Argued: December 10, 2014.
James T. Lawley, Esq., Lipman & Katz, P.A., Augusta, for appellant James D. Graham.
Geoffrey A. Rushlau, District Attorney, and Patricia A. Mador, Asst. Dist. Atty., Office of the District Attorney, Bath, for appellee State of Maine.
James T. Lawley, Esq., for appellant James D. Graham.
Patricia A. Mador, Asst. Dist. Atty., for appellee State of Maine.
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.
[¶1] James D. Graham appeals from a judgment of conviction of attempted kidnapping (Class B), 17-A M.R.S. § § 152(1)(B), 301(1)(B)(2) (2014), and assault (Class D), 17-A M.R.S. § 207(1)(A) (2014), entered in the trial court ( Horton, J.) after a bench trial. Graham contends that the court erred in analyzing the defense of mental abnormality, see 17-A M.R.S. § 38 (2014), and that the evidence was insufficient to support his conviction. We conclude that the court applied the correct analysis in determining whether evidence of a mental abnormality negated Graham's culpable state of mind, and that there was sufficient evidence presented at trial for the court to find him guilty beyond a reasonable doubt. We therefore affirm Graham's conviction.
[¶2] Viewed in the light most favorable to the State, the evidence admitted at trial establishes the following facts. See State v. Perkins, 2014 ME 159, ¶ 2, 107 A.3d 636.
On May 22, 2013, a woman drove to the Bowdoinham Park & Ride with her two-year-old grandson to meet her daughter, the child's mother. The grandmother arrived at the Park & Ride before the mother and backed into a parking space. When the mother arrived, she parked next to the grandmother.
[¶3] The mother was followed closely by an SUV, which parked on the other side of the grandmother's car. When the grandmother and the mother exited their vehicles, the driver of the SUV, James Graham, rolled down his window and tried to converse with them. The women had never seen the driver or his SUV before. Graham exited the SUV and approached the grandmother's car.
[¶4] The grandmother removed the child from her car and placed him in the space between her and the mother's cars. While the women talked, the child walked behind the grandmother, within the mother's line of sight. The grandmother observed a " terrible" look come over the mother's face, turned around, and saw Graham on his knees with his hands extended to the child.
[¶5] The grandmother picked up the child and put him on her hip. Graham then grabbed the child's forearm and said angrily, " I'm taking him home with me tonight." The grandmother responded, " No, you're not," and Graham repeated himself. Maintaining his grip on the child, he said, " You don't understand. You have no choice. He's mine now. There's nothing you can do about it." Graham pulled forcefully on the child's forearm, but the ...