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State v. Retamozzo

Supreme Judicial Court of Maine

March 22, 2016

STATE OF MAINE
v.
BETHMARIE RETAMOZZO

         Argued February 10, 2016.

         On the briefs:

          Jamesa Drake, Esq., Drake Law, LLC, Auburn, for appellant Bethmarie Retamozzo.

         Maeghan Maloney, District Attorney, and Frayla Schoenfeld, Asst. Dist. Atty., Prosecutorial District IV, Augusta, for appellee State of Maine.

         At oral argument: Jamesa Drake, Esq., for appellant Bethmarie Retamozzo.

         Frayla Schoenfeld, Asst. Dist. Atty., for appellee State of Maine.

         Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

         OPINION BY: HUMPHREY

          OPINION

Page 99

          HUMPHREY, J.

          [¶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.

         I. BACKGROUND

          [¶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 ...


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