State v. Foley
| Citation | 392 A.2d 1094 |
| Parties | STATE of Maine v. Bruce E. FOLEY. |
| Decision Date | 27 October 1978 |
| Court | Supreme Judicial Court of Maine (US) |
Henry N. Berry, III, Dist. Atty., Peter G. Ballou (orally), Deputy Dist. Atty., Glenn Robinson, Law Student, Portland, for plaintiff.
Franklin Stearns, Jr., Portland, Ellsworth T. Rundlett, III (orally), Portland, for defendant.
Before McKUSICK, C. J., and ARCHIBALD, DELAHANTY, GODFREY and NICHOLS, JJ.
Defendant Bruce E. Foley appeals from a judgment of conviction entered upon a jury's verdict finding defendant guilty of rape in violation of 17-A M.R.S.A. § 252(1)(B) and of gross sexual misconduct in violation of 17-A M.R.S.A. § 253(1) (A). 1 The sole issue on appeal is whether the evidence was sufficient to support the jury's verdict.
We deny the appeal.
Both the prosecutrix and defendant agreed upon the following facts. Early in October 1977, the 29-year-old defendant invited the 23-year-old prosecutrix to an evening party at his apartment. The prosecutrix, a prior acquaintance of defendant, accepted the invitation. Unable to secure a sitter for her 13-month-old baby, she took the child along with her to the party. At about 11:30 p. m., the other guests departed, leaving the prosecutrix, her child, the defendant, and his roommate. The prosecutrix remained in the apartment through most of the night.
Defendant and the prosecutrix presented conflicting versions of what transpired between the time the other guests left the apartment and the prosecutrix's early morning departure. The prosecutrix testified that she decided to remain in defendant's apartment overnight after defendant promised that she and the child could sleep alone in defendant's bedroom while defendant and his roommate slept in the living room. In violation of this prior understanding, defendant crawled into bed with the prosecutrix, choked her, and threatened to harm her child unless she performed sexual intercourse and other sexual acts. Fearing harm to herself and to her child, the prosecutrix submitted, performing repeated sexual acts, including fellatio, normal sexual intercourse, and anal intercourse. The prosecutrix also testified that defendant forced her to engage in fellatio and normal sexual intercourse with his roommate. When defendant finally fell asleep, the prosecutrix allegedly escaped from the apartment, clutching her child and covering herself with nothing but a baby blanket. She then sought refuge in the home of a cousin five blocks away and immediately called the police, who arrested Foley and his roommate.
Defendant claims that the prosecutrix offered to engage in various sexual acts with him in return for his promise to assault a former boyfriend of the prosecutrix who had abandoned her in favor of another woman. Defendant alleges that he initially agreed to the bargain but reneged immediately after engaging in sexual intercourse and fellatio with the prosecutrix. Defendant charges that the prosecutrix reported a rape to the police to gain revenge for his refusal to assault her former boyfriend.
The issue presented is whether the evidence is sufficient to support the jury's verdict of guilty. As this court has previously stated in upholding a rape conviction against a similar attack, "(w)here a defendant challenges the sufficiency of the evidence which convicted him, even though it may rest upon the testimony of a single witness, our function is to determine whether there was credible evidence from which the jury would be justified in believing beyond a reasonable doubt that the defendant was guilty." State v. McFarland, Me., 369 A.2d 227, 229-30 (1977).
Our examination of the record reveals ample evidence to support defendant's conviction. In addition to the testimony of the prosecutrix, the State presented the following corroborating evidence. (1) A physician who examined the prosecutrix shortly after the alleged incident found bruise marks on her neck, redness in the vaginal area, and the presence of nonmotil sperm. (2) A cousin of the prosecutrix testified that the prosecutrix, clad only in a baby blanket, appeared at his door between 5:00 and 6:00 a. m., holding her baby and claiming that she had been raped. (3) And finally, the State presented photographs showing the state of disarray of defendant's apartment when the police went there to arrest Foley and his roommate; those photographs showed the prosecutrix's clothes strewn around on the floor of defendant's bedroom.
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State v. Cefalo
...can be no question that the evidence was sufficient to support the jury's verdict of guilty. As we have stated previously, State v. Foley, Me., 392 A.2d 1094 (1978); State v. McFarland, Me., 369 A.2d 227 (1977), the testimony of a prosecutrix is sufficient alone to support a conviction for ......
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