State v. Donovan

2004 ME 81, 853 A.2d 772, 2004 Me. LEXIS 88
CourtSupreme Judicial Court of Maine
DecidedJune 29, 2004
StatusPublished
Cited by6 cases

This text of 2004 ME 81 (State v. Donovan) 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. Donovan, 2004 ME 81, 853 A.2d 772, 2004 Me. LEXIS 88 (Me. 2004).

Opinions

DANA, J.

[¶ 1] Pursuant to 15 M.R.S.A. § 2138(6) (2003) and M.RApp. P. 19(a), we authorized Daniel Donovan’s appeal from an order issued by the Superior Court (Kenne-bec County, Atwood, J.) denying his post-conviction motion for DNA analysis and granting the State’s motion to dismiss.

[¶ 2] Donovan contends that the Superi- or Court erred in concluding that his identity as the perpetrator of the crime was not at issue during trial. 15 M.R.S.A. § 2138(4)(E) (2003). The State contends that the Superior Court erred in concluding that “[t]he evidence sought to be analyzed [was] material to the issue of [Donovan]’s identity as the perpetrator of ... the crime .Id. § 2138(4)(A). We conclude that Donovan met the requirements set forth in both sections and therefore vacate the court’s judgment.

I. BACKGROUND

[¶ 3] On the night of June 21, 1994, Donovan, his girlfriend Robyn Reed, and two others met at Donovan and Reed’s home to celebrate Reed’s recent divorce. After a series of disturbances and police involvement at the home, in the early morning hours of June 22, 1994, the police arrested Donovan. Reed told the police that Donovan had raped her.1

[¶ 4] Donovan was arrested and the sweatpants he was wearing were taken for evidentiary purposes. Reed was taken to the hospital where her underwear and the blanket she was wrapped in were taken to preserve any evidence on them. During [774]*774this initial visit to the hospital, Reed did not consent to a physical examination, but on her return to the hospital hours later, she was examined and evidence from the examination was preserved. A used condom found in the kitchen trash on the evening of June 22 was also taken as evidence.

[¶ 5] Donovan argued at trial that he did not have sexual intercourse with Reed on the morning of June 22, 1994. Allison Gingrass, a forensic chemist at the Maine State Police Crime Laboratory, having analyzed several items of physical evidence, testified about possible identification of the individual who deposited semen found on Reed’s external genitalia during her second hospital visit and in the condom found in Donovan’s kitchen trash can.

[¶ 6] Gingrass concluded that at least some part of the mix of blood and semen on a swab containing fluid taken from Reed’s external genitalia belonged to an individual in Reed’s blood group. She testified that, in a mixture of fluids, a more prevalent fluid can mask other fluids making it difficult to determine if a different blood group is also present. Donovan is of a different blood group from Reed and no evidence of his blood group was identifiable on the swab.

[¶ 7] Gingrass also testified that the semen in the condom found by the police in Donovan’s kitchen trash can came from someone in Donovan’s blood group, and that a pubic hair found in the condom was similar to a sample taken from Donovan and dissimilar to a sample taken from Reed. She testified that it could not be determined when the condom was used.

[¶ 8] The State, in its closing, referred to the chemical analysis, reiterating that Donovan’s blood group was consistent with that of the semen in the condom, and also argued that Donovan attempted to conceal the condom in the trash.

[¶ 9] A jury found Donovan guilty of gross sexual assault (Class A)2 and three other crimes. Donovan appealed from the decisión and requested leave to appeal his sentence. We affirmed Donovan’s convictions, and denied him leave to appeal his sentence. The Superior Court granted Donovan’s motion to preserve the evidence. In 1999, the Superior Court also conducted a post-conviction review hearing on Donovan’s claim of ineffective assistance of counsel and found against him.3

[¶ 10] ■ In 2002, Donovan filed a post-conviction motion for DNA analysis. He sought to have several pieces of evidence analyzed.4 In his motion, in addition to again denying that he had sexual intercourse with Reed on the morning of June 22, 1994, Donovan contended that Reed had consensual sexual intercourse with another individual between her first and second visits to the hospital on June 22, and that that individual was responsible for the semen on the swab.

[¶ 11] In denying his motion and in granting the State’s motion to dismiss, the Superior Court concluded that, contrary to the State’s contention, Donovan had presented prima facie proof that the evidence he sought to analyze was, pursuant to section 2138(4)(A), material to his identity as the perpetrator of the gross sexual assault. The court further concluded, however, that [775]*775Donovan failed to present prima facie proof that, pursuant to section 2138(4)(E), identity was at issue during the trial. This appeal followed.

II. DISCUSSION

[¶ 12] For the first time, we interpret the meaning of Maine’s post-conviction DNA analysis statute. 15 M.R.S.A. §§ 2136-2138 (2003). We review the Superior Court’s interpretation of the statute de novo. State v. Shepley, 2003 ME 70, ¶ 9, 822 A.2d 1147, 1150. “In interpreting a statute, [w]e look first to the plain meaning of the statutory language as a means of effecting the legislative intent. Unless the statute itself discloses a contrary intent, words in a statute must be given their plain, common, and ordinary meaning .... ”5 Id. ¶ 12, 822 A.2d at 1151 (internal citations omitted) (alteration in the original).

A.Title 15 M.R.S.A. § 2138(4)(A): The Evidence Sought to Be Analyzed Is Material to the Issue of Identity

[¶ 13] Maine’s post-conviction DNA analysis statute requires a court to order DNA analysis if the individual seeking analysis presents prima facie evidence that:

A. The evidence sought to be analyzed is material to the issue of the person’s identity as the perpetrator of, or accomplice to, the crime that resulted in the conviction;
B. A sample of the evidence is available for DNA analysis;
C. The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced or altered in a material way;
D. The evidence was not previously subjected to DNA analysis or, if previously analyzed, will be subject to DNA analysis technology that was not available when the person was convicted; and
E. The identity of the person as the perpetrator of the crime that resulted in the conviction was at issue during the person’s trial.

15 M.R.S.A. § 2138(4)(A)-(E).

[¶ 14] Athough we agree with the Superior Court that Donovan met the requirement set forth in section 2138(4)(A), we discuss “materiality” so as to eliminate any confusion regarding this statutory provision.

[¶ 15] The State contends that because Donovan was the only person present with Reed at the time of the alleged rape and that because a finding that the semen was not Donovan’s would not “exonerate him of committing the Gross Sexual Assault,” the semen could not be material to the issue of Donovan’s identity as the perpetrator of the crime. We disagree.

[776]

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State v. Donovan
2004 ME 81 (Supreme Judicial Court of Maine, 2004)

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Bluebook (online)
2004 ME 81, 853 A.2d 772, 2004 Me. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-donovan-me-2004.