State v. Hale

• Decision Date: 13 July 1961
• Citation: 172 A.2d 631,157 Me. 361
• Parties: STATE of Maine v. Clayton Brooks HALE.
• Court: Maine Supreme Court

Page 631

172 A.2d 631

157 Me. 361

STATE of Maine v. Clayton Brooks HALE.

Supreme Judicial Court of Maine.

July 13, 1961.

Richard W. Glass, County Atty., Belfast, for plaintiff.

Harold J. Rubin, Bath, for respondent.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, DUBORD and SIDDALL, JJ.

WEBBER, Justice.

The respondent was tried by a jury and convicted of the offense of 'indecent liberties' with the person of a fourteen year old boy in Waldo County. His exceptions to certain rulings of the presiding justice raise issues to be determined here.

Before considering the exceptions, we must dispose of one other contention not technically before us. Respondent has addressed a motion for a new trial directly to the Law Court. No such motion was addressed to the presiding justice. It is well understood that prior to 1959, the review of criminal cases by the Law Court was by exceptions and, in felony cases, by appeal from the denial of a motion for a new trial seasonably addressed to the presiding justice. State v. Bobb, 138 Me. 242, 25 A.2d 229. As of December 1, 1959 the present rules of civil procedure became effective and in an effect to bring the statutes into reconciliation with these rules, the Legislature in 1959 enacted numerous amendments to existing statutes. These amendments are found in P.L.1959, Ch. 317. Sec. 69 of that chapter, dealing with the jurisdiction of the Law Court, included with other changes the insertion of the word 'criminal' before the phrase 'cases in which there are motions for new trials upon evidence reported by the justice.' We are satisfied that this amendment which on its face created a remedy in criminal cases not available prior thereto was inadvertent and unintended by the Legislature. Our close relationship with the Legislature in attempting to create consistency between statutes and procedural rules promulgated by the court makes it possible for us to hold unequivocably that no change in the review of criminal cases was contemplated or intended. We are satisfied that the Legislature had in mind motions for new trial directed to the presiding justice and appeal therefrom as provided by R.S. Chap. 148, Sec. 30. We conclude that the methods of review available in criminal cases prior to the enactment of P.L.1959, Ch. 317, Sec. 69 remain unchanged.

In view of the possibility of confusion resulting from the amendment, we have carefully examined the record in order to ascertain whether any injustice has resulted to the respondent from the employment of a technically insufficient vehicle of review. In the first instance, counsel for the respondent readily admits, and our examination confirms, that there is ample evidence which, if believed, would support a verdict adverse to the respondent. Counsel contends, however, that the jury was subjected to improper pressure to return a verdict in that they retired at 2:45 P.M. to begin their deliberations and returned a verdict at 2:35 A.M. No motion for a mistrial was made in connection with this issue. Although, as already noted, the matter is not technically before us, we have scrutinized the record to ascertain whether or not any injustice has resulted from the failure of the respondent to follow the proper avenues for review. It is apparent that there was no abuse of discretion on the part of the presiding justice. The trial lasted throughout five full days and ended on the sixth day. Witnesses were brought from other states. The presiding justice was quite justified in giving consideration to the hardship and expense of a retrial both for the state and the respondent. At no time did the jury ask to be discharged from the case or suggest that it was hopelessly deadlocked. On the contrary, it is obvious that the jury was engaged in examining and appraising the evidence until it finally reported. Significant is the fact that at 2:15 A.M. the jury returned to the court room and requested the reading of portions of the evidence by the reporter. Within twenty minutes thereafter, the jury arrived at an unanimous verdict. We find here not the slightest suggestion that the verdict was the product of anything but the claim, deliberate and careful consideration by the jury. If the issue had been properly tendered, we could not have held otherwise.

The first of the two issues actually before us for consideration arises from an exception to the denial of a motion for a change of venue. The facts are not in dispute. A little more than a month before the trial and following the arrest and arraignment of the respondent, a weekly newspaper published in Belfast and having some circulation in Waldo County published an account of the proceedings. In the course of the article, otherwise factually true, there was included this statement 'Authorities allege they have a signed confession, he (the respondent) made at the time.' It is agreed (1) that the statement was untrue, and (2) that none of the 'authorities' charged with the investigation and prosecution of this case had made or authorized any such statement. This was at once a source of concern both to the county attorney and to the counsel for respondent. The latter immediately wrote to the county attorney but his primary interest was to learn whether or not such a written confession existed. The county attorney was dismayed by the falsity of the statement attributed to the 'authorities.' He interviewed the editor and informed him that the statement was erroneous. The editor at once stated that a retraction would be published. He was aware, however, that the respondent had made some sort of confession and the county attorney in the course of the conversation confirmed the fact that an oral confession had been obtained. The editor then of his own volition published a retraction of the previous article as it related to a written confession but added the following: 'Glass (the county attorney) alleged, however, that an oral confession was made to State Police and county law enforcement officers in Augusta by the Rev. Hale.'

This statement at least has the virtue of being the truth and finds ample support in the evidence. Counsel for respondent takes the interesting position that the first and admittedly false statement did not justify a change of venue, but the later story, subsequently demonstrated to be true, was so prejudicial as to compel the relocation of the trial in another county.

News media are fully protected in their right to report the facts of any case as they occur. Difficulty arises, however, whenever there is a publication of what amounts to surmise and conjecture as to what may be offered and admitted as legal evidence at a later trial. We deplore, as do all courts, the giving of statements for publication in advance of trial by public officials as to the nature of what they deem to be evidence in their hands. We have in mind especially the disclosure by prosecuting officials of alleged confessions and admissions which may or may not ultimately pass the rigorous test of admissibility. Any incident which involves what is often termed 'trying the case in the newspaper' or other news media imposes a great and unnecessary burden on courts which are charged with the duty of providing an atmosphere in which a respondent may receive a fair and impartial trial.

Unfortunate as we may deem such incidents to be, we cannot grant that there arises any conclusive presumption of prejudice from such published statements or that there must automatically be a change of venue whenever there is such an occurrence. The law in this respect is wise and realistic. It requires that actual prejudice be shown and leaves decision to the sound discretion of the presiding justice. State v. Bobb, supra. In the case before us the learned justice below took all of...