State v. Dansinger

521 A.2d 685, 1987 Me. LEXIS 626
CourtSupreme Judicial Court of Maine
DecidedFebruary 25, 1987
StatusPublished
Cited by42 cases

This text of 521 A.2d 685 (State v. Dansinger) 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. Dansinger, 521 A.2d 685, 1987 Me. LEXIS 626 (Me. 1987).

Opinions

NICHOLS, Justice.

The Defendants, Lawrence Dansinger, Karen Harlan, Marguerite Roosen, David Demere, Peter Millard, Mary Lois Anderson and Francine Falcone, appeal judgments of the Superior Court in Penob-scot County, finding them guilty of criminal trespass, 17-A M.R.S.A. § 402 (1983). The Defendants contend that the Superior Court committed reversible error in (1) suggesting that the State move for an order in limine to exclude certain evidence the Defendants wished to adduce at the jury trial; (2) ruling on the motion in a manner erroneous as a matter of law; (3) instructing the jury in a manner that was erroneous and incomplete; and (4) imposing sentences that were improper because the sentencing justice stated that these sentences were based in part on the fact that the Defendants claimed their constitutional right to a jury trial.

We reject the. Defendants’ assertions of error pertaining both to the motion in li-mine and to the jury instructions and affirm the judgment of conviction by the Superior Court. However, we cannot affirm the sentences imposed. We must vacate the sentences and remand for re-sentencing.

On August 5, 1984, the Defendants were arrested for criminal trespass upon Maine Air National Guard property at the Bangor International Airport in violation of 17-A M.R.S.A. § 402 (1983), a Class E crime.1 [687]*687The Defendants had been taking part in a peace demonstration at the Bangor International Airport to protest the nuclear arms race as members of the “Bangor Peace Initiative.” The Defendants were arraigned the following day in District Court (Bangor) and each pleaded not guilty to the charges. Upon a motion by the State the District Court consolidated the cases of these Defendants for trial.

At the call of the docket on November 8, 1984, the Superior Court suggested to the prosecutor that the State serve and file a motion in limine in order to review certain evidence the court anticipated the Defendants would seek to present at trial. At hearing on the motion in limine, the Defendants expressed their desire to offer evidence at trial they believed would morally and legally justify their actions. Their defense to the criminal trespass was based on (a) the “competing harms” statute, 17-A M.R.S.A. § 103 (1983), and (b) principles of international law. At the hearing on the motion in limine the Superior Court deemed much of the evidence that the Defendants wished to present on the “competing harms” justification to be inadmissible at trial as irrelevant to the issues presented. A later pretrial motion to overrule the order was made by the Defendants and denied by the court.

A jury trial was had on January 23 and 24, 1985. Each of the Defendants was found guilty of criminal trespass and each was fined $250.00.

The major contention of the Defendants concerns the motion in limine. The motion in limine is an effective procedural device that allows a trial court to rule upon the admissibility of potentially prejudicial or disruptive evidence in advance of trial. Its use is expressly authorized by Rule 12(c) of the Maine Rules of Criminal Procedure. See generally Gendron v. Pawtucket Mutual Insurance Company, 409 A.2d 656, 659 (Me.1979). The Defendants raise issues on appeal pertaining to the potential abuses of the motion in limine. However, the fundamental point is that there is no abuse of discretion unless the motion was used to exclude relevant, admissible evidence. Therefore, our inquiry focuses upon the nature of the evidence sought to be adduced.

In this case the motion in limine challenged evidence that the Defendants sought to proffer concerning their defense based upon the “competing harms” statute, 17-A M.R.S.A. § 103(1)2 and upon principles of international law.

The Defendants contend that the “competing harms” justification is available to them because their actions of intentionally committing a criminal trespass were necessary to avoid imminent physical harm to themselves and others. They urge that the aircraft stationed at the Maine Air National Guard base have the capacity to refuel aircraft carrying nuclear arms, that are an integral part of the United States nuclear arms force. This force and the nuclear arms build-up constitute a set of conditions that the Defendants argue presents the imminent physical harm contemplated by the statute.

The Defendants’ argument is misguided for several reasons. First, the plain language of the statute itself, together with the comment of the Criminal Law Revision Commission, make clear that the [688]*688statute is not available to the Defendants. That comment clearly states,

The second sentence of the first subsection is designed to prevent this section from being a basis for justifying acts of civil disobedience.

Second, and most importantly, the “competing harms” justification is inapplicable because the threat cited is not of the imminence required by the statute. The Defendants argue nuclear war is “imminent” because it is possible that it may occur at anytime. However, this is an improper construction of the statutory term. Statutes are to be given their ordinary meaning from a reading of the language that the Legislature used. State v. Vainio, 466 A.2d 471, 474 (Me.1983), cert. denied, 467 U.S. 1204, 104 S.Ct. 2385, 81 L.Ed.2d 344 (1984). The ordinary meaning for “imminent” is, “appearing as if about to happen; likely to happen without delay; impending— ” Webster’s Unabridged Dictionary 2d, 1979, p. 909.

Further, in a case where we were previously called upon to interpret this same statute we declared that it is not enough that the individual subjectively believes that an imminent threat of physical harm exists, but “... it is further requisite that it be shown as a fact that such physical harm is imminently threatened.” State v. Kee, 398 A.2d 384, 386 (Me.1979) (emphasis added). In jurisdictions with a “competing harms” statute similar to our own the courts have overwhelmingly rejected the defense in similar circumstances owing to the inability of defendants seeking to invoke this defense for their nuclear protests to prove the “imminent” nature of the threat. United States v. Best, 476 F.Supp. 34 (D.Colo.1979); State v. Marley, 54 Hawaii 450, 509 P.2d 1095 (1973); Commonwealth v. Hood, 389 Mass. 581, 452 N.E.2d 188 (1983); Commonwealth v. Brugmann, 13 Mass.App.Ct. 373, 433 N.E.2d 457 (1982); State v. Warshow, 138 Vt. 22, 410 A.2d 1000 (1979).

Any conduct, other than the use of physical force under circumstances specifically dealt with in other sections of this chapter, is justifiable when it is authorized by law, including laws defining functions of public servants or the assistance to be rendered public servants in the performance of their duties; laws governing the execution of legal process or of military duty; and the judgments or orders of courts or other public tribunals.

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State v. Dansinger
521 A.2d 685 (Supreme Judicial Court of Maine, 1987)

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Bluebook (online)
521 A.2d 685, 1987 Me. LEXIS 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dansinger-me-1987.