State v. Goodall

• Decision Date: 22 October 1979
• Citation: 407 A.2d 268
• Parties: STATE of Maine v. Douglas R. GOODALL.
• Court: Maine Supreme Court

Page 268

407 A.2d 268

STATE of Maine v. Douglas R. GOODALL.

Supreme Judicial Court of Maine.

Oct. 22, 1979.

Thomas E. Delahanty, II, Dist. Atty., Auburn, Michael D. Seitzinger (orally), Michael Saucier, Fernand LaRochelle, James G. Boulos, Asst. Attys. Gen., Augusta, for plaintiff.

Kurtz & Myers by Theodore H. Kurtz (orally), Douglas M. Myers, South Paris, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY, NICHOLS and GLASSMAN, JJ.

McKUSICK, Chief Justice.

Defendant Douglas R. Goodall appeals from a judgment of conviction of manslaughter, 17-A M.R.S.A. § 203(1)(A), entered upon the verdict of a Superior Court jury in Franklin County. In deciding his appeal we address the following principal questions:

1. Under all the circumstances, was the denial of his constitutional right to a free transcript of his prior trial harmless error?

2. What is the scope of the definition of an "accomplice" under 17-A M.R.S.A. § 57(3)(A)?

3. What crimes are lesser included offenses of "depraved indifference" murder, 17-A M.R.S.A. § 201(1)(B)?

4. Was defendant's right to a speedy trial violated?

5. Did the presiding justice commit error by refusing an explicit instruction that the jury must be unanimous both as to the offense and as to the principal-or-accomplice theory of criminal liability?

We find no reversible error in the trial that resulted in defendant Goodall's conviction and accordingly we deny his appeal.

Facts

In the early morning hours of March 23, 1978, Roland Grant was the victim of a brutal and senseless beating while in his own apartment at 1 Greenleaf Avenue in Norway, Maine. He was taken to the Central Maine Medical Center in Lewiston, where a physical examination revealed that Grant had suffered extensive injuries about his face, both eyes were severely bruised, his nose had been smashed and was actively bleeding, and there was a large bruised area around the base of his penis. As a result of compression and internal hemorrhaging in the area of the brain, all due to the severe trauma to the head, Grant died shortly after 11 p. m. that evening. John O. Smith and defendant Douglas Goodall were jointly indicted for murder. They were given separate trials. A Superior Court jury found Goodall guilty of manslaughter.

From the evidence at trial the jury was justified in finding the following bizarre train of events leading to Mr. Grant's death.

Douglas Goodall and his wife Joan lived in an apartment at 155 Main Street in Norway. John Smith had also been staying in the apartment with Sharon Silver, whom Smith had met in a bar a few nights before. During the evening of March 22, 1978, all four were in the apartment together. The two men had been drinking beer most of the day. At some point Goodall suggested to his wife that they "swap partners" for the night. The two men then began to inquire into Sharon Silver's personal life, specifically asking about her past sexual relationships. When Silver refused to talk about that subject, the two became angry and poured beer over her. Silver went into the bathroom to take a shower and changed into dry clothing. During the course of the evening she was doused with beer several more times and each time was ordered to take another shower. After one of the showers, Silver was violently thrown through the bathroom door by Goodall. Later, he attempted to have intercourse with her on the bathroom floor. Smith and Joan Goodall for the most part remained in the kitchen while these events were taking place.

Some time around 1 a. m. a dog wandered into the apartment. The two men passed the dog back and forth between them. Finally, one of them threw it out the window. Later, the two men, accompanied by Silver, stood over the dog as it lay dead in the street. A neighbor, Mr. Laidlaw, came out of his house and accused them of killing the dog, whereupon Goodall and Smith became very belligerent. Goodall struck Laidlaw in the face three times and, as the latter was retreating from the encounter, Smith delivered a "drop kick" (a kick delivered with both feet off the ground) to Laidlaw's back, hurdling him face forward onto the street.

Some time later, all four were back in the kitchen of the Goodall apartment. Goodall, encouraged by Smith, continued his sexual harassment of Silver. Goodall wrapped a cake of soap in a washcloth and attempted to insert it into Silver's vagina. He and Smith agreed that Silver should shave off her pubic hair and he ordered her to do so. He then told her to remain naked and to "go streaking" down Main Street. It was now about 3:45 a. m.

