State v. Lacey

• Decision Date: 19 January 2010
• Docket Number: No. DA 09-0133.,DA 09-0133.
• Citation: 224 P.3d 1247,2010 MT 6,355 Mont. 31
• Parties: STATE of Montana, Plaintiff and Appellee, v. John Brandon LACEY, Defendant and Appellant.
• Court: Montana Supreme Court

224 P.3d 1247

2010 MT 6

355 Mont. 31

STATE of Montana, Plaintiff and Appellee, v. John Brandon LACEY, Defendant and Appellant.

No. DA 09-0133.

Supreme Court of Montana.

Submitted on Briefs November 18, 2009.

Decided January 19, 2010.

For Appellant: Joslyn Hunt, Chief Appellate Defender; Tammy A. Hinderman, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Tammy K. Plubell, Assistant Attorney General; Helena, Montana, Marty Lambert, Gallatin County Attorney; Ashley Harrington, Deputy County Attorney; Bozeman, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Appellant John Brandon Lacey (Lacey) appeals from the sentence imposed by the Eighteenth Judicial District Court, Gallatin County, for his conviction on two counts of Sexual Intercourse Without Consent in violation of § 45-5-503, MCA.

¶ 2 We consider the following issues on appeal:

¶ 3 I. Whether the District Court erred by denying Lacey's motion to dismiss for a violation of his constitutional right to a speedy trial.

¶ 4 II. Whether the District Court erred by denying Lacey's motion in limine and allowing the State to present evidence that Lacey provided intoxicating substances and made sexual advances to young men other than the named victim.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 5 This case arises out of Lacey's alleged sexual intercourse without consent with J.G. While the facts are generally not in dispute, we review those facts that are relevant to the issues presented on appeal. During the spring of 1997, Lacey moved from Bozeman, Montana to Southern California where he lived with his aunt and cousin for approximately three months. Unable to find work, Lacey moved to Texas where his mother and family ranch were located. In August 1997, Lacey briefly returned to Bozeman, collected his belongings and returned to Texas. While in Texas, Lacey received letters from his son and daughter in Bozeman indicating that there were rumors and allegations that Lacey had engaged in "inappropriate [sexual] behavior" with several of his former Bozeman employees. Lacey responded to these allegations in a letter to his daughter indicating that the rumors were untrue and that he had not been involved in any inappropriate behavior. He also indicated that he believed he was dying of cancer and that he was going to Mexico to seek treatment. Nevertheless, in November 1997, some six months after Lacey left Montana, the Gallatin County Sheriff's Office began investigating allegations that Lacey had sexually abused one or more young men whom he had befriended and employed.

¶ 6 In February 1998, the Gallatin County Sheriff's Office submitted its investigation to Deputy Gallatin County Attorney Jane Mersen (Mersen) for prosecution. As Lacey was not in Gallatin County at the time, a detective was employed to locate him. On February 10, 1998, law enforcement requested assistance from the Rocky Mountain Information Network (RMIN) in locating Lacey. RMIN searched for criminal history, civil filings, driver's license inquiries, recent addresses and utility records in Lacey's name. Despite this extensive search, the only information RMIN found was that Lacey owned property in Alice, Texas which was subject to a federal tax lien. A trace based on credit also revealed two post office boxes for Lacey in Alice, Texas. On April 7, 1999, having failed to locate him for questioning, Gallatin County charged Lacey by Information with two counts of sexual intercourse without consent. The Information alleged Lacey knowingly had sexual intercourse without the consent of J.G., a male over the age of sixteen. The county attorney obtained a warrant and extradition request indicating that, if another jurisdiction arrested Lacey, the State of Montana would extradite him. The warrant and extradition request were input onto the National Criminal Information Center (NCIC) database. On April 9, 1999, Mersen also met with Lacey's daughter and ex-wife who both informed Mersen that they believed Lacey was in Mexico. This information was relayed on to the Gallatin County Sheriff's Office to aid in their search for Lacey. Despite this information, neither the detective working on the case nor the Gallatin County Sheriff's Office attempted to contact United States Border Patrol. While these events were unfolding in Montana, Lacey had been on the move.

¶ 7 After spending time in Texas, Lacey moved to California and then Mexico where he allegedly saw a doctor regarding what he believed to be testicular cancer. After working for several months on sailing boats in Mexico, Lacey found employment sailing back up the Baja Peninsula to San Diego, California. Over the next four years, Lacey moved back and forth between Catalina, California and Mexico, working on sailing and fishing boats and as a caretaker for various properties. During this time Lacey was paid in cash and did not own or rent property in his name. He also crossed the U.S./Mexico border multiple times using his Montana driver's license for identification purposes. In February 2003, Lacey purchased a vehicle in Arizona and moved to Las Vegas, Nevada where he obtained a job selling outdoor barbecues and kitchens.

