State v. Martin

• Citation: 44 P.3d 805,2002 UT 34
• Decision Date: 29 March 2002
• Docket Number: No. 20000853.,20000853.
• Parties: STATE of Utah, Plaintiff and Appellee, v. Jeffrey Dean MARTIN, Defendant and Appellant.
• Court: Supreme Court of Utah

44 P.3d 805

2002 UT 34

STATE of Utah, Plaintiff and Appellee, v. Jeffrey Dean MARTIN, Defendant and Appellant.

No. 20000853.

Supreme Court of Utah.

March 29, 2002.

Mark L. Shurtleff, Att'y Gen., Marian Decker, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Scott C. Williams, Linda M. Jones, Salt Lake City, for defendant.

AMENDED OPINION

RUSSON, Associate Chief Justice.

¶ 1 Defendant Jeffrey Dean Martin ("Martin") appeals the denial of his motion for a new trial, which was based on new evidence discovered following our remand order in State v. Martin, 1999 UT 72, 984 P.2d 975 ("Martin I"). Prior to our remand order, a jury convicted Martin of rape, a first degree felony, in violation of Utah Code Ann. § 76-5-402 (1999), aggravated kidnaping, a first degree felony, in violation of Utah Code Ann. § 76-5-302 (1999), and three counts of forcible sodomy, also a first degree felony, in violation of Utah Code Ann. § 76-5-403(2) (1999). We reverse and remand.

BACKGROUND

I. TRIAL

¶ 2 This case arises from events that occurred on the night of December 29, 1996, for which the State charged Martin with rape, kidnaping, and three counts of forcible sodomy. The sole evidence introduced at trial of Martin's actions that night were the conflicting accounts given by Martin's victim, Lorraine Egan ("Egan"), and Martin himself.¹

A. Egan's Testimony

¶ 3 According to Egan, Martin's attack began just after 7:00 p.m. when she arrived at a grocery store near her home to purchase prepackaged potatoes, which her family had sent her to buy as a last-minute addition to their dinner, and two candles for a "meditation technique" she and her sister had previously discussed trying. After completing her purchase, Egan walked to the store's parking lot to retrieve her car and drive home. Just as she was starting her car, however, Egan noticed Martin approaching the side of her vehicle, waving to her. Egan responded by cracking her car door open in order "to hear what [Martin] was going to say." Martin told Egan that he had observed someone break into her car, take something, and place it in a nearby pickup truck. When Egan heard this, she turned off her engine and stepped out of the vehicle "to see if someone had been in [her] car." Then, as Egan was standing in the parking lot, Martin put a gun to her stomach and forced her "to get back into the car" and "slide to the passenger's side."

¶ 4 In the car, Martin told Egan that if she did not "scream or try to get away, ... he would let [her] go." Martin then handcuffed Egan's arm to his and ordered Egan to restart the car. Following Martin's orders, Egan turned the car's ignition key, and Martin drove out of the grocery store parking lot. After traveling approximately eight blocks, Martin stopped the car "in a parking lot right behind the [local] police station," where Martin commanded Egan to perform oral sex on him. Egan complied with this demand because she "was afraid of what [Martin] would do" to her if she "didn't do as he [said]." Thereafter, Martin drove back to the grocery store where he had abducted Egan.

¶ 5 Upon returning to the grocery store, Martin maneuvered the car into a stall near his semitrailer truck, which was parked at the edge of the grocery store lot. Martin next led Egan into his truck, removed the handcuff from his arm, and placed it on the gearshift inside his truck. Asking Egan the location of the nearest freeway, Martin then drove his truck north and west to a deserted area, where he eventually parked on the side of the road.

¶ 6 Once Martin had parked his truck, he began inquiring into Egan's personal life, repeatedly asking questions about her family, job, and living situation. While asking these questions, Martin was simultaneously attempting to remove the handcuffs from the truck's gearshift and Egan's wrist. In the process of removal, however, the key to the handcuffs broke, and Martin therefore unlocked the restraints with matchsticks. Having removed the handcuffs, Martin instructed Egan to lie down on the bed in the back of his truck.

¶ 7 On the bed, Martin "told [Egan] to put [her] arms around him." Martin then kissed Egan on the mouth and ordered her to perform oral sex on him, which she did despite the fact that she did not "want to." After "five [to] ten minutes," Martin pushed Egan off of him and told her to remove her clothes. Martin next "put his mouth on [Egan's] vagina" on two separate occasions, ordered Egan to sit on his face and perform oral sex again, and, ultimately, engaged in vaginal intercourse with Egan.

