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She awoke in the morning to Gagne strangling her.[¶8] Later that same day, November 5, 2013, the victim told her parents what had happened. § 207-A(1)(A) (2016); two counts of domestic violence stalking (Class D), 17-A M. On that same day, a jury was selected.[¶11] Gagne moved for sanctions based on the State's delay in obtaining and providing the victim's medical records—one of which noted the presence of blood in the victim's vaginal vault.The victim's mother took her to the hospital, where she was examined by a doctor and where a nurse completed a sexual assault kit. § 253(1)(A) (2016); two counts of domestic violence assault (Class D), 17-A M. He argued that the State had deprived him of the right to discover exculpatory or impeachment evidence in a timely manner, that all or some of the charges should be dismissed, that all or some of the medical evidence should be excluded, or that the trial should be continued.[¶12] The court held an evidentiary hearing on that motion at which the investigating police detective and the District Attorney's trial manager testified. She moved around, kicked him, and told him to stop, but he penetrated her with his penis in several different ways. § 1092(1)(B) (2016); and one count of violating a protective order (Class D), 19-A M. On October 1, 2015, the court scheduled jury selection for January 19, 2016, with trial set to begin on January 25, 2016. He strangled the victim with his hands and forced her to have sex with him even though she resisted. § 4011(1) (2016).[¶10] From March 2014 until October 1, 2015, the case was scheduled for five “docket calls,” all of which were continued, at least twice at Gagne's request.She also testified that the victim had told her on October 31, 2013, that she was pregnant.[¶19] As part of his case, Gagne sought to call two witnesses whom he had not listed before trial. We also upheld the admission of a 9-1-1 recording when the defendant had the opportunity to cross-examine the caller at trial, even if that opportunity came after the initial direct testimony and cross-examination of the victim. Cruthirds, 2014 ME 86, ¶¶ 15-20, 96 A.3d 80.[¶35] Here, the victim testified at trial and explained her loss of memory of the details of events. Gagne does not challenge the sufficiency of the evidence to support the convictions. The SANE report contains a notation that the examiner saw a “significant amount of blood” in the victim's vaginal vault, but no tearing or lacerations.4. One was a classmate of the victim who was offered to testify, inter alia, that the victim (1) told the classmate that she had been raped by Gagne on a prior occasion, (2) stated that her parents had told her to make it up, and (3) was late for her period on November 4 and 5 because the two had the same cycle and the victim had said before Halloween that she was pregnant. at 59 n.9).[¶34] Thus, the Supreme Court of the United States affirmed the admission of a witness's prior identification of his attacker while he was recovering in the hospital from a severe beating even though he could not, at the time of trial, remember having seen his assailant or having had visitors other than the interviewing police officer while he was in the hospital. She underwent extensive cross-examination regarding the various statements she made to others. Our review of the record indicates that the evidence does support the jury's findings of guilt as to each charge. Gagne also argues that the prejudice to him was compounded by the State's failure to share with Gagne its notes from January 15, 2016, interviews of the victim and her parents until after jury selection. 803(5), and the trial court did not abuse its discretion in admitting the recording. § 207-A(1)(A) (2016), and one count of domestic violence terrorizing (Class D), 17-A M. The victim worked at a supermarket in Scarborough; Gagne was not working due to disability.[¶4] In the summer of 2013, the victim, who has attention deficit and sensory integration issues that make it difficult for her to process information and regulate her emotions, went to Louisiana with her mother for several weeks of treatment.
Because of the victim's lapse in memory, the State sought to play for the jury an audio recording of the detectives' interview of the victim at the hospital when she had reported the crimes. 801(d)(1), or a recorded recollection that accurately reflected the victim's knowledge and was made by the victim when the matter was fresh in her memory, whereas she could not recall the information well enough at trial to testify fully and accurately, see M. The court ruled that the recording was admissible as a recorded recollection, M. The court authorized Gagne to cross-examine the victim after the recording was played, but Gagne elected not to recall the victim to testify.[¶17] After the State presented its case, Gagne moved for a judgment of acquittal as to all counts. Moreover, another witness—the adopted cousin—did testify that the victim had mentioned thinking she was pregnant in late October 2013, and therefore Gagne was not deprived of the opportunity to present evidence of a possibly late menstrual cycle. York County Superior Court docket number CR-2013-2696FOR CLERK REFERENCE ONLYFOOTNOTES1.
(orally), Prosecutorial District 1, Alfred, for appellee State of Maine Reporter of Decisions[¶1] Nicholas W. § 253(1)(A) (2016), two counts of aggravated assault (Class B), 17-A M. Although the victim left Gagne repeatedly during their relationship, they remained together through early November 2013.
§ 208(1)(C) (2016), two counts of domestic violence assault (Class D), 17-A M. Gagne disapproved of her trip and called her repeatedly while she was away, accusing her of cheating on him and making threats toward her parents and pet, including a threat to kill her father.[¶5] Within a week after the victim returned from Louisiana, she moved in with Gagne again.
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Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ. He also tried to put a stick in her anus.[¶7] Afterward, the victim fell asleep. § 210-B(1)(A) (2016); one count of violating a condition of release (Class C), 15 M. Three months after this schedule was created, and seven days before the jury was to be selected, Gagne filed a motion in limine, seeking the victim's medical records that he claimed were missing from the discovery materials that the State had provided.