State v. Haag, Docket No. Was–11–108.

• Court: Supreme Judicial Court of Maine (US)
• Citation: 48 A.3d 207,2012 ME 94
• Docket Number: Docket No. Was–11–108.
• Parties: STATE of Maine v. Colin HAAG.
• Decision Date: 17 July 2012

48 A.3d 207
2012 ME 94

STATE of Maine
v.
Colin HAAG.

Docket No. Was–11–108.

Supreme Judicial Court of Maine.

Argued: Jan. 10, 2012.
Decided: July 17, 2012.

[48 A.3d 208]

Toff Toffolon, Esq. (orally), Machias, for appellant Colin Haag.

Carletta Bassano, District Attorney, and Paul Cavanaugh II, First Asst. Dist. Atty. (orally), Prosecutorial District VII, Ellsworth and Calais, for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, SILVER, MEAD, GORMAN, and JABAR, JJ.

SAUFLEY, C.J.

[¶ 1] Colin Haag appeals from judgments of conviction for two counts of kidnapping (Class A), 17–A M.R.S. § 301(1)(B)(2) (2011), following a jury trial in the Superior Court (Washington County, Cuddy, J.). Haag contends that the evidence presented at trial was insufficient to support his convictions and that the court erred in denying his motion for judgment of acquittal. We affirm the judgments.

I. BACKGROUND

[¶ 2] Viewing the evidence in the light most favorable to the State, the jury could rationally have found the following facts beyond a reasonable doubt. State v. Elliott, 2010 ME 3, ¶ 2, 987 A.2d 513.

[¶ 3] Randall and Amanda Hodges were married in Florida in December of 1993. The couple had three children together, a son and two daughters. Later, after the children were born, the family moved to South Carolina.

[¶ 4] In August 2007, Randall and Amanda separated. They agreed that Randall would assume primary responsibility for their son, age twelve, and that Amanda would care for their two daughters, ages nine and six. They did not seek a divorce or enter into a formal custody agreement. Two days later, Randall and their son moved back to Florida to live with Randall's mother. Soon after her separation from Randall, Amanda and the girls started living with Colin Haag.

[¶ 5] Randall stayed in contact with Amanda and the girls for approximately a month; thereafter, he was unable to contact them in person, by phone, or by mail, despite his repeated efforts. On two occasions, Randall traveled to the girls' last known address in South Carolina to locate them. The evidence indicates that, on one of those trips, upon Randall's arrival, Haag and the mother pretended that no one was home and hid inside their house. Shortly thereafter, they relocated, apparently to keep the girls hidden from their father.

[¶ 6] In February 2008, Amanda sent Randall an application for divorce. Randall did not sign the paperwork because it indicated that they had no children. Later, Randall filed for divorce and

[48 A.3d 209]

sent paperwork to Amanda for her to sign; he never received a response.

[¶ 7] On March 8, 2008, Amanda purported to marry Haag. At the time, both she and Haag were legally married to other people. After the wedding, the two girls started using the last name Haag. Both Haag and Amanda told the girls that they could not contact their father.

[¶ 8] Later, after multiple relocations, which included at least three moves within South Carolina and a residence in West Virginia, Haag, Amanda, and the girls moved to Maine where Haag sought a job as a pastor. Haag and Amanda homeschooled the girls and told people that the girls were Haag's biological children. Haag and Amanda sought public assistance and indicated on the application that Haag had adopted the girls. As part of their application, they produced altered social security cards that showed the girls' last name as Haag.

[¶ 9] Randall learned that the girls were in Maine when his sister found information as to their whereabouts on the Internet. Randall and his sister flew to Maine in April 2010 to locate the girls, who were then ages twelve and nine. At that time, Randall had not seen or heard from them in over two years.

[¶ 10] After arriving in Maine, Randall and his sister drove to Jonesport where Haag, Amanda, and the girls were living. A car was parked in the driveway of the Haag residence, and Randall repeatedly knocked on the front door of the home, but no one answered. Randall and his sister left the house and drove to Machias to rent a motel room. Later that day, they returned to Jonesport. The same car was in the driveway, and it appeared that someone was in the house. Randall and his sister left the property, parked their car on the road near the home, and called the sheriff's department to inform them that they were trying to locate Randall's daughters.

[¶ 11] Later, an officer arrived at the home and spoke to Haag and Amanda. The officer learned that the girls were alone in a motel room in Ellsworth. The officer called the Ellsworth Police Department to check on the girls. The girls were found alone in the motel room with overnight bags packed with clothes and toys. Officers also found a bag in the room that contained a computer, digital camera, digital recorder, and paperwork belonging to Haag. The girls were taken to the Ellsworth Police Department where they were reunited with their father, Randall. The Ellsworth police contacted the Department of Health and Human Services and were told that the girls should remain in Randall's care. The next day, Randall and the girls flew back to Florida, where they have lived since. Randall and Amanda divorced, and Randall was awarded sole parental responsibility for the children.

[¶ 12] Haag was indicted on two counts of kidnapping, pursuant to 17–A M.R.S. § 301(1)(B)(2). He entered a plea of not guilty to both counts. Beginning on February 8, 2011, the matter was tried before a jury in the Superior Court.¹ Over the course of the trial, Randall, the girls, law enforcement officers, and other witnesses testified.

[¶ 13] Both girls testified that their mother and Haag told them that they

[48 A.3d 210]

could not contact their father. The older daughter also testified that her mother and Haag took the girls to the motel in Ellsworth and that Haag drove the car. When asked why they were brought to the motel, the older daughter...