¶ 8 Following the events on the bed, Martin placed his hand on Egan's throat and stated three times, "You know, I can't let you go. I can't trust you, that you won't tell." Immediately thereafter, Martin removed a stun gun from a cabinet in his truck, "showed [Egan] how it worked, and ... handed it to [Egan]." Upon receiving the stun gun, Egan backed away from the bed and toward the door of the truck. Seeing this, Martin stood up, began walking toward Egan, and stated, "Don't do this." Egan then attempted to use the stun gun on Martin's neck, but Martin grabbed Egan's wrist and ordered her to drop the weapon. After Egan dropped the stun gun, Martin pulled out the handgun he had used to abduct her, showed her that it was loaded, and "handed [her] the gun." Again armed, Egan pointed the gun at Martin and pulled the trigger. The gun, however, failed to fire, so Martin instructed Egan "to point the gun at his chest" and shoot him because he "knew what all the other people would do to him" in prison. Egan declined, handed the gun back to Martin, and informed him that she wanted to go home.

¶ 9 Thereafter, Martin began rummaging through Egan's wallet. After he finished, Martin forced Egan to write down her contact information on a sheet of paper. Once Egan had written down her contact information, Martin gave her seventy dollars because "he was sorry [for] what he did" and because he wanted to "help [Egan] out." Martin also told Egan that if he "could see [her] again," he would let her go. Accordingly, Egan agreed to date Martin in the future and arranged to have him call her at work the next day.

¶ 10 Believing he had convinced Egan that they should continue their relationship in the future, Martin told Egan to get dressed. Martin then began driving back to the grocery store. On the drive, Martin volunteered various personal information about himself. Egan, in a continuing effort to maintain Martin's trust, participated in the exchange, asking Martin about his zodiacal sign, describing her "interest in fantasy things and dragons," and accepting a stuffed toy dragon that Martin presented to her as a gift. Martin also told Egan about the trucking company for which he was working and showed her the "name of the company" on the side of his truck.

¶ 11 Before they reached the store, Martin drove Egan to a payphone, where she called her family and explained that she had not yet returned from the grocery store because, as Martin had urged her to say, she met a friend who had purchased a new car, they had gone for a ride, but the car had malfunctioned. After the phone call, Martin and Egan walked back to the truck, where Martin informed Egan that he "wanted to [buy her] a house" and "support" her because he "wanted someone to cook for him and clean his truck." Subsequently, at approximately 10:00 p.m., Martin returned Egan to her car. As she left, Martin stated to her, "We started this way. We should end this way." Egan then drove home.

B. Martin's Testimony

¶ 12 Following the State's case in chief, Martin took the witness stand to testify to his version of what occurred on the night of December 29, 1996. According to Martin, his entire encounter with Egan was consensual and mutual:

¶ 13 Martin stated that he had been at the grocery store for approximately one hour when he first "exchanged eye contact" with Egan as he was walking out of, and she was walking into, the store. From this brief encounter, Martin decided that he wanted to meet Egan because he "liked [her] smile" and thought she "was pretty."

¶ 14 Accordingly, Martin approached Egan at her car when she exited the grocery store. Although "nervous" and "stuttering" to a degree, Martin waved at Egan and stated, "Hi, my name is Jeff." Egan was "a little startled" by Martin's initial approach, but as their discussion at her car progressed, she became "relaxed" and "open" and started smiling. Eventually, Martin noticed that Egan was shivering and, because it was cold outside, suggested that they move inside his truck to continue their conversation.

¶ 15 During their conversation in his truck, Martin asked Egan if she wanted to accompany him on a drive. Egan responded that she "should be getting home," but indicated that she would like to go along regardless. Although neither Martin nor Egan was "really ... paying attention to exactly where [they] were going" on the drive, Martin ultimately parked the truck under a street light on a road off the highway.

¶ 16 Having parked, Martin and Egan continued the conversation they had been engaging in throughout the drive. Egan asked Martin what his zodiacal sign was, "told [Martin] her sign," and informed Martin that their signs were "really compatible." Egan also explained to Martin the location of various astrological constellations, which they could see through an opening in the roof of the truck's cab. After viewing these constellations for "a while," Martin suggested that he and Egan move to his bed in the back of the truck, which would be more "comfortable" than remaining in their present location in the front of the truck.

¶ 17 On the bed, Martin and Egan continued "looking at the stars, [engaging in] more small talk," and exchanging information about their personal lives. As this conversation progressed, however, it soon evolved into "mutual" physical contact between both Martin and Egan, including hand holding,...