State v. Ayotte

776 A.2d 715, 146 N.H. 544, 2001 N.H. LEXIS 107
CourtSupreme Court of New Hampshire
DecidedJune 22, 2001
DocketNo. 99-492
StatusPublished
Cited by9 cases

This text of 776 A.2d 715 (State v. Ayotte) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ayotte, 776 A.2d 715, 146 N.H. 544, 2001 N.H. LEXIS 107 (N.H. 2001).

Opinion

NADEAU, J.

The defendant, Andrea Ayotte, appeals her conviction following a jury trial in the Superior Court {Smith, J.) on two counts of arson. See RSA 634:1, 11(a) (1996) (amended 1998). She argues that the trial court erred by admitting evidence of an earlier fire that she had reported to the authorities and by failing to grant a mistrial after this evidence was presented to the jury. The defendant also argues that the two indictments are unsupported by the plain meaning of the arson statute. We reverse and remand.

The following facts are uncontested. The defendant concedes that in the early morning hours of January 7, 1999, she started a fire that caused significant damage to a single structure in downtown Berlin, wherein both an IGA Foodliner and a State of New Hampshire Liquor Store operated (IGA Foodliner building). The entire structure is owned by Theresa Rousseau and is leased to these businesses.

Late on the previous evening, the defendant had reported another fire (prior fire) at a business near the IGA Foodliner building. Upon arrival at the scene, the authorities found the defendant, who directed them to a concealed area in the basement of the structure where the prior fire was burning. The defendant answered a few questions from the authorities. She indicated her dog had noticed the fire while they were walking together. The prior fire was extinguished without incident.

Before trial, the defendant filed a motion in limine to exclude testimony regarding the prior fire, arguing that New Hampshire Rule of Evidence 404(b) excludes “all evidence of uncharged misconduct or other crimes alleged to have been committed by a defendant if the purpose of the evidence is to prove the character of a person in order to show that the person acted in conformity therewith.” At a hearing on the motion, the State argued that the prior fire was admissible because it related to the defendant’s presence and opportunity. Responding, the defendant gave up her initial argument that the entire episode regarding the prior fire should be excluded, but continued to assert that reference to the fire itself would be prejudicial to her case. The trial court denied the defendant’s motion.

At trial, the prosecution’s opening statement mentioned that the defendant called in the prior fire and that she “showed the firemen where the fire was, because initially they couldn’t find it.” The [546]*546prosecutor told the jury that “almost an hour to the minute from the time that the first alarm was sounded, or she called the first time, there was a second fire called in.” The State also called witnesses to testify regarding the prior fire. During her opening statement, the defendant conceded that she started the fire to stay warm and claimed it later went out of control by accident.

During the State’s case, the prosecutor asked Dana Hinkley, a captain with the Berlin Fire Department, if he had spoken to the defendant regarding the investigation of the prior fire. The captain began to explain how the prior fire started. At that point, the defendant objected, arguing that the prior fire was not relevant and that the captain’s testimony intimated that the prior fire was started in a manner similar to the fire for which the defendant was being charged.

Apparently, the trial court agreed, and offered the following curative instruction:

Ladies and gentlemen, what this witness has been testifying about for the last five minutes or so is for informational purposes only. This defendant is not charged with any crime revolving around the fire that this witness is now describing. So, for the purposes of this trial, you are to ignore that as it relates to this defendant.

Nevertheless, the prosecutor continued to inquire about the events surrounding the prior fire, and Hinkley later testified, “Because we knew we had a suspicious fire at this one, we wet that building down pretty heavy so the person who lit it couldn’t come back and light it again.” Again the defendant objected, this time asking for a declaration of mistrial. The trial court chastised the prosecutor, attributing the reason for the prejudicial answers to “poor preparation.” Nevertheless, the court denied the motion for mistrial, but offered a curative instruction. Finally, during the charge, the trial court gave the following admonishment:

There has been testimony, ladies and gentlemen, about another fire earlier in the evening. You are instructed to ignore that testimony as it relates to this defendant. The fact that there was another fire should be given no weight at all in your deliberations to determine the defendant’s guilt or innocence.

The defendant was convicted, and this appeal followed.

The defendant argues that she is entitled to a mistrial because admission of the evidence of the prior fire was irrelevant and unduly [547]*547prejudicial in violation of New Hampshire Rule of Evidence 404(b). Rule 404(b) provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

“[E]vidence of other bad acts is inadmissible unless it is relevant for a purpose other than to prove the defendant’s character or disposition, there is clear proof the defendant committed the other acts, and the prejudice to the defendant does not substantially outweigh the probative value of the evidence.” State v. Dukette, 145 N.H. 226, 231 (2000) (quotation omitted).

[T]he State, in offering evidence of other wrongs under Rule 404(b), must state the specific purpose for which the evidence is offered and must articulate the precise chain of reasoning by which the offered evidence will tend to prove or disprove an issue actually in dispute, without relying upon forbidden inferences of predisposition, character, or propensity.

State v. McGlew, 139 N.H. 505, 509-10 (1995).

The State contends that evidence of the prior fire was relevant to establish opportunity because the defendant reported the prior fire from a location and at a time proximate to the charged fire. Evidence is relevant when it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” N.H. R. Ev. 401. At the motion hearing, before the defendant conceded she had started the charged fire, the defendant’s opportunity to set the charged fire was relevant. Nevertheless, once the defendant conceded at trial that she started the fire, her presence at the prior fire scene was no longer relevant to establish opportunity. Thus, when the defendant objected during Captain Hinkley’s testimony, arguing that the prior fire had no relation to the case, evidence of that fire was no longer relevant, and was prejudicial to the defendant’s case. Despite the trial court’s admonishments, the prosecutor continued to ask about the defendant’s presence at the prior fire and, during the closing argument, the prosecutor highlighted the defendant’s involvement with the prior fire.

[548]*548“Introduction of such evidence, however, does not automatically require a mistrial.” State v. Kerwin, 144 N.H.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Hampshire v. Daniel Turcotte
Supreme Court of New Hampshire, 2020
State v. Abraham DePaula
166 A.3d 1085 (Supreme Court of New Hampshire, 2017)
State v. Max Wilson
159 A.3d 859 (Supreme Court of New Hampshire, 2017)
State of New Hampshire v. Adam Wells
89 A.3d 156 (Supreme Court of New Hampshire, 2014)
State v. Willey
44 A.3d 431 (Supreme Court of New Hampshire, 2012)
Jackson v. State
197 S.W.3d 468 (Supreme Court of Arkansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
776 A.2d 715, 146 N.H. 544, 2001 N.H. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ayotte-nh-2001.