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State v. Coburn2/11/1999
Reporter of Decisions
Submitted On Briefs: December 22, 1998
Theresa Coburn appeals from a judgment entered in Superior Court (Cumberland County, Crowley, J.) denying her motion for a judgment of acquittal or, alternatively, for a new trial. On appeal, Coburn contends that the Superior Court erred when it refused to grant her motion for a new trial after the jury received extraneous information during its deliberations. We agree and vacate the judgment.
I. Background
In January 1998, Theresa Coburn was tried by a jury and found guilty of a single count of operating under the influence of alcohol. The State presented the following evidence in support of the charge. In the early morning hours of July 21, 1997, Robert Doherty, a Portland police officer, observed two cars traveling outbound on Congress Street; the rear car was operating with its high beams illuminated. Finding the use of high beams behind another car unusual, Officer Doherty turned his car around and followed. He observed that the rear car stopped at a flashing yellow light for approximately 15 seconds and then observed that it weaved in and out of its travel lane. He also observed the car make an extremely wide turn from Congress Street onto Stevens Avenue. He testified that, "if you are familiar with Congress and Stevens, . . . it's a large intersection, and the vehicle actually went over to the lane where you would be either heading straight into Westgate or the lane for people that would turn left onto Congress Street."
Doherty signaled the car to stop and asked the driver of the car, Coburn, for her driver's license, proof of registration, and insurance. While she complied with his instructions, he noticed both that her breath smelled of intoxicants and that her eyes appeared glassy and bloodshot. As a result of his observations, Doherty asked Coburn to perform a series of field sobriety tests. She cooperated at first, but then refused to perform the tests, displaying further signs of possible intoxication while doing so. Doherty then arrested Coburn for operating under the influence of alcohol. At the county jail, Coburn refused to acknowledge that the officer had read the form advising her of her rights, refused to sign the form, and refused to take a breath test.
Coburn was charged with operating under the influence of alcohol pursuant to 29-A M.R.S.A. § 2411(1) (1996). A jury trial was held in January of 1998. During its deliberations, the jury asked the court for a read-back of Doherty's testimony concerning Coburn's alleged "wide turn." At a later point in its deliberations, the jury reported that it was having difficulty reaching a unanimous verdict. The trial Judge gave the jurors appropriate instructions on continued deliberations and sent them home for the day with instructions not to discuss the case with anyone and to return to their deliberations the next day, a Friday. Unfortunately, the ice storm of 1998 prevented the jurors from returning to the courthouse until the following Monday. After a brief period of deliberations, the jury returned a verdict of guilty.
After the jury entered its verdict, Coburn learned that two jurors had received extraneous information regarding her case at some time during the trial or the deliberations. Coburn therefore filed a motion for a judgment of acquittal or, alternatively, for a new trial. The State and Coburn entered into a stipulation regarding the extraneous information in order to avoid calling the jurors to testify. The stipulations read as follows:
"[A juror] inquired of her husband, a former law enforcement officer and current Superior Court financial screener, what purpose
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