¶ 8 In 2005 the Gallatin County Sheriff's Office received information that Lacey had obtained a car salesman's license in Nevada but that he had been fired from the dealership where he worked. Nevada law enforcement attempted to locate and serve Lacey with the Montana warrant but was unable to locate him. In fact Lacey, who had started a hot sauce company registered in his name with the State of Nevada, had moved to Arizona where the hot sauce bottler was located. On November 8, 2007, Lacey was arrested in Flagstaff, Arizona after he was "picked up" on the NCIC database.

¶ 9 After his arrest in Arizona, Lacey was returned to Montana and made his initial appearance on December 3, 2007. After the omnibus hearing was continued six times at Lacey's request, it was finally held and trial was scheduled for October 7, 2008. The Omnibus Hearing Order indicated that, pursuant to M.R. Evid. 404(b) and § 46-13-109, MCA, the State did not intend to introduce evidence of other crimes, wrongs or acts and that Lacey intended to file a motion in limine. The District Court ordered that the motion "shall be filed on or before June 13, 2008." On June 13, 2008, Lacey filed a motion to dismiss arguing that the State of Montana failed to "provide [him] with a speedy trial guaranteed by the Montana and Federal Constitutions." In its order denying Lacey's motion to dismiss, the District Court addressed the balancing test this Court laid out in State v. Ariegwe, 2007 MT 204, 338 Mont. 442, 167 P.3d 815, and concluded that:

In light of the evidence indicating that the Defendant deliberately avoided being brought to trial in this matter, the authority cited herein requires the Court to attribute the majority of pretrial delay to the Defendant. Consequently ... the Defendant's speedy trial challenge is without merit.

On October 1, 2008, Lacey also filed a motion in limine to exclude evidence of "other bad acts" including evidence showing he provided intoxicating substances to and made sexual advances on young men other than J.G. During the pretrial conference, the District Court denied the motions reasoning that, having been filed after the June 13, 2008 deadline, they were untimely. The District Court also adopted the State's argument on the merits, concluding that the evidence was admissible pursuant to the transaction rule.

¶ 10 Ultimately, the jury returned a verdict of guilty on both counts of sexual intercourse without consent and Lacey was sentenced to 20 years in Montana State Prison with 10 years suspended to be served consecutively for each count. Lacey appeals.

STANDARD OF REVIEW

¶ 11 In order to address a speedy trial claim a district court must first make findings of fact. Ariegwe, ¶ 119 This Court reviews those factual findings to determine whether they are clearly erroneous. Ariegwe, ¶ 119 A district court's factual findings are clearly erroneous if they are not supported by substantial credible evidence, if the court has misapprehended the effect of the evidence, or if a review of the record leaves this Court with the definite and firm conviction that a mistake has been made. Ariegwe, ¶ 119; Ray v. Nansel, 2002 MT 191, ¶ 19, 311 Mont. 135, 53 P.3d 870. While the factual findings are reviewed under the clearly erroneous standard, whether those facts amount to a violation of the defendant's right to a speedy trial is a question of constitutional law. Ariegwe, ¶ 119 We review a district court's conclusions of law de novo to determine whether the court's interpretation and application of the law are correct. Ariegwe, ¶ 119

¶ 12 A district court's decision to grant or deny a motion in limine is reviewed for an abuse of discretion. State v. Ayers, 2003 MT 114, ¶ 23, 315 Mont. 395, 68 P.3d 768. In exercising its discretion, however, the trial court must abide by the Rules of Evidence or applicable statutes. As such, to the extent a district court's ruling is based on an interpretation of an evidentiary rule or statute, our review is de novo. State v. Derbyshire, 2009 MT 27, ¶ 19, 349 Mont. 114, 201 P.3d 811.

DISCUSSION

¶ 13 I. Whether the District Court erred by denying Lacey's motion to dismiss for a violation of his constitutional right to a speedy trial?

¶ 14 It hardly bears repeating that "[a] criminal defendant's right to a speedy trial is guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and by Article II, Section 24 of the Montana Constitution." Ariegwe, ¶ 20. When confronted with a speedy trial claim, we consider the following four factors to determine if the defendant's constitutional right has been violated: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's responses to the delay; and (4)...