Frightened, Silver did as she was ordered and ran from the building. She decided to go to the apartment of Roland Grant, in whose building she had previously lived. Grant was at home, preparing to go to work, and let Silver in. She put on some borrowed clothing and was given a cup of coffee. Some ten or twenty minutes later, Goodall and Smith arrived at Grant's door, having knocked on several doors in the same building. Goodall told Grant that he knew Silver was in there and that he would break the door in at the count of ten if he did not open it. Grant let them in.

Goodall and Smith apologized to Silver for all they had put her through. Grant offered them a beer. The beer was warm; Silver went down the hall to the apartment of a neighbor, Carlton Young, to get some ice. Goodall followed Silver into Young's apartment and removed a canned ham from the refrigerator, offering to pay Young for it. Young refused, saying that it had to last him until his next check. Goodall tossed the can at Young, striking him on the side of the head. Smith then kicked Young in the ribs, breaking one rib. In the hallway of the building, Goodall accosted the paperboy, who was making his morning deliveries. Goodall asked him for a newspaper, but the boy said he did not have any extras. Goodall wrapped an ace bandage around his fist and struck the paperboy three times in the face. Smith then unsuccessfully attempted to land a "drop kick" on the paperboy as he hurried out the building.

Meanwhile, another tenant named Al Chaisson had gone to Grant's apartment. Soon thereafter, Goodall, Smith, and Silver returned, whereupon the two men accused Roland Grant of having taken Silver to bed. They said that it didn't look right for an old man to be taking in young girls without any clothes on and that there were going to teach him "a lesson." Goodall then escorted Silver to the door, telling her he did not want her "to see a horror show." He shut the door behind her, and Silver went back to Mr. Young's apartment.

Al Chaisson was sitting in a chair in Grant's living room. A fight began between Smith and Grant. Grant was very quickly knocked to the floor, somehow ending up in the bedroom. From his chair, Chaisson could see Grant's feet and the lower portion of his legs, and he could see Smith's feet as Smith repeatedly kicked at the upper portion of Grant's body. Each time Smith kicked in Grant's direction, Chaisson saw Grant's legs move and heard him "grunting and groaning." During this first phase of the fight, Goodall stood alongside Chaisson and ordered him to stay put. At some point Grant came "back-pedaling" out of the bedroom, having been thrown by Smith, and ended up in the kitchen. He went into the bathroom under his own power, emerging with a small length of pipe, which was quickly wrested from him by Smith.

Grant was then shoved into the bedroom once again. The second phase of the fight lasted a half hour or more, and at one point Goodall joined Smith in the bedroom and they were observed to take turns kicking in the direction of the upper portion of Grant's body. Smith and Goodall were talking to each other much of the time. At some point Sharon Silver reentered the apartment. As Grant was lying bloodied on the floor, she observed Goodall kick Grant in the head so hard that "it vibrated in the room." The fight finally ended and the two men returned to the Goodall apartment at 155 Main Street. Silver went with them to get back her own clothing.

Arriving exhausted at the Goodall apartment, Silver decided to go to sleep on the living room sofa. Before going to sleep, however, she overheard a conversation between Goodall and Smith, who were bragging to Joan Goodall about what they had just done. Specifically, Goodall stated, "We just kicked the shit out of an old man." Goodall said he had repeatedly hit Grant in the nose, adding, "He should have stayed down when I put him down." Goodall and Smith then went to sleep.

Approximately one hour later, officer Millett of the Norway police arrived at the Goodall apartment and placed Goodall and Smith under arrest. They were taken to the Oxford County Sheriff's Department. After being read his Miranda rights, Goodall agreed to talk to Millett. Goodall related the incident concerning the dog and Mr. Laidlaw. He then told in some detail about many of the events that had occurred earlier that morning at Roland Grant's apartment, including the incident involving Mr. Young. He admitted forcing his way into Grant's apartment and later saying he would "teach the old man a lesson" for taking in young girls without any clothes on. He confirmed Chaisson's presence in the apartment during the fight, saying, "(W)e sat him in a chair in the corner and told him not to move." Finally, he admitted that he and Smith had beaten Grant and that they had used as weapons just their fists and feet. When the interview was concluded, Goodall was informed that he was charged with aggravated assault. The charge was later changed to murder after it was learned that Grant had died.

On April 11, 1978, a probable cause hearing was held for both defendants in District Court at South Paris. The court had appointed separate counsel to represent Goodall and Smith. ¹ The State's evidence consisted of the testimony of three key witnesses: Al Chaisson, Sharon Silver, and Dr. Theodore, a...