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State v. Melanson8/27/2002
rson was under the influence of an intoxicant: testimony that the defendant exhibited symptoms of intoxication can be sufficient to support a finding that the defendant was under the influence." *398 McCurdy, 2002 ME 66, 10, 795 A.2d at 88.
[ 10] Contrary to Melanson's contention, the evidence presented at trial was sufficient to support his conviction. Deputy Birch observed Melanson speeding and weaving in and out of his lane. He detected an odor of intoxicating liquor coming from the cab of Melanson's vehicle and noticed that Melanson's eyes were "reddish." The operator of the intoxilyzer machine also detected an odor of alcohol on Melanson's breath. Melanson displayed belligerent behavior, refused to perform field sobriety tests and was uncooperative throughout the investigative process. These facts support the jury's conclusion that Melanson was operating a motor vehicle while under the influence of intoxicants.
III. JUROR IMPARTIALITY
[ 11] Melanson next argues that the court erred by denying his motion for a mistrial because of the concern raised by a juror that, due to the juror's prior experience as a police officer, Melanson might not get a fair trial.
A motion for a mistrial is addressed to the sound discretion of the trial court, and [this Court] review[s] a denial of the motion only for an abuse of that discretion.... The trial court should deny a motion for mistrial except in the rare case when the trial cannot proceed to a fair result and no remedy short of a new trial will satisfy the interests of justice.
State v. DePhilippo, 628 A.2d 1057, 1058 (Me.1993) (alteration in original) (quoting State v. Clark, 591 A.2d 462, 464 (Me.1991) (citations omitted)). When the impartiality of a jury is called into question, "the trial court should individually interview the jurors to ascertain whether each can remain impartial. The court's determination of whether a juror can remain impartial is entitled to substantial deference because of the trial court's ability to observe and to assess the juror's credibility." State v. Mair, 670 A.2d 910, 912-13 (Me.1996) (quoting State v. Wright, 662 A.2d 198, 201 (Me.1995) (citations omitted)).
[ 12] Contrary to Melanson's contention, the court acted within its discretion by denying Melanson's request for a mistrial. The manner in which the trial justice managed the juror's concern was exemplary. The trial justice (1) carefully explored the nature of the juror's concern regarding the impact his prior employment in law enforcement might have upon his fellow jurors, and (2) satisfied himself that the juror was sincere in his commitment to not bring his prior experience to bear upon the jury's deliberations. The court directed the juror not to offer evidence, by way of his prior experience, in the jury room, and found that the juror clearly understood his responsibility to decide the case only from the evidence presented.
[ 13] "The determination of credibility in such circumstances is a matter solely within the province of the trial judge, and [this Court] therefore give [s] substantial deference to the court's ultimate decision regarding the juror's impartiality or lack thereof." State v. Boyce, 1998 ME 219, 7, 718 A.2d 1097, 1099-1100. Here, the in camera proceeding provided ample support for the trial justice's conclusion that the juror understood his duty to serve with impartiality and was sincere in his stated desire to do so. Accordingly, the court properly denied defendant's motion for a mistrial.
The entry is:
Judgment affirmed.
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