State v. Turner

495 A.2d 1211, 1985 Me. LEXIS 788
CourtSupreme Judicial Court of Maine
DecidedJuly 17, 1985
StatusPublished
Cited by8 cases

This text of 495 A.2d 1211 (State v. Turner) 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. Turner, 495 A.2d 1211, 1985 Me. LEXIS 788 (Me. 1985).

Opinion

GLASSMAN, Justice.

The defendant, Elizabeth Turner, appeals from the judgment of conviction entered by the Superior Court, Androscoggin County, on the jury’s verdict finding her guilty of violations of 17-A M.R.S.A. § 853, promotion of prostitution, and § 853-A, engaging in prostitution. She alleges the trial court erred (1) by failing in the jury voir dire adequately to inquire as to possible racial prejudice, (2) by permitting only the direct testimony of a State’s witness to be read back to the jury, and (3) by admitting evidence of the defendant’s prior conduct to show her predisposition to prostitution. We find no merit in any of the defendant’s allegations and affirm the judgment of the Superior Court.

The Lewiston Police Department conducted an undercover investigation in response to reports of occurrences of prostitution at the Flamingo Hotel. Using information gathered by this investigation, the Androscoggin County grand jury returned an indictment charging the defendant with promotion of and engaging in prostitution.1 The defendant claimed that she was entrapped.

I.

Prior to questioning the jury panel, the court asked both counsel if they had any requests for specific voir dire questions. Because the defendant is a black woman, the defense counsel requested, inter alia, “at least some type of question relating to their [the jury’s] prejudice.” During the voir dire the court inquired whether anything about the defendant’s race would make it difficult for any person to serve impartially. None of the potential jurors responded to this question. The court then inquired whether, based on any questions asked or unasked by the court, any of the panel would have “suspicions or hints or feelings” that would make it difficult to serve in a fair and impartial manner if selected. Again, there was no response from any member of the panel.2

Following voir dire, the defense counsel requested that the court make further inquiry of the jury as to possible racial prejudice and suggested additional questions. The court rejected the proposed questions. On appeal, the defendant argues that there was more than a remote possibility of juror bias and that the court erred by failing to ask the proposed questions concerning possible racial prejudice.3 We disagree.

It is well established that any decision as to the extent of voir dire rests within the sound discretion of the trial justice. State v. Robbins, 401 A.2d 161, 163 (Me.1979); State v. Littlefield, 374 A.2d 590, 597 (Me.1977). In addition, the United States Supreme Court has noted that “[t]here is no constitutional presumption of juror bias for or against members of any particular racial or ethnic group.” Rosales-Lopez v. United States, 451 U.S. 182, 190, 101 S.Ct. 1629, 1635, 68 L.Ed.2d 22 (1981). Further,

[o]nly when there are more substantial indications of the likelihood of racial or ethnic prejudice affecting the jurors in a particular case does the trial court’s denial of a defendant’s request to examine the juror’s ability to deal impartially with this subject amount to an unconstitutional abuse of discretion.

[1213]*1213Id. The Supreme Court has found “more substantial indications of the likelihood of bias” in those circumstances where racial issues are inextricably bound up with the case. See Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973).

It cannot be said that racial issues lie at the heart of the case at bar. Nevertheless, guarding against the possibility of juror bias, the court directed a specific question to the venire designed to uncover racial prejudice. The immediate follow-up question, more broadly phrased, also sought to identify those potential jurors who, for any reason, felt they were unable to hear the case fairly. The court made the inquiry despite the fact that the circumstances surrounding the crimes charged were free of any racial overtones. There was no reason to suspect that the members of the panel had not responded truthfully to the questions put by the court. The additional questions urged by the defense counsel, while they may have had some possible bearing on racial prejudice, had nothing whatsoever to do with prejudice as it related to the crimes charged. See State v. Robbins, 401 A.2d at 164. After carefully reviewing the court’s voir dire of the jury and the jury’s responses, we detect no abuse of discretion in the trial justice’s determination that the voir dire was sufficient to expose juror prejudice based on the defendant’s race.

II.

The defendant challenges the propriety of two evidentiary rulings by the trial court. The court permitted one of the investigating officers to testify as to the defendant’s statement to him concerning a sexual affair she was conducting simultaneously with a father and son and allowed the State to cross-examine the defendant about her past employment as an exotic dancer. The defense counsel objected on grounds of hearsay and relevancy. On appeal the defendant also alleges a violation of M.R.Evid. 608(b).4

When the issue of entrapment is sufficiently raised in a case, it is incumbent upon the State to present sufficient evidence from which the jury could find beyond a reasonable doubt that the defendant is not an otherwise innocent person induced to commit the crime, the idea of which originated in the minds of the police. State v. Matheson, 363 A.2d 716, 722-23 (Me.1976). “Innocent” means “the absence of a predisposition or state of mind that readily responds to the opportunity furnished by the officer or his agent to commit the forbidden act with which the accused is charged.” State v. Whitney, 157 Conn. 133, 249 A.2d 238, 240 (1968) (quoting 21 Am.Jur.2d Criminal Law § 205 (1981)). Because the issue of entrapment raises questions as to the defendant’s state of mind, evidence may be adduced by either side tending to show that state of mind. State v. Whitney, 249 A.2d at 240.

In the instant case, the presiding justice properly admitted the evidence. First, the defendant’s statement concerning the father/son affair was not hearsay. It was clearly admissible under M.R.Evid. 801(d)(2) as an admission by a party-opponent. Second, both the statement and the information about the defendant’s work as a “stripper” were relevant to ascertaining her state of mind or predisposition. The challenged evidence suggested or tended to suggest (1) that the defendant was sexually involved simultaneously with a father and son, and that the father was paying her money, (2) that she was experienced at [1214]*1214soliciting men for drinks, and (3) that she had accepted money for dancing virtually nude in front of male customers. Although these facts do not establish that the defendant committed the crimes with which she was charged, it cannot be said they are irrelevant to a determination of her predisposition toward those crimes.

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Bluebook (online)
495 A.2d 1211, 1985 Me. LEXIS 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-turner-me-1985.