, 17-A M.R.S. § 201(1)(A) (2009), entered in the Superior Court (Somerset County, Dela-hanty, J.) after a jury-waived trial before the court (Mills, /.). Atwood argues that: (1) the court erred by denying his motion for a new trial because the presiding justice did not recuse before finding Atwood guilty; and (2) the court abused its discretion by considering inadmissible hearsay evidence at the trial. We affirm Atwood’s conviction.

I. BACKGROUND

[¶ 2] Viewing the facts in the light most favorable to the State, the court could have rationally found the following facts beyond a reasonable doubt. See State v. Bruzzese, 2009 ME 61, ¶2, 974 A.2d 311, 312. Atwood and Cheryl Murdoch were involved in a romantic relationship during the summer of 2006. Murdoch had moved into Atwood’s residence because she was experiencing financial difficulties. A month before she moved in with Atwood, Murdoch sent her daughter to live temporarily with her mother, the child’s grandmother, in Arizona.

[¶ 3] Murdoch spoke with her mother on the telephone regularly throughout July of 2006. During these conversations, Murdoch advised her mother that she planned to drive to Arizona with Atwood, in Atwood’s tractor-trailer truck, to retrieve her daughter and bring her back to Maine. In addition to telling her mother about her plans to travel to Arizona in July, Murdoch told at least five other people of a similar intention, including her sister, her former boyfriend, and three other acquaintances.

[¶4] The morning of July 27, 2006, Murdoch, in a telephone conversation, told her mother that she and Atwood were departing for Arizona at noon of that day, and that Atwood was to stop at a nuclear facility and make a delivery, as part of his employment, during the trip. That telephone conversation was the last time Murdoch was known to be alive.

[¶ 5] After Murdoch failed to arrive in Arizona as scheduled, her mother attempted to reach her by calling her cell phone, *983 but received no answer. Becoming worried, Murdoch’s mother called several trucking companies to discern where Atwood worked, and she called facilities where she thought Atwood may have made a delivery. At that time, Atwood did not work for a trucking company nor did he own, or have access to, a tractor-trailer truck.

[¶ 6] On July 26, 2006, the day before Murdoch’s disappearance, one of Atwood’s friends received a telephone message from Atwood stating that he wanted to speak with her. The phone number Atwood left for his friend to call was Murdoch’s cell phone number. When the friend returned the call, Atwood told her that he had received this new phone for free. The phone was ultimately found by the police broken and in pieces in Atwood’s trash, despite his assertions that he had never found Murdoch’s phone.

[¶ 7] On July 27, 2006, the same friend spoke again with Atwood on the telephone. Atwood told the friend that he was calling from his campsite in the woods and gave the Mend directions to his location. Believing she could get lost in an attempt to find the campsite, the friend wrote down the directions given to her by Atwood.

[¶ 8] As a result of Murdoch’s disappearance, two police officers interviewed Atwood at his residence in August 2006. During one such visit, the officers observed Murdoch’s car parked on the property with no license plates attached. Soon thereafter, the officers found Murdoch’s license plates under a workbench in Atwood’s barn. Atwood maintained that he had ordered Murdoch to leave his home because of her drug use, and that she would be returning for her vehicle later.

[¶ 9] The police then used the directions given to Atwood’s friend to locate the campsite described by Atwood. Atwood was confirmed to have visited the campsite after cigarette butts found near the remnants of a fire pit were analyzed and determined to contain DNA evidence consistent with Atwood’s DNA. Using cadaver dogs to search the area, the police located Murdoch’s body approximately one-half mile from the campsite. A short length of rope was found near the body. After being analyzed by the Maine State Crime Laboratory, the rope was determined to be chemically and structurally identical to pieces of rope later found in Atwood’s barn.

[¶ 10] On August 13, 2006, in an attempt to execute a search warrant at Atwood’s residence, police found Atwood’s front door barricaded by a paddle. After Atwood gave no response to the officers’ knock and announcement, the officers entered the building. Inside, Atwood was locked in his bedroom and told the officers that if he came out of the room, he would be armed. In addition, Atwood referenced leaking gas and threatened to light a cigarette. Eventually, the police secured the area and Atwood was taken into custody.

[¶ 11] Atwood was indicted by the Somerset County Grand Jury for murder, 17-A M.R.S. § 201(1)(A). During the five-day, jury-waived trial, Atwood objected to the testimony given by Murdoch’s mother, sister, and friends regarding Murdoch’s stated intention to travel to Arizona with Atwood on July 27, 2006. Atwood argued that the statements were inadmissible hearsay and irrelevant. The State responded that the statements fit within the hearsay exception for then-existing state of mind pursuant to M.R. Evid. 803(3), and that they were relevant to show that Atwood had both an opportunity and a motive to commit the murder.

[¶ 12] After considering the State’s offer of proof, the court permitted the introduction of the disputed testimony, but limited it to those statements made by Murdoch during the week before she had stated that she was to leave for Arizona. *984 The court determined that the testimony-offered was both highly reliable and relevant.

[¶ 13] On July 2, 2008, after the close of the evidence, but prior to rendering the verdict, the court held an in-chambers conference with counsel. The presiding justice disclosed that over the previous weekend, she had noticed a photo of her former hairdresser in a newspaper article related to the trial. The justice stated that she stopped reading the newspaper article as soon as she recognized her former hairdresser, and that she had not spoken with that acquaintance for at least two years. Atwood’s attorneys made no objection and responded that they “were confident” in the justice’s ability to preside and render a fair verdict.

[¶ 14] Later that day, the court found Atwood guilty of murder. Because the State’s case was largely based upon circumstantial evidence, the court considered explanations for the evidence consistent with Atwood’s innocence, in addition to evidence presented by the defense of other potential suspects. Ultimately, the court concluded, beyond a reasonable doubt, that Atwood was the person who had deposited Murdoch’s body in the woods, and was the person who, by using extreme force, caused her fatal injuries. After announcing its guilty verdict, the court continued the case for sentencing.

[¶ 15] A month later, on August 8, 2008, Atwood moved for a new trial pursuant to M.R.Crim. P. 33. 1

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Cite This Page — Counsel Stack

Bluebook (online)
2010 ME 12, 988 A.2d 981, 2010 Me. LEXIS 12, 2010 WL 547326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-atwood-me-2010.