State v. Williams

52 A.3d 911

2012 ME 63

STATE of Maine

v.Jeffrey L. WILLIAMS.

Docket No. Yor–10–578.

Supreme Judicial Court of Maine.

Argued: Feb. 16, 2012.

Decided: May 3, 2012.

Joel Vincent, Esq. (orally), Vincent, Kantz, Ruffner & Pittman, LLC, Portland, on the briefs, for appellant Jeffrey Williams.

William J. Schneider, Attorney General, and Donald W. Macomber (orally), Asst. Atty. Gen., Augusta, on the briefs, for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] Jeffrey L. Williams appeals from a judgment convicting him of intentional or knowing murder, 17–A M.R.S. § 201(1)(A) (2011),¹ and conspiracy to commit murder (Class A), 17–A M.R.S. § 151(1)(A) (2011), ² entered in the Superior Court (York County, Brennan, J.) following a joint jury trial.³

[¶ 2] Williams argues that (1) he was denied a fair trial when the court denied his motion to sever the trial, or, in the alternative, to hold a joint trial but with a separate jury for each defendant; (2) the court erroneously prohibited cross-examination of a cooperating witness regarding his prior arrests; (3) the prosecutor improperly vouched for the cooperating witness's credibility; and (4) the evidence was insufficient to support the convictions of murder and conspiracy to commit murder. We affirm Williams's convictions.

I. CASE HISTORY

[¶ 3] Viewing the evidence in the light most favorable to the State, the jury rationally could have found the following facts beyond a reasonable doubt. See State v. Townsend, 2009 ME 106, ¶ 2, 982 A.2d 345.

[¶ 4] In the late hours of June 19, 2008, and into the early morning hours of June 20, Jeffrey Williams, Darlene George, and Rennie Cassimy staged a simulated home invasion and killed George's husband.

[¶ 5] George owned several parcels of real estate in Maine and in New York City. She had discovered that the victim was having an extramarital affair and was concerned that the victim was planning to divorce her. To avoid dividing her marital property in a potential divorce, George informed Cassimy, with whom she was having an extramarital affair, that the victim “[h]ad to go” and she “wanted him out.” George recruited Cassimy and Williams, her brother, to help kill the victim. Both Williams and Cassimy lived in or near New York City. George, Williams, and Cassimy planned and discussed the details of the home invasion and murder in New York approximately one week prior to the murder.

[¶ 6] On June 19, 2008, Williams and Cassimy traveled by bus from New York City to Portland. Security cameras at the Portland Transportation Center recorded Williams, who was wearing a burgundy football jersey, and Cassimy exiting the bus upon arrival. At approximately 4:30 p.m., George picked them up some distance from the bus terminal to avoid being recorded on the security cameras. After purchasing beer, George dropped Williams and Cassimy off at a motel near her house in Old Orchard Beach.

[¶ 7] As planned, at approximately 6:00 p.m., George took her thirteen-year-old son from a previous marriage on a series of errands. With the victim at work until after 12:00 a.m., the Georges' house was empty. From the motel, Williams and Cassimy walked to the Georges' house, entered, and prepared to execute their plan. Earlier that day, George had purchased two masks and a camouflage backpack for Williams and Cassimy to use during the home invasion. Williams and Cassimy could not locate the masks in the house. Instead, they covered their faces with black nylon stockings that they found in the house and put on latex gloves that George had left for them.

[¶ 8] Proceeding with the plan, George and her son returned home at approximately 11:00 p.m. Williams grabbed George's son, took him to the adults' bedroom, and tied him up with a sheet on the bed. George was taken to the same room and tied up with a sheet. Williams and Cassimy, who were using fake accents, demanded drugs and money.

[¶ 9] The victim returned home from work at approximately 1:00 a.m. Shortly after the victim entered the home, Williams punched him in the face and dragged him down to the basement. George and her son could hear the victim being attacked and then dragged to the basement. Once in the basement, Williams proceeded to hog-tie the victim with a synthetic rope and forced a plastic bag over his head. The victim died from asphyxiation. To confirm that the victim was dead, Cassimy cut a hole in the plastic bag and poured rum down his throat to see if he would react. After the victim failed to react, Cassimy left the bottle lodged in his throat.

[¶ 10] Williams and Cassimy left the house, took the victim's car, and abandoned it in a nearby restaurant parking lot. Later that morning, Williams and Cassimy took a cab to Portland and returned to New York by bus. [¶ 11] At approximately 5:45 a.m., George called 911 and reported a robbery. Later that day, George provided details about the alleged home invasion during interviews with police officers. George described three assailants, all with black nylon stockings covering their faces, to the officers: (1) a man wearing a brown professional sports jersey; (2) a man wearing a blue t-shirt; and (3) a man wearing a burgundy polo shirt or t-shirt.

