State v. Leon
State v. Leon
Opinion of the Court
[¶ 1] Peter W. Leon appeals from a judgment of conviction of assault (Class D), 17-A M.R.S. § 207(1)(A) (2017), entered by the trial court (York County, Cashman, J. ) after a jury trial. Leon contends that he was denied a fair trial because one of the jurors reported that she had felt pressured to return a guilty verdict.
I. BACKGROUND
[¶ 2] When the evidence is viewed in the light most favorable to the State, "the jury could rationally have found the following facts beyond a reasonable doubt." State v. Hall ,
[¶ 3] On October 24, 2016, a mother drove her fifteen-year-old daughter-the victim-to a fast-food establishment in Sanford. While the mother waited in the car, the victim entered the establishment and placed her order. The victim stepped away from the counter and used her cell *131phone as she waited. Moments later, sixty-five-year-old Leon entered the store to fill his water bottle and make a purchase while his wife waited in the car. After Leon filled his water bottle, he walked over to the victim, placed his hand on the victim's back, and told the victim that her "jeans looked nice ... nice and tight in all the right places." The victim testified that Leon's conduct "really grossed [her] out and made [her] very uncomfortable." As a result, she immediately sent a text message to her mother, who proceeded to enter the store as her daughter was leaving. The mother encountered Leon and called 9-1-1. The incident was recorded on the store's surveillance equipment.
[¶ 4] In January of 2017, Leon was charged by complaint with one count of assault (Class D), 17-A M.R.S. § 207(1)(A), and entered a plea of not guilty. At a one-day jury trial held in August of 2017, the surveillance video was admitted in evidence and played for the jury. After also hearing from several witnesses including the victim, her mother, and Leon,
[¶ 5] As the jury was leaving the courtroom after it was discharged, Leon spoke briefly to one of the jurors. After that interaction, the juror told a judicial marshal that she had "gone against all of her morals in convicting this man" and that "the State had not proven the case but she could not make her fellow jurors continue with their deliberations and come back [the following day]." Although the marshal told the juror that she could contact the court the following morning to express any concerns, the juror did not so do.
[¶ 6] That next morning, when the parties were back in court for the sentencing hearing, the court informed the parties of the juror's statement to the marshal and appropriately provided them with the marshal's report about the matter. When the court invited the parties to be heard, the State expressed its view that the report could not affect the verdict. Leon's attorney then stated that she wanted to hear from the court first but "then might be heard if it seems appropriate." The court announced its conclusion that there was no evidence of juror misconduct and that the guilty verdict would stand. Leon then requested a continuance of the sentencing hearing in order to research the jury issue. The court denied that request, proceeded to hold the sentencing hearing, and imposed the minimum mandatory $300 fine, see 17-A M.R.S. § 207(3) (2017), and a fully suspended sixty-day jail term, subject to one year of administrative release with conditions that include no contact with the victim or her family, and psychological and sexual harassment counseling. Leon filed a timely notice of appeal. See 15 M.R.S. § 2115 (2017) ; M.R. App. P. 2B(b)(1).
II. DISCUSSION
[¶ 7] Leon contends that the conviction should be set aside because, during deliberations, a juror reportedly felt some pressure to find him guilty. In support of this contention, Leon relies on the juror's statements to the marshal.
[¶ 8] "It is the general rule since Lord Mansfield's time that the testimony of a juror is not available to impeach a verdict in which [that juror] participated." Patterson v. Rossignol ,
(1) the need for stability of verdicts; (2) the need to conclude litigation and desire to prevent any prolongation thereof; (3) the need to protect jurors in their communications to fellow jurors made in the confidence of secrecy of the jury room; (4) the need to save jurors harmless from tampering and harassment by disappointed litigants; [and] (5) the need to foreclose jurors from abetting the setting aside of verdicts to which they may have agreed reluctantly in the first place or about which they may in the light of subsequent developments have doubts or a change of attitude.
Patterson ,
[¶ 9] Pursuant to our case law and Rule 606(b), a court may not consider juror "testimony or other evidence" about "[a]ny statement made or incident that occurred during the jury's deliberations; [t]he effect of anything on that juror's ... vote; or [a]ny juror's mental processes concerning the verdict," M.R. Evid. 606(b)(1), because such evidence-including statements made by a juror-cannot be used to impeach a verdict, see State v. Watts ,
*133[¶ 10] There are narrowly drawn exceptions to this prohibition, including, for example, a report that a juror has been improperly exposed to "extraneous prejudicial information" or an "outside influence," or that a juror has engaged in external misconduct affecting the verdict. M.R. Evid. 606(b)(2) ; see also, e.g. , Ma ,
[¶ 11] This principle applies when a juror is haled into a courtroom in connection with a challenge to a jury verdict. In addition, "the ban on juror testimony regarding the internal deliberation process of the jury ... is a ban on court consideration of any post-discharge juror communications about such subjects." Hurd ,
[¶ 12] Here, the juror's statement is a classic instance of a matter into which the parties and the court may not inquire, and which may not be used for the purpose of impeaching a verdict. See Hurd ,
[¶ 13] We have stated that a court cannot inquire into or impeach a verdict based on a juror's statement "that she agreed to the verdict through fear and coercion and that the announced unanimous verdict was not her free and deliberate act," Patterson ,
[¶ 14] Because there is no evidence of external or outside influence, bias, or misconduct, see M.R. Evid. 606(b)(2), the juror's *134statement that she felt pressured to return a guilty verdict falls squarely within the categories of evidence prohibited from use by Rule 606(b)(1). The court and the parties were therefore barred from exploring the matter further, and Leon was not deprived of a fair trial.
The entry is:
Judgment affirmed.
For the first time in this action, Leon also argues that the court's jury instruction on "offensive physical contact" was incorrect, and that the court erred by failing to instruct the jury on the definition of assault that involves "bodily injury." See 17-A M.R.S. § 207(1)(A) (2017). There was no error-much less obvious error-in the court's instructions. See M.R.U. Crim. P. 52(b) ; State v. Lovejoy ,
First, the court correctly defined "offensive physical contact" for the jury. See, e.g. , State v. Pozzuoli ,
During his testimony, Leon stated that he "noticed ... [the victim's] ankles, [the jeans] were so fitted at the ankles." He admitted that he touched the victim on her back and that he made an "off comment" but did not think "it was derogatory ... [or] wrong."
Leon also alleges that, during the trial, the marshal "intimidated" the jurors by the way she looked at them. There is nothing whatever in the record to support this assertion, which Leon raises here for the first time. See Ma v. Bryan ,
Maine Rule of Evidence 606 reads in full:
Rule 606. Juror's Competency as a Witness
(a) At the trial. A juror may not testify as a witness before any jury drawn from the panel of which the juror was a member. If a juror is called to testify, the court must give any party an opportunity to object outside the jury's presence.
(b) During an inquiry into the validity of a verdict or indictment.
(1)Prohibited testimony or other evidence. During an inquiry into the validity of a verdict or indictment, a juror may not testify about:
(A) Any statement made or incident that occurred during the jury's deliberations;
(B) The effect of anything on that juror's or another juror's vote; or
(C) Any juror's mental processes concerning the verdict or indictment.
The court may not receive a juror's affidavit or evidence of a juror's statement on these matters.
(2)Exceptions. A juror may testify about whether:
(A) Extraneous prejudicial information was improperly brought to the jury's attention; or
(B) An outside influence was improperly brought to bear on any juror.
Reference
- Full Case Name
- STATE of Maine v. Peter W. LEON
- Cited By
- 8 cases
- Status
- Published