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State v. Maderios

Supreme Court of Maine

October 18, 2016

STATE OF MAINE
v.
ANDREW B. MADERIOS

          Argued: September 14, 2016

         On the briefs:

          Leonard I. Sharon, Esq., Leonard I. Sharon, Esq., P.C., Auburn, and Elliott L. Epstein, Esq., Andrucki and King, Lewiston, for appellant Andrew B. Maderios

          Maeghan Maloney, District Attorney, Prosecutorial District IV, Skowhegan, for appellee State of Maine

         At oral argument:

          Leonard I. Sharon, Esq., for appellant Andrew B. Maderios

          Maeghan Maloney, District Attorney, for appellee State of Maine

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

          MEAD, J.

         [¶l] Andrew B. Maderios appeals from a judgment of conviction entered by the trial court (Somerset County, Mullen, J.) after a jury found him guilty of two counts of aggravated assault (Class B], 17-A M.R.S. § 208(1](C] (2014], [1] and two counts of domestic violence assault (Class D], 17-A M.R.S. § 207-A(l](A] (2015]. Maderios contends that the court erred in (1] declining to allow three of the victim's former romantic partners to testify to her alleged propensity to make false accusations when relationships ended against her wishes; (2] admitting, over Maderios's best evidence objection, audio recordings and photographs made by the victim; and (3] declining to order a mistrial as a result of statements made by the prosecutor during the State's closing and rebuttal arguments. We affirm the judgment.

         I. BACKGROUND

         [¶2] On September 4, 2014, Maderios was indicted for alleged crimes committed against the victim, his then-girlfriend. The indictment charged Maderios with three counts of aggravated assault (Class B], 17-A M.R.S. §208(1](C] (Counts I, IV, VI]; one count of aggravated assault (Class B], 17-A M.R.S. § 208(1](A] (2014][2] (Count IX]; four counts of domestic violence assault (Class D], 17-A M.R.S. § 207-A(l](A] (Counts II, V, VII, VIII]; and one count of obstructing report of crime or injury (Class D], 17-A M.R.S. § 758(1](A] (2015] (Count III].

         [¶3] Before trial, Maderios moved to allow two of the victim's former boyfriends and her ex-husband to testify to what Maderios claimed was the victim's pattern of making false accusations when relationships ended on terms not to her liking. He supported his motion with a detailed offer of proof.

         [¶4] Maderios also moved in limine, relying on M.R. Evid. 1002, [3] to exclude audio recordings of alleged assaults that the victim made on her cell phone, as well as photographs of injuries allegedly resulting from those assaults that she took with the phone, all of which were later transferred to her computer before the phone was returned to her cell phone carrier and became unavailable for trial. The State moved in limine, relying on M.R. Evid. 1004(a], [4] to allow the evidence, asserting ...


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