Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Egrindle

Supreme Court of Maine

May 4, 2017

STATE OF MAINE
v.
ROGER E. GRINDLE

          Submitted On Briefs: February 10, 2017

         Reporter of Decisions

          Rory A. McNamara, Esq. (orally), Drake Law, LLC, Berwick, for appellant Roger E. Grindle

          Toff Toffolon, Asst. Dist. Atty. (orally), Office of the District Attorney, District VII, Ellsworth, for appellee State of Maine

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

          SAUFLEY, C.J.

         [¶1] Roger E. Grindle appeals from a judgment of conviction for gross sexual assault (Class A), 17-A M.R.S. § 253(1)(A) (2016); assault (Class D), 17-A M.R.S. § 207(1)(A) (2016); domestic violence criminal threatening (Class C), 17-A M.R.S. § 209-A(1)(B)(1) (2016); and criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1) (2016), entered by the trial court (Hancock County, Murray J.) after a jury trial. He challenges the court's exclusion of one of his statements from a recorded interview with police that was admitted at trial.[1]We affirm the judgment.

         I. BACKGROUND

         [¶2] "Viewing the evidence in the light most favorable to the State, the jury could rationally have found the following facts beyond a reasonable doubt." See State v. Begin, 2015 ME 86, ¶ 2, 120 A.3d 97 (quotation marks omitted).

         [¶3] Grindle and the victim were involved in a domestic relationship and were living together. During an argument in their bedroom on January 31, 2015, Grindle grabbed the victim's hand and burned it with a lighter. The victim hit him in his side, and he struck her across the face. Grindle then started hitting her and punching her in the chest. The victim tried to get away, but Grindle threw her down on the bed and the floor several times. While the victim was on the floor, Grindle kicked her in her side.

         [¶4] At some point, the victim tried to collect her things so that she could leave. Grindle blocked the door and told her that if she "tried to leave, he would drag [her] out in the snow, put [her] in [her] car, and watch [her] burn alive." The victim went into the bathroom, and Grindle followed her. He told her that she was not going to leave; that he had no recollection of scratching or bruising her; that he "blacks out when he gets angry"; and that if she had "shut up when he told [her] to, then it could all have been avoided."

         [¶5] Grindle begged the victim to lie down in the bedroom and watch a movie, which she did. Grindle lay down with her and started rubbing her back and trying to put his hands down her pants. The victim moved his hand away and told him to stop. He told her that they "had to have sex because it could be [their] last time." He continued trying to put his hands down her pants, and she kept trying to get his hand away. Finally, he pulled her pants down and "put his penis inside of [her] vagina." The victim was crying, and Grindle told her that she "needed to stop crying because [she] was making him feel like he was raping [her]." Grindle had his hand around her throat and was "pulling [her] hair." Grindle "finished the sex act" at around 5:45 a.m. on February 1, 2015, and told the victim to go to sleep.

         [¶6] Several days later, the victim went to the police and made a written report. Police conducted a recorded interview with Grindle on February 7, 2015, at the end of which they arrested him. Two days later, Grindle was charged by complaint, and on August 6, 2015, he was indicted for gross sexual assault (Class A), 17-A M.R.S. § 253(1)(A); aggravated assault (Class B), 17-A M.R.S. § 208(1)(C) (2015);[2] domestic violence criminal threatening (Class C), 17-A M.R.S. § 209-A(1)(B)(1); and criminal restraint (Class D), 17-A M.R.S. § 302(1)(B)(1). He pleaded not guilty to the charges on August 14, 2015, and nine months later, in May 2016, the court conducted a jury trial.

         [¶7] At trial, a video recording of Grindle's interview with the State Police was admitted in evidence. Grindle originally sought the admission of the interview, and the State eventually indicated that it was offering the recording as well. The State objected only to the admission of a single statement in the recorded interview in which Grindle told the interviewing officer that "[the victim] likes it rough." See M.R. Evid. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.