February 10, 2016.
Drake, Esq., Drake Law, LLC, Auburn, for appellant Bethmarie
Maloney, District Attorney, and Frayla Schoenfeld, Asst.
Dist. Atty., Prosecutorial District IV, Augusta, for appellee
State of Maine.
argument: Jamesa Drake, Esq., for appellant Bethmarie
Schoenfeld, Asst. Dist. Atty., for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
[¶1] Bethmarie Retamozzo appeals from a
judgment of conviction for two counts of criminal restraint
by a parent (Class C), 17-A M.R.S. § 303(1)(A) (2015),
entered in the Superior Court (Kennebec County, Horton,
J. ) following a one-day jury trial. She argues that the
court erred by failing to declare a mistrial on its own
initiative after Retamozzo's mother testified that she
had visited Retamozzo in jail. Discerning no error or
prejudice to Retamozzo, we affirm the conviction.
[¶2] Viewed in the light most favorable to
the State, the record establishes the following facts.
See State v. Cote, 2015 ME 78, ¶ 2,
118 A.3d 805. At the time of the incident leading to
Retamozzo's arrest, her mother had full guardianship of
two of Retamozzo's children, both under the age of
sixteen, and Retamozzo had rights of supervised contact.
[¶3] On August 15, 2013, Retamozzo called
her mother and asked for permission to take the children to
the Skowhegan Fair. The mother agreed. Retamozzo also
contacted the court-designated visit supervisor and asked if
she would be willing to supervise a visit at a local
park--not at the Skowhegan Fair--that same day. Retamozzo and
the supervisor met at a local business, then drove together
to Retamozzo's mother's house in the supervisor's
vehicle to pick up the children. When they arrived,
Retamozzo's mother told Retamozzo to return the children
later that afternoon. Retamozzo's mother also noted that
the supervisor did not have enough child car seats in her
vehicle, so Retamozzo, the supervisor, and the children
returned to the local business to get Retamozzo's
vehicle, which was ...