State of Maine v. David P. Hunt Jr.

Summary

The Maine Supreme Judicial Court affirmed David P. Hunt Jr.'s convictions for two counts of gross sexual assault and two counts of unlawful sexual contact. The court held that the trial court did not abuse its discretion by denying a continuance to obtain out-of-state counseling records and did not violate the Confrontation Clause by requiring trial participants to wear masks. The court also rejected Hunt's claims of prosecutorial error and evidentiary error.

Holdings

1. The trial court did not abuse its discretion or violate due process by denying Hunt's day-before-trial request for another continuance to pursue Massachusetts records.
2. Requiring participants in Hunt's trial to wear masks covering the nose and mouth did not violate the Sixth Amendment because the witnesses were physically present, under oath, subject to cross-examination, and sufficiently observable by the jury.
3. The prosecutor's opening statement and closing and rebuttal arguments did not constitute prosecutorial error, obvious error, or improper burden shifting, and the trial court did not abuse its discretion in denying a mistrial.
4. The trial court did not abuse its discretion in denying a mistrial based on the detective's testimony that, in his experience, victims' memories of traumatic events were often fragmented.
5. The trial court did not abuse its discretion in allowing the school nurse to testify that the victim's prior somatic complaints made sense after the nurse learned of the victim's disclosure.
6. The trial court properly admitted evidence of Hunt's similar sexual assaults on the victim occurring in Georgia and Massachusetts for permissible noncharacter purposes, including relationship, motive, intent, and opportunity, subject to Rule 403.
7. The trial court's in limine ruling concerning Hunt's communications with the victim's mother did not warrant reversal because the ruling was not preserved through an appropriate trial objection and the court's final ruling on the proposed evidence was never established.

Questions Presented

1. Whether the trial court abused its discretion or violated due process by denying Hunt's motion to continue the trial so he could further pursue the victim's Massachusetts counseling and child-protective-services records.
2. Whether requiring Hunt, the victim, and other trial participants to wear masks during the COVID-19 pandemic violated Hunt's Sixth Amendment right of confrontation.
3. Whether the prosecutor committed error during opening statement and closing and rebuttal arguments by shifting the burden of proof, urging a guilty verdict improperly, or vouching for the victim's credibility.
4. Whether the trial court abused its discretion or otherwise erred in denying a mistrial based on testimony about fragmented memories of trauma.
5. Whether the trial court improperly admitted the school nurse's testimony that the victim's somatic symptoms made sense after the nurse learned of the victim's disclosure.
6. Whether evidence of Hunt's uncharged sexual assaults occurring outside Maine was admissible for permissible noncharacter purposes.
7. Whether the trial court improperly limited Hunt's proposed use of communications with the victim's mother to establish a motive for the victim to lie.

Disposition

affirmed