March 3, 2016.
J. Doherty, Esq., South Portland, for appellant Holly
Anderson, District Attorney, and Michael Madigan, Asst. Dist.
Atty., Prosecutorial District No. Two, Portland, for appellee
State of Maine.
argument: Kevin G. Moynihan, Esq., Fairfield & Associates,
P.A., Portland, for appellant Holly Morrison.
Madigan, Asst. Dist. Atty., for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
[¶1] Holly Morrison appeals from a judgment
of conviction of one count of gross sexual assault (Class A),
17-A M.R.S. § 253(1)(B) (2015), and three counts of
endangering the welfare of a child (Class D), 17-A M.R.S.
§ 554(1)(C) (2015), entered in the Unified Criminal
Docket (Cumberland County, Moskowitz, J. ) after a
jury trial. Because we conclude that the court properly
excluded testimony relating to Morrison's involuntary
conduct defense, we affirm.
[¶2] We view the evidence in the trial
record in the light most favorable to the State, to determine
whether a jury could rationally have found the following
facts beyond a reasonable doubt. See State v.
Begin, 2015 ME 86, ¶ 2, 120 A.3d 97.
[¶3] In October 2013, Morrison and her
boyfriend, Donald Cass, engaged in multiple acts of gross
sexual assault against Morrison's then thirteen-year-old
daughter. Morrison has an extensive history of being sexually
abused at the hands of family, foster siblings, and domestic
[¶4] At trial, Morrison never denied the
contact constituting the elements of the alleged
crimes, but she did raise a defense of
involuntary conduct. In this effort, Morrison attempted to
call a licensed counselor to testify that her history of
being abused made her conduct involuntary. Morrison's
attorney explained to the court that the counselor was "
in the best position to explain ...