State v. Caulk

• Decision Date: 20 May 1988
• Citation: 543 A.2d 1366
• Parties: STATE of Maine v. Joel B. CAULK a/k/a William John Meskis.
• Court: Maine Supreme Court

Page 1366

543 A.2d 1366

STATE of Maine v. Joel B. CAULK a/k/a William John Meskis.

Supreme Judicial Court of Maine.

Argued March 17, 1988.

Decided May 20, 1988.

James E. Tierney, Dist. Atty., Lisa Pelky Marchese, Eric Wright, Peter J. Brann (orally), Asst. Attys. Gen., Augusta, for State.

Michael E. Saucier (orally), Hunt, Thompson & Bowie, Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

GLASSMAN, Justice.

Joel B. Caulk a/k/a William John Meskis (Caulk) appeals from a judgment of the Superior Court, York County, entered on the jury's verdict finding him guilty of murder, 17-A M.R.S.A. § 201(1)(A) (1983). On appeal Caulk contends that 1) the trial court erred in denying his motion to dismiss the indictment on the ground that the State violated the Interstate Compact on Detainers, 2) he was denied his constitutionally protected right to a speedy trial, 3) the trial court erroneously failed to impose the sanction of dismissal of the indictment for claimed discovery violations by the State, 4) certain evidence was erroneously admitted at trial, and 5) the evidence is insufficient to support the verdict of the jury. We affirm the judgment.

I

The jury would have been warranted in finding, inter alia, the following facts. Mrs. Nikki Cleveland had been murdered on July 13, 1981. She was a part-time real estate agent. Prior to July 13, 1981 she had listed for sale a secluded camp in North Yarmouth off Sligo Road. Mrs. Cleveland advertised the listed property in several local papers, giving her name and home and office telephone numbers. During the Fourth of July weekend in 1981 Mrs. Cleveland's husband received a call at their home about the property from a person identifying himself as "a writer ... just passing through town," and who refused to give his name. On the morning of July 12 while Mrs. Cleveland was out, Mr. Cleveland received a call from a male who stated he had called the previous week about the property and asking for Mrs. Cleveland. Again he refused to give his name. Also on that morning, an unidentified man called Mrs. Cleveland's office about the listed property. Several hours later Mrs. Cleveland was at home when she received a telephone call and made an appointment to show the property at 1:30 on Monday the 13th. According to the telephone company records, toll calls were made on the morning of July 12 to Mrs. Cleveland's residence and to her office from the East Boothbay residence of Caulk, where he lived alone.

To reach the listed property one must walk or drive along a dirt road across the property of Gay Hoyt. Mrs. Hoyt had erected a gate across the road to prevent the road from becoming a public right of way, and both Hoyt and the owner of the listed property typically kept the gate closed. Hoyt was in the habit of checking to make sure only "authorized" people went down the road.

On Monday, the 13th, Mrs. Hoyt was talking on the telephone when she heard her dogs barking, but she did not investigate the cause. Approximately one hour later, at 1:30 p.m., she again heard the dogs barking and, though still on the telephone, walked over to the window of her kitchen to see a woman in a blue rain slicker, later identified as Mrs. Cleveland, walking down the dirt road toward the camp. Hoyt then went outside to request identification from the woman, but decided not to follow her down to the listed property because the road was too muddy. She was startled that the woman had chosen to walk down the road because, atypically, the gate was already open and she saw a gray car parked by the gate. Mrs. Cleveland was wearing a blue rain slicker on that day and driving a gray Peugeot station wagon that was found parked by the gate of the driveway to the Sligo Road property.

After "a very long time compared to all of the other people that had come down to look at the cottage," Mrs. Hoyt heard the dogs barking again, and she was determined this time to request identification. Instead of seeing a woman in a blue rain slicker walking up the road, Hoyt was surprised to see a blue-green car being driven quickly up the road. She ran outside, yelling for the driver to stop. He did not. The sole occupant seen by her in the car was a male driver, who turned toward her, waved and smiled.

Hoyt later helped police prepare a composite sketch of the driver, describing him as in his late twenties or early thirties with a full mustache, no glasses and prominent white teeth; she could not remember hair color. Hoyt could not, however, positively identify Caulk from a photo array. In 1981 Caulk was living in Boothbay Harbor under the name of William John Meskis. He worked at a boatyard in East Boothbay Harbor from May of 1981 to June 1982. He drove a blue-green Ford Maverick. He was then 34 and had a mustache and did not wear glasses. On Monday, the day of the murder, he left work at 11:30 a.m. and did not return to work until Thursday, the 16th. He offered no explanation to his employer for his absence.

On Monday, July 30, Mrs. Cleveland's body was found in South Berwick. She had been bound, gagged, and shot twice in the head. The State Deputy Medical Examiner testified that Mrs. Cleveland could have been dead for approximately two and one-half weeks and the cause of death was the gunshot wounds. The spent bullet and other bullet fragments recovered from the body were identified as being fired from a revolver stolen by Caulk while in California prior to 1981. On August 8, 1986, an indictment was returned against Caulk charging him with "intentionally and knowingly causing the death of Nikki Cleveland" on or about July 13, 1981. From a judgment entered on the jury's finding of his guilt, Caulk appeals.

II

Caulk first contends that the State violated the Interstate Compact on Detainers (Compact), 34-A M.R.S.A. §§ 9601-9609 (1988). ¹ He argues that because he was not brought to trial within 120 days of his arrival in Maine from the New Hampshire prison where he was then incarcerated, as required under Article IV of the Compact, the court erred in denying his motion to dismiss the indictment against him. See 34-A M.R.S.A. § 9605(3).

The Compact is currently in effect in forty-eight states, the District of Columbia, Puerto Rico and the Virgin Islands. In addition, the Compact is congressionally sanctioned under the compact clause, U.S. Const. art. I, § 10, cl. 3, and is therefore subject to federal interpretation. Cuyler v. Adams, 449 U.S. 433, 438, 101 S.Ct. 703, 706-707, 66 L.Ed.2d 641, 648 (1981) ("congressional consent transforms an interstate compact ... into a law of the United States.")

The Compact provides two time limits within which a party state must dispose of charges pending against a defendant already incarcerated in another party state. ² Article III requires that if a prisoner, having been notified of any detainers placed against him and informed of his right to a speedy trial under the Compact, makes a written request for a speedy trial, thereby waiving extradition to the receiving state, he must be brought to trial within 180 days of receipt of the request. 34-A M.R.S.A. §§ 9603(1)-(5). Article IV allows prosecutors in the state issuing the detainer to obtain temporary custody of the prisoner on appropriate written request. The receiving state must then bring the prisoner to trial within 120 days of his arrival in that state. 34-A M.R.S.A. § 9604(1)-(3). Failure to comply with the appropriate time limitations under either Article III or Article IV requires dismissal of the indictment, information or complaint with prejudice. Id. § 9605(3); see also United States v. Currier, 836 F.2d 11, 14 (1st Cir.1987) (interpreting the Maine Compact for a different purpose); State v. Beauchene, 541 A.2d 914 (Me.1988).

On August 8, 1986, the York County grand jury returned an indictment against Caulk charging him with the murder of Nikki Cleveland. Caulk was then incarcerated in a New Hampshire prison. On August 26, 1986, pursuant to the Compact, the State lodged a detainer against Caulk and requested that New Hampshire determine whether Caulk wished to waive extradition. On August 28 Caulk was notified of the murder indictment against him and was informed of his right to a speedy trial under the Compact. On that same date, New Hampshire informed Maine that Caulk chose not to waive extradition and made no formal speedy trial request. Maine then initiated temporary custody proceedings under Article IV to force Caulk's appearance in Maine. On December 9, 1986, Caulk filed a writ of habeas corpus contesting his return to Maine. Prior to a hearing on that writ, Caulk, on January 12, 1987, made a written request for disposition of the Maine indictment and was transported to Maine on January 13, 1987. On January 14, 1987 Caulk was arraigned in the Superior Court, York County, and pleaded not guilty. The trial on the charge against Caulk commenced on June 29, 1987, well within the 180-day period required by Article III. Caulk argues that because the State failed to bring him to trial within the 120-day limit required by Article IV, the trial court erred in denying his motion to dismiss the indictment. We disagree.

Courts have been reluctant to expand the applicability of the "made possible" language in Article IV. Indeed, the

generally accepted view is ... that notwithstanding the mechanism used to obtain a prisoner's custody in the receiving state, where a prisoner files the proper written notice or certificate requesting final disposition of charges, the 180-day speedy trial period contained in Article III is the operative time provision.

Felix v. United States, 508 A.2d 101, 107 (D.C.App.1986) (utilizing 180 rather than 120 days when 1) District of Columbia "initiated" proceedings by lodging a detainer against defendant, 2) defendant sought intervening "final disposition" under Article III, and 3) defendant's ultimate custody was actually obtained by...