Argued October 8, 2014.
On the briefs:
Joseph P. Belisle, Esq., Bangor, for appellant David M. Wyman; R. Christopher Almy, District Attorney, and Tracy Collins Lacher, Asst. Dist. Atty., Prosecutorial District V, Bangor, for appellee State of Maine.
At oral argument: Joseph P. Belisle, Esq., for appellant David M. Wyman Tracy Collins, Asst. Dist. Atty., for appellee State of Maine.
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.[*]
[¶1] David M. Wyman appeals from a judgment of conviction of perjury (Class C), 17-A M.R.S. § 451(1)(A) (2014), entered by the trial court ( Anderson, J.) after a jury trial. David contends that the State failed to present direct evidence of the falsity of his testimony that gave rise to the perjury charge and that the evidence was therefore insufficient to support his conviction. He also argues that the court abused its discretion in admitting cell phone billing records. We reject David's contentions and affirm his conviction.
[¶2] On April 20, 2011, Jeffrey P. Wyman was arrested for operating under the influence (OUI). After a jury trial, Jeffrey was found not guilty. Jeffrey and his son, David Wyman, both testified during the OUI trial, and it is this testimony that gave rise to the instant perjury case.
[¶3] During the OUI trial, Jeffrey testified that on April 20, 2011, he was driving his wife's Cadillac from his home in Millinocket to David's home in Orono when he lost control of the vehicle due to snowy driving conditions and went off the interstate near Argyle at mile marker 204. Jeffrey testified that he went off the road at 9:38 a.m., called David twice at 9:45 a.m., was unable to reach him, and left a message. He testified that David called him back at 10:59 a.m. and that he then asked David to call a tow truck. Jeffrey testified that he became bored and drank eight beers on the side of the road while waiting for the tow truck, and that he called David at 12:03 p.m. to check on the status of the tow truck. He acknowledged that he was inebriated when police officers arrived at the scene shortly after the 12:03 p.m. phone call, but asserted that he had not been impaired while he was driving.
[¶4] David's testimony during the OUI trial largely corroborated Jeffrey's. David testified that he was expecting a visit from Jeffrey on April 20, 2011. He testified that, around 10:00 a.m., he began to wonder where Jeffrey was, checked his phone, and saw that he had two missed calls and two voice messages from Jeffrey. David testified that he called Jeffrey back at 10:59 a.m., at which point Jeffrey told him that he was off the road and asked him to call a tow truck. David testified that his then-roommate was present at the time and that his roommate's phone was used to call 4-1-1 to get the number for Union Street Towing, and then to call Union Street Towing, sometime between 10:59 a.m. and 12:03 p.m. David testified that he called Jeffrey at 12:03 p.m. to let him know that a tow truck was on its way.
[¶5] After Jeffrey was acquitted of OUI in January 2012, the State began an investigation into whether Jeffrey and David had testified falsely during the OUI trial. In September 2012, both father and son were indicted for perjury. David was accused of falsely testifying that when he called Jeffrey at 10:59 a.m., Jeffrey reported that he had gone off the road and asked him to call a tow truck. He was also accused of falsely testifying that his ...