State v. Chasse

• Court: Supreme Judicial Court of Maine (US)
• Writing for the Court: DANA, J.
• Citation: 2000 ME 90,750 A.2d 586
• Decision Date: 17 May 2000
• Parties: STATE of Maine v. Michael CHASSE.

750 A.2d 586
2000 ME 90

STATE of Maine
v.
Michael CHASSE

Supreme Judicial Court of Maine.

Submitted on Briefs February 25, 2000.

Decided May 17, 2000.

750 A.2d 587

R. Christopher Almy, District Attorney, Michael P. Roberts, Deputy Dist. Atty., C. Daniel Wood, Asst. Dist. Atty., Bangor, for State

Randy G. Day, Garland, for defendant (on appeal).

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER and CALKINS, JJ.

DANA, J.

[¶ 1] Michael Chasse appeals from a judgment of the Superior Court (Piscataquis County, Marden, J.) following his conviction by a jury of robbery (Class A) in violation of 17-A M.R.S.A. § 651 (1983),¹ conspiracy to commit robbery (Class B) in violation of 17-A M.R.S.A. §§ 151 & 651 (1983),² aggravated assault (Class B) in violation of 17-A M.R.S.A. § 208 (1983),³

750 A.2d 588

and burglary (Class B) in violation of 17-A M.R.S.A. § 401 (1983).⁴ The court sentenced him to twelve years, eight years, four years and two years respectively, to be served concurrently. Chasse argues on appeal that the court denied him his constitutional right to testify on his own behalf, he was unduly prejudiced by his appearance before the jury in prison garb following his escape and capture during the trial, he was placed in double jeopardy by being convicted of both robbery and aggravated assault based on the same facts, the court abused its discretion by failing to grant his motion for a mistrial, and the evidence was insufficient to support his conviction of Class A robbery. Finding no error, we affirm

I. FACTUAL SUMMARY

[¶ 2] On February 25, 1997, Detective Sergeant Perry Antone responded to a call from a residence in Brewer that someone had been shot. When he arrived on the scene he found the homeowner on the lawn holding a gun. After securing the gun, he entered the house and found a man, later identified as Chasse, laying on the floor. He also found a knife on the floor just inside the doorway of the house.

[¶ 3] Chasse was eventually indicted on charges of robbery, conspiracy to commit robbery, aggravated assault and burglary stemming from the incident. On the fourth day of his jury trial, Chasse effected an escape that was captured on video by a local journalist. Chasse's attorney sought a continuance and a new trial based on Chasse's absence and his resulting inability to testify. The court, having viewed the video of the escape, determined Chasse's absence to be voluntary. The court delayed the proceedings for a couple of hours, but ultimately denied the motions for a continuance and a mistrial after conducting a voir dire of the jury and determining that they were not aware of the escape. The court also determined that Chasse had waived his right to testify by voluntarily absenting himself from the trial.

[¶ 4] The court instructed the jury that Chasse had elected to be absent from the trial and that the jury should accord this fact no weight whatsoever and the trial proceeded. Chasse's attorney called his last remaining witness who was a hostile witness. In the course of his testimony, the witness made reference to Chasse "run[ning] away." Chasse's attorney objected and the court instructed the jury to

750 A.2d 589

disregard the statement. The attorney again moved for a mistrial, but the court denied the motion, noting that the jury was not even aware of the fact that Chasse had been in custody during the trial. With no more witnesses, both the State and Chasse's attorney rested

[¶ 5] Later that day, while in conference with both attorneys, the court was informed that Chasse had been captured. Chasse's attorney moved to reopen the evidence. The court denied this motion, again finding that Chasse had waived his right to testify by absenting himself during the presentation of the evidence and noting its concern that if the trial were continued over the weekend, the jury could potentially become tainted by exposure to news of the escape.

[¶ 6] Court was reconvened late in the afternoon for closing arguments. Chasse was present. At Chasse's request the court again advised the jury that no inferences were to be drawn from a defendant's presence or absence in court in the course of a trial. Closing arguments were made and the court instructed the jury. At a bench conference following this, Chasse's attorney requested that the record reflect that his client was clad in prison garb. Nevertheless, the attorney made no objection to Chasse's attire at that time or previously, nor did he request a mistrial based on the attire.

[¶ 7] The jury returned a verdict of guilty on all charges and Chasse brought this appeal.

II. DISCUSSION

[¶ 8] Chasse's primary argument on appeal is that he was denied a fair trial because of circumstances resulting from his escape and capture. He argues that he was improperly denied his constitutional right to testify on his own behalf by virtue of the court denying: (1) his motion for a continuance during his absence from trial, (2) his motion to re-open the evidence once he was captured, and (3) his motion for a mistrial based on his failure to testify stemming from his absence from the trial. He also argues that he was denied a fair trial by virtue of his appearance before the jury in prison attire during closing arguments despite his failure to object or seek a new trial at the time. Lastly, he argues that the court should have granted his motion for a mistrial following the statement of the hostile witness.

[¶ 9] Every defendant's right to testify on his or her own behalf is rooted in the Fourteenth Amendment's due process clause, the Sixth Amendment's compulsory process clause and the corollary to the Fifth Amendment's protection against compelled testimony. See Rock v. Arkansas, 483 U.S. 44, 51-52, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987). However, it is within a...