State v. Maynard

2007 ME 79, 926 A.2d 172, 2007 Me. 79, 2007 Me. LEXIS 80
CourtSupreme Judicial Court of Maine
DecidedJuly 5, 2007
StatusPublished

This text of 2007 ME 79 (State v. Maynard) 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. Maynard, 2007 ME 79, 926 A.2d 172, 2007 Me. 79, 2007 Me. LEXIS 80 (Me. 2007).

Opinion

CLIFFORD, J.

[¶ 1] Martin Maynard appeals from judgments of conviction for obstructing criminal prosecution (Class C), 17-A M.R.S. § 754(1)(A)(1) (2006); tampering with a witness, informant, juror or victim (Class B), 17-A M.R.S. § 454(1-B)(B)(1) [173]*173(2006); and criminal mischief (Class D), 17-A M.R.S. § 806(1)(A) (2006); entered in the Superior Court (Aroostook County, Hunter, J.) following a jury trial.1 Maynard contends that (1) the court erred in its instruction to the jury, leading the jury to improperly consider as substantive evidence a written statement that should have been limited to impeachment; and (2) the evidence does not support, and the statute does not allow, his conviction for obstructing criminal prosecution. We disagree and affirm the judgment.

I. BACKGROUND

[¶2] The evidence at Maynard’s trial, viewed in the light most favorable to the State, see State v. Turner, 2001 ME 44, ¶ 6, 766 A.2d 1025, 1027, revealed the following. At approximately 5:30 A.M. on June 7, 2004, Maynard arrived at the Limestone residence of his girlfriend,2 who had driven to Maynard’s home and removed a license plate from his vehicle the previous evening. The girlfriend’s oldest daughter, a teenager, testified that she heard a loud bang and looked out a window of the house, where she could see the top part of Maynard’s body kicking down the door. The girlfriend and Maynard proceeded to argue. During the course of the argument, items in the house were damaged.

[¶ 3] The girlfriend’s younger, eleven-year-old daughter called a neighbor at 7:00 A.M. to ask if she could come by before school to pick up something that she had left there. When the daughter arrived at the neighbor’s house, she was crying and said that her mother and Maynard were fighting. The neighbor attempted to telephone the girlfriend at her house several times that morning, but there was no answer and the calls went into voicemail. The oldest daughter also attempted to call her mother from school several times, but was unable to reach her.

[¶ 4] Later that morning, the girlfriend arrived at the neighbor’s residence, walking barefoot on the rocky driveway. She was upset and crying. The neighbor and her brother testified, without objection, that the girlfriend told them that she and Maynard had an argument; he had held her prisoner in the house and would not let her leave; the phone lines had been cut; items in the house had been broken; and Maynard had told her that if she went to the police, he would harm her and damage her car.

[¶ 5] The girlfriend called the police from the neighbor’s residence at approximately 11:00 A.M. The responding officer testified, without objection, that the girlfriend was scared and shaking when he spoke to her, and that she told him that at “approximately 5:30 this morning, her ex-boyfriend had come to the residence and had kicked in the door and cut her phone lines and threatened [that] if she called the police that he’d put her in the hospital.” The officer went with the girlfriend to her residence and observed that the wooden doorframe was splintered, and the phone lines had been cut.

[174]*174[¶ 6] That afternoon, the girlfriend filed a complaint for protection from abuse against Maynard in the Caribou District Court. See 19-A M.R.S. §§ 4001-4014 (2006). The clerk of court signed and stamped the form, which reads, “Personally appeared the above named Plaintiff and signed and made oath to the truth of the statements in the above complaint before me.” See 19-A M.R.S. § 4005(3). Attached to the form is the handwritten statement of the girlfriend, which reads in its entirety:

5:45 AM — 6/7/04—Defendant kicked in my door — cut my phone wire this am — Destroyed Personal Belongings— threatened] me — if I call the cops — I will end up in a hospital — also—the Defendant stated that he would destroy my car, Limestone PD took pictures of my home — phone wires—
Also the Defendant kept me a prisoner in my home this am for 4 hrs — the Defendant kept[] cornering [] me— scaring me = I couldn’t get out or call anyone—

A temporary protective order was issued that day, pursuant to 19-A M.R.S. § 4006(2). After a hearing on June 23, 2004, a permanent protection from abuse order was issued. On July 14, 2004, however, the protection order was vacated by the District Court on the girlfriend’s motion to vacate.

[¶ 7] At Maynard’s trial, the girlfriend told a different story from what she had told the neighbors and the responding officer, and from what she had written in her sworn statement attached to her complaint for protection from abuse. She testified that she did not see Maynard cut the phone lines; that he did not break down the door, but rather that it had been done previously by her thirteen-year-old son; and that she had lied as a way to get back at Maynard for breaking off their relationship, knowing that it would hurt him in his custody battle with his former wife.

[¶ 8] Without objection from Maynard, the State offered in evidence the girlfriend’s sworn statement filed with the complaint for protection from abuse. Without objection from the State, Maynard offered in evidence the content of the girlfriend’s motion to vacate the protection order.3 Neither party requested an instruction to limit the use of any evidence, and none was given.

[¶ 9] There was no objection to the following part of the court’s jury instruction:

If you should find that a witness on another occasion has made a prior statement under oath such as in a sworn statement, [] and you find that the statement is inconsistent with testimony given to you in court, you may either accept or reject the prior statement under oath or the testimony given the court as being the correct version of events. And you may also consider the prior statement in deciding what weight to give to the in-court testimony, whether or not you want to believe the witness.
And you should bear in mind that the prior sworn statement may also be used not only to measure or evaluate witness credibility, but also may be used to prove facts which are in issue or in dispute.

(Emphasis added.)

[¶ 10] The jury returned a guilty verdict on three of the five charges: obstructing [175]*175criminal prosecution, tampering with a victim, and criminal mischief. The jury was unable to agree on the other charges. Maynard appeals his convictions.

II. DISCUSSION

A. Substantive Admissibility of Prior Sworn Statements

[¶ 11] Contending that the statements in the affidavit attached to the girlfriend’s complaint for an order for protection from abuse are hearsay, and admissible for impeachment purposes only, Maynard argues that the court erred when it told the jury that, if it were to “find that a witness on another occasion has made a prior statement under oath such as in a sworn statement,” then that statement could be considered by them as substantive evidence. Because Maynard did not object to the jury instruction, we review the instruction “only for obvious error affecting his substantial rights.” State v. Benner, 654 A.2d 435, 487 (Me.1995); M.R.Crim. P. 52. We find no obvious error.

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Related

State v. Turner
2001 ME 44 (Supreme Judicial Court of Maine, 2001)
State v. Benner
654 A.2d 435 (Supreme Judicial Court of Maine, 1995)
City of Bangor v. Penobscot County
2005 ME 35 (Supreme Judicial Court of Maine, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2007 ME 79, 926 A.2d 172, 2007 Me. 79, 2007 Me. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-maynard-me-2007.