[¶ 12] Before there were any indictments in the case, George testified, pursuant to subpoenas, before the York County grand jury on July 7, 2008, and on September 2, 2008. At the July proceeding, George again described the three assailants as wearing a brown jersey, a blue t-shirt, and a burgundy t-shirt; however, George stated that the brown jersey was similar to a football jersey with writing on the back. By the time of her grand jury appearance on September 2, George was a focus of the State's investigation as a potential suspect in the homicide.

[¶ 13] On September 5, 2008, Williams and Cassimy were indicted for intentional or knowing murder, 17–A M.R.S. § 201(1)(A), or depraved indifference murder, 17–A M.R.S. § 201(1)(B). A superseding two-count indictment was filed on March 4, 2009, containing counts for murder, 17–A M.R.S. § 201(1)(A), (B), and conspiracy to commit murder, 17–A M.R.S. § 151(1)(A). Williams and Cassimy pleaded not guilty to both counts.

[¶ 14] On March 4, 2009, George was indicted for intentional or knowing murder, 17–A M.R.S. § 201(1)(A), or depraved indifference murder, 17–A M.R.S. § 201(1)(B), and conspiracy to commit murder, 17–A M.R.S. § 151(1)(A). George pleaded not guilty to both counts.

[¶ 15] In March 2009, the State filed a notice of joinder, pursuant to M.R.Crim. P. 8(b), to join Williams, George, and Cassimy for trial. On August 3, 2009, Williams moved, pursuant to M.R.Crim. P. 8(d), to sever the trials. The grounds for his motion were the anticipated offering by the State of (1) George's statements that were made pre-conspiracy; (2) George's statements to the officers on the morning of June 20, 2008; and (3) George's grand jury testimony. If the court deemed the severance of the joint trial unnecessary, Williams requested that the court consider conducting one trial but with separate juries.⁴ After a hearing, the court denied Williams's motion to sever and, in turn, his request for one trial with separate juries. The court also determined by a preponderance of the evidence that George's interviews with the officers on June 20, 2008, were in furtherance of the conspiracy. This determination meant that George's statements to the police on June 20, 2008, could be introduced against Williams at trial. See State v. Quirion, 2000 ME 103, ¶ 18, 752 A.2d 170.

[¶ 16] On January 26, 2010, Cassimy entered an agreement to plead guilty to conspiracy to commit murder, 17–A M.R.S. § 151(1)(A), and began to cooperate with the State.

[¶ 17] Williams and George's ten-day trial was held in June 2010. At the trial, Cassimy testified in detail about the codefendants' conspiracy and subsequent execution of their plan. As was her right, George chose not to testify. Williams elected to testify.

[¶ 18] Williams testified that he traveled to Maine with Cassimy on June 19, 2008, in order to spend time with his sister and work on her house. Williams testified that the visit did not go as he had expected; Cassimy and George left Williams in the motel all night. Williams testified that he returned to New York with Cassimy early the next morning without speaking to his sister because he was agitated that she had not spent time with him as planned.

[¶ 19] The jury found Williams and George guilty of murder and conspiracy to commit murder. Williams was sentenced to life in prison for murder and thirty years for conspiracy, to be served concurrently. George was sentenced to forty years for murder and thirty years for conspiracy, to be served concurrently. Both Williams and George timely appealed their convictions. George's conviction is affirmed in a separate opinion issued concurrently with this opinion, State v. George, 2012 ME 64, 52 A.3d 903.

II. LEGAL ANALYSIS

A. Denial of Motion to Sever

[¶ 20] When a trial court acts upon a defendant's motion to sever or the State's motion for joinder, the trial court has “substantial discretion,” and we will uphold its decision “unless it is demonstrated that the decision is an improper exercise of its discretion and prejudice is shown.” State v. Cook, 2010 ME 81, ¶ 15, 2 A.3d 313 (quoting State v. Parsons, 2005 ME 69, ¶ 13, 874 A.2d 875).

[¶ 21] Defendants “who are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting a crime or crimes” may be joined in one trial. M.R.Crim. P. 8(b). Joint trials are favored to “promote economy and efficiency and to avoid a multiplicity of trials, where these objectives can be achieved without substantial prejudice to the right of the defendants to a fair trial.” State v. Lakin, 2006 ME 64, ¶ 8, 899 A.2d 777 (quoting Bruton v. United States, 391 U.S. 123, 132 n. 6, 88 S.Ct. 1620